The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-11-16
NO FURTHER HOPE
LIES WITH THE COURTS
GscIslon Of United States
Supreme Court Far
Reaching in Effect
lsneclal correspondenee.l }

NaSnlnBtOH ~. -, NoN. 10 ihe
decision of the supreme court OF the
United States in what is known as
the Fleming case, which involved
the rights of about thirteen thousand
persons OF Cloctaw or ChicNasaw
Indian blood, and who were excluded
from enrolment by the secretary oI
the interior, removes the last hope
OF these claimants ~ thcii ever be-
ing able TO enforce their rights in
the courts. The decision OF the
court in this case, it is said, is
broader than in any of the previous
cases that have been appealed 10
the supreme court for decision. The
court held in substance that the
grant to the Choctaws and Chlcka-
saws was to them only during the
life of the ChOctaw nation and that
the use Of the words, 'in fee simple
10 them and their descendants" We're
wo ds of limitation and not of pur-
chase In other words, The grant 10
the Choctaw nation in fee simple TO
them and their descendants to en-
ure to than while they shall exist as
nation and live on ~ was grant
to the nation only during It's life
and the words succeeding "the Choc-
taw nation" We're superfluous just as
in the case OF grant TO a. the all
dillon OF the words "and his heirs,
and in the case of a corporation the
addition OF the words its successors
and assigns. are snperiluous and an-
necessary
Upon The extinction Of the nation,
the cou.t holds, the property passed
back TO the Government OF The Uni
ted States and became a part of the
public lands OF the United States. It's
distribution among any persons was
question of bounty
Webster, Ballinger. senior member
cf The law firm Of Eallinger aud Lee
of Ardmore, and counsel in the case,
when seen by your correspondent,
and asked whether the fight would be
continued, replied
Yes, 10 The bitter end Under
Nthe decision Of the supreme court the
property of The Choctaws and Chick
hsaWs is In fact the property Of the
United States. at least the unallOtled
Ilamls. II ls for congress 10 say what
It will do with these lands and the
Chociaw an dChickasaw tribal off
cials have no voice and are entitled
10 no consideration in the distribu-
zion OF it. Therefore, it cannot any
longer be eentended that for con.
gfess 10 give our clients proportion
ate shares OF this property wouLl be
taking property away from those who
are on the tribal rolls and who al
lege that they only constituted the
citizenship Of the nations. and are The
absolute owners They derived what
ever they have as o result OF the
bounty 81 congress II was gift 10
them, pure and simple. They had no
legal or equitable claim TO the land
Our clients occupy similar position
and we shall ask congress IN the dis
illhution cf This property 10 now give
onf clients equal shares II being
I the properly OF the United States and
no Choclaw or Chlckasaw Indian
having any right in or 10 H. congress
can do with Il rs Il sees fit
while the decision is against lls.
4 u likewise forever silenees the
I Choctaw and Chiekasaw so-called ma
tional authorities There Is no long.
er any use for the retention Of the
4 skeleton governments now in exist.
ence, or Of the tribal officers. and
take 1t congress this winter will be
asked TO abolish them These self
constituted tribal officials no longer
can contend that this is the property
OF the Choetaw and Chickasaw ma
tions and that our clients. moi being
citizens 0f those nations as recog-
nized BY them. have no rights.
The decision is a complete vindi-
Gallon OF Judge Campbell's position,
T his decision being affirmed in It's en-.
tircty. The effects of the decision
are far reaching and cast a further
cloud upon all property in the east
efn district Of Oklahoma The WIS
dom Of selecting Judge Campbell fol-
# his present position has been amply
y demonstrated in. fhlsi case. i thektifsl
case decided bf hAa 4ince AZ ERtml
on the bench and which has reached
and been decided by The supreme
court. "