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

puSlu'SS, lcgal ana society world.
Mr.. w H. Berry. the general man.
agcr. has been with the company six
years. coming to the position from
Chicago. lie is progressive and
thoroughly experienced telephone
man and II Is under his able guild
ance that the many improvements
have and are being made.
tended by practically every lawyer
OF ability that both the homestead
and the surplus. or the entire al
lotment, is alienable Immediately
upon the death of the allottee by
his heirs. This contention affords
another basis for many thousands
suits brought by the government.
This contention will be soon settled
so far as our state courts are con.
ccrncd I'm the case of Hancock vs..
Hamilton. submitted on the 18th
of May. 1909. To our own State Su-
preme Court Judges Hayes and
Williams have disqualified them.
selves as members of the supreme
court In passing upon this proposi-
ton.
In bringing these suits. the gov
hundreds and hundreds of them
where the facts are unwarranted
and uuiustified However. in de.
fensc of this It may be said that as
soon as II is brought to the atteD-
tion of the law officers OF the de-
partmcnt Of justice having the pro-
secution of these suits, they dis
miss them at the expense OF the
government. II may Dc further said.
in defense of bringing so many use
less suits. that the haste that nee.
essarily attended the preparation
of the data upon which these suits
are based, precluded an absolute
and correct statement of facts upon
which TO file petitions ~ equity
10 set aside cOnveyanccs Iowever.
whore these suits were Vrongfully
brought, the acts of the governmnt
may be justly attacked upon the
ground that 1t has frightened In.
yestors in land and the purchasers
of mortgages in land from coming
into the Indian Territory part OF the
state of Oklahoma to make invest
ments.
Acts Of congress, and decision
of the department Of justice and OF
the interior, and of the courts, had
decreed that certain classes OF titles
were sure and beyond successful at.
tack, whereupon investors living
In distant states, as in Rhode Island.
Connecticut. and Iowa. took mortga.
ges upon this class OF land, and
many bought and afterwards they
were sued. II can be readily seen
by even the most casual observer
that even though the suits be- dis.
missed at the expense of the gov
ernment. yet after this purchaser
Of a mortgage. living in a distant
state. has invested his money, II is
situation. and he Is lOath TO make
further investments here.
The lawyers of the country. and
their clients. futher find II some
what difficult TO have dismissed
causes OF action even where the
county courts approve the deeds to
cure a heretofore alleged existing
defect In the title. and where such
suits ought to be dismissed as a
matter of course # Is to be hoped,
however. that the department OF jus
tice will exert itself To dismiss,
wherever il appears II should be
done, all suits.
In the Choctaw and CnicHass~
nations many hundreds OF defend.
ants associated themselves together
I'm the common cause, and employ
ed common counsel. Dpnmrrers
were filed - the governments Lill
in equity IN the United States court
for the Eastern District of Oklaho-
ma, and on March 10. 1909, were
argued at great length both by the
assistant attorney general OF tha
United States, Mr., Russell, and ly
various counsel for the defendants.
The defendants interposed general
and specific demurrers to the gov.
ernment's bill. Judge Campbell now
has under consideration these de
murrers. and II is confidently *