The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-09

I
the country in the history Of indian
litigation He suggested n settlement
on 3 per cent basis. which was not
satisfactory to the attorneys and
finally consented to have the court fix
a more equitable amount. The court
lthen said that s750000 was about
fright ana that this amount Should be
lpaid Hitchcock again demurred but
the money was paid. although the fee
was never approved by the secretary.
The members who constituted this
lcitlzenship court were Spencer y.
Adams of North Carolina, chief Judge.
| Walter l.. Weaver Of Ohio and Henry
s. FOote OF Carolina. deceased.
Charges were made by Indians and
half breads whose rights TO distribn-
tion were undisputed that the attoT-
neys were going to Unnecessary lengths
to have many of The claims declared
! fraudulent and were drawing the
blood line so close as to preclude the
participating of persons who claimed
n clear right under the law as Choc-
taw and Chickashaws, the law being
broad enough toUidmit even negroes
with the Indian blsod OF these tribes
Ia their veins as beneiciaries.
Inasmuch as the action Of the Choc
taw and Chickasaw citizenship court
was considered final there seemed TO
be no hope of relief in sight for those
Indians who were unfortunate 70 fall
By the wayside during the brief car
reer Of the court in question. Frequent
attempts were made in Washington to
have congress pass legislation which
would give these people a chance in
what their attorneys referred to CON
stitutional court Inasmuch as they
hal already won out In the federal
court on one occasion Il was consHl-
cred to be no more than right that
they be given an appeal from the cour.
that had Just defeated what they con
tended TO be their rights Over S15
100000 OF property IS Involved. Under
the law these Indians We're transferred
from the citizenship rolls and placed
on the freedmen rolls where they may
now be found.
An example of the Justice that was
meted out to Indians before tae
Dawes commission at Muskoger WIS
revealed 10 the select senate commit
ies on Indian affairs that visited In
dian Territory two years ago and with
view OF Investigating conditions Ia
the Ave civilized tribes, The testi-
muny adducad during these hearings
plays mn important part in the corrup-
iion charges now pending in the Unit
ted States senate. TO quote the testi-
mony OF Mr. ] O. Beall, chief law
clerk OF the Dawes commission:
q. Now. Mr. Beall. ! want to ask
YOU If you have at any time In the
hearing Of any cases ever quoted a
provision from a bill pending in con
gress which had not become a law. for
the purpose OF determining the rights
OF the applicants. A. Yes sis
@. Can yon state in what case. A.
4 couldn't now. In a great number of
cases.
Now to quote from the congressiol-
al record. referring to tho part played
by high public officials In the prems-
es:
1T IS likewise pointing strongly ~
them in public life who hnve made
meteonc pilgrimages 10 the depar,-
ment and importuned high federal Ugi-
ciais to direct the dismissal OF the
Indictment against Messrs. Mansfield.
McMurray and Cornish II Is conciev
able that any OF these officers OF the
department secured portion of ttis
great fee OF s750.00O for their services
In shielding and protecting these men.
Il IS necessary here 10 argue the
question of guilt or inn1cense OF tues 2
nea II Is sufficient to say that II they
had been innocent OF the crime charg
ed they would have exhausted every
lremedy within their power 20 have sec
ured and early and speedy trial before
q jury composed cf their peers and
lneighbors.
This blot upon the integrity OF nigh
federal officers cannot be wiped ort hy
iany mere assertion that the indicr.
ments were not wail founded or tLai
there was not sufficient proof o. sus-
tain the indictments These were
| questions for a court and jury % de-
eide and not Tor the Onicers Of ihe
department OF justice, Somewhere bS.
hind the scenes and In the lark re
cesses OF the federal mechanism there
was a conspiracy concocted to protecs
these men. and that conspiracy con'
cocted in the dark was carried through
10 successful fruition by departmental
agency aud secrecy.
And why the dismissal OF these IN
dictments on the last day OF the OK
istance OF the territorial courts2 The
Telegram from the attorney general %
the district attorney was seen by coun
sci for these claimants. directed the
United States district attorney 10 bl
sure and see that indictments against
! Mansfield M0Nurray an0 Cornish arl
dismissed before the territorial rourt'
pass out OF existence and the nev
state courts come into being.
] Isr- A.
dy for all disorders of the stomach
/ .,lnh % lunnnnaln hanrf hnrn SOM