The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-08-07
INDIANS HAD RIGHT
TO DISPOSE OF LANDS
Titles Before Restrictions
Removal Act Went Into
Effect Held Good

Muskogec. Okla. Aug. 7-Judge
Ralph e Campbell Of 1e United
states circuit coult yesterday after
noon sustained the demurre.s of De
PENDANTS i'm thirty thounsand Indian
and alienation suits brought by the
government. The actions by the gov
ornmem we're ordered dismissed.
The court held rhat the titles oh
aimed from the Indians before the
act removing restrictions went into
effect are good.
Il is es mated than about two mil
ion acres of land are involved in Il.
uits, much of il oil and gas laga, but
the greater part of it is good for asrl-
cultural purposes The suits have been
pending for more than year against
grantees in conyeyances involving
estricted lands i'm the Old Indian Ter
itory see ion of oklahoma
The defendants in the suits who
claimed title to the land by reason OF
purchases from the Indians, are
scattered throughout the United
states and some reside in Scotland
md Mexico. United States Senator
2obeot L. owen is defendant in 100
asses and Justice Williams OF
he supreme court of this state ls
glso a defendant.
When the demurrers were argued
asst March Senator owen was among
he attorneys representing the defend.
tnts. The government and the Five
iv.li2od Tribes were represented by
Assistant Attorney Gerenal Charles
W Russell and three special assist
ants.
The demurrers contested the right
# the government to bring the suits,
legine among o her things chat the
.Inited States court had no iurisdic
ion and that the allottees, having
been made citizens of the United
states by act of congress. could no
onger assume the relationship oi
wards 10 the government. The gov
rnment contended that it owed a
iuty TO all the alottees, as shown
~ treaties and acts of congress, ana
vas under obligations to see their
ands were freed from void convey
lnces attaching 10 them during the
leriod of restriction.
According TO the governments at
0rneys. the purpose of the suits was
cleae the titles of the lands from
he clouds cast upon them By reason
lf the alleged Illegal conyeylnees
which. II is asserted. We're obtaine~
BY eason Of the ignorance Of the In
dians.
Judge Campbell in his decision laid
r-eat stress ON the fact that the act
)f congress- conferring statehood OF
oklahoma. including old Indian TT
ory, conferred citizenship both st ltc
md national. upon all members Of the
civilized tribes They, therefore. have
righ, to bring suits under ate
avs and individuality ana enjoy al.
he fruits of citizenship.
The court held that the contention
Of the government thlt the Indians
still occupy the position Of wards I'M
Ter he government and that the latter
has the right to sue for their pro
ection presents an anomaly.
According TO the decision the gov.
arnment relinqushed gardianshop
when congress passed the act confer
ring statehood
Judge Campbell granted the re-
luisite time for Tie government at
orneys 60 complete the record for an
appeal from his decision to the United
States circuit cou-t at St. Louis.
The distinctive difference between
these suis and the Muskogee town
lot cases, is that the lands in the
D, ,esent controversy have been allotted
TO the Indians in seyeralty subject
to the removal Of restrictions, and
we're purchased by he defendants be
fore such removal In the town lot
cases the lands belonged TO the Geek
Indians and had never been allotted e
individuals