The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1909-06-06

pected that they will be sustained
In an opinion expected to be read.
cred within the next thirty davs
The principal contention OF tho
defendants in the government ,in.
cation is that inasmuch as Nom
bcrs Of the Five Tribes are oifi
zens OF the United States. AMI sn
luris, that the government has no
right 10 institute an action for
them. for 10 will be remembered
that in few If any. instances were
the Indians whose rights are AZ
legged to have been adversely affect
ed that 10 'hc domurrers are sus-
tainod To the government bill. that
they Will Immediately institute in-
dividual suits in the name of the In.
dian alIottcc whose rights are alIrs.
ed 10 have been Wrougfullv affected
and whore $1,000 or moro is involved
such actions will be- brought In the
Federal courts. and where less than
$4,000 they will be- instituted u the
state courts
Senator Robou ]. owen made am
effort to have Test suits involving
the different questions brought aud
advanced speedily upon tine dockcts
oi tho various courts tu determine
finally The various questions Al is.
sue. II is believed by practically an
the ldymon and the bar that the cou-
tcution of Senator owen is eminent.
ly well taken. for II 90 De- determined
that q certain position taken by the
government or by the investor is the
law. final judicial decision would
settle the matter beyond doubt
and lll suits or causes of SUITS arie-
ng under the broad question involved
that particular decision would De set
tied for all time The case OF Han.
cock ys. Hamilton determining the
alcnlbility of the surplus Of "A dead
claim, prior To- 1906. aud the Grltts-
Brown case. pending in the court of
claims, determining the validity Of
the NcCumbcr amendment. to the
act of April 20. 1906. both involved
broad questions and will settle prac-
tically two-thirds of the suits. and
viii settle generally the power Of the
government to deal with Indians
when they have become citizens of
the United States. and patents is
sued to them respective allutments.
II Is is 70 be hoped that the proper
ptilcerS Of the government having
TINS litigation In hand will act con-
sistently and without prejudice. and
wei within their constitutional and
valid rights. that their conduct will
be circumscribed by prejudice: nor,
on the other hand II there be lust
cause for bringing suits. that they
viii protect the ignorant Indian at
his request whore a fraud is sought
To be practiced upon him, and that
fear VIII not daunt. or suspicion de-
ter him. from the lawful faithful
and correct discharge OF duty.
The fact that one-half OF the
state of Oklahoma is occupied
by Indian Tribes whose lands
under the law. are insuscep-
ed had been consulted by the
government before the suits were
brought. II Is the intention OF the
government. We are reliably inform.
ed, that by Indian Tribes whose
lands, under the law. are insuscep-
tible OF taxation until the restr.c-
tions have been removed, makes a
speedy settlement OF this Coun-
try, and condition, so that the
lands may be taxed to support the
government, "A matter Of immediate
and imperative necessity. Funds
for the management and conduct
of government largely come from
the taxation of lands. and success
siye failures of the crops for years,
In an agricultural community such
as this. has depleted the financial
resources of the farmer TO such
an embarrassing extent that he is
practically unable to purchase these
Indian lands. Then It is absolutely
necessary TO seek purchasers and
settlers in other more prosperou.
states. and bring them here. But
this cannot successfully be accom-
plished so long as the federal gov
ernment brings into question The
validity OF acts Of congress and Of
transfers made under these acts, so
that the owner. even though he
have an intimate knowledge of the
law and of the situation, can never
determine whether he has good
title TO the land sought TO be pur-
chased or not. and lives in doubt
and fear that he will be sued and
harrassed with courts.
We therefore express the hope
that the government authorities
will press these legal questions 10
speedy termination, TO the
end that these vexing obnoxious
restraints upon our landed tenures
be finally settled by judicial de-
cision Then, and only then, may
we expect of this country higher
hope and a grander destiny