The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1910-08-12
NEW SCANDALS ARE BREWING
I'm CONNECTION WITH SALE
or LANDS.
PROMINENT MEN axe IMPLICATED
Government Proposes to Take :
Strong stand, and Startling Expos
ures Are on the card-slIpped into
Bill IN Closing Hours.


ma is being planned by the Depart
ment Of justice for the coming au
tumn. One of the principal actions
In prospect is to overcome the cffec
of an ingenious Joker" which val
written into the Indian appropriation
bill Just before that measure wal
handed to the President for his sigma
ture. The Joker" was discovered by
Solicitor General Bowers, but 1t was
agreed between the President and Mr.
Bowers that Il was too late to send
the bill back to Congress and that a
means Of offsetting the Joker" would
be devised.
This "joker," which Is now law,
granted the right of appeal to the
United States Supreme Court in q
case involving more than 10000 In
dian contracts, which had been decid-
cd in favor Of the Government by the
Court of Civil Appeals of the Eighth
Circuit. AS the matter had been TAX
en- into the Circuit Court on demur-
rer, the defendants had no right OF
appeal to the Supreme Court.
It is the belief of the government Of
ticials that the authority to appeal
was sought and secured not with any
idea that the case might be won in
the case Of final resort, but simply to
gain a delay of year or eighteen
months.
This opinion is based on the fact
that the lands involved in this case
are practically all coal and oil lands,
and every day that passes they are
being stripped of their natural re-
sources as fast as the coal can be min
ed and the oil pumped. A year and
half delay means millions OF dollars
to the claims.
The plan to Offset this move by the
possessors of the land is to apply to
the United States Court in Oklahoma
for a receiver for the lands just as
soon as the autumn term begins. In
this way the court will exercise full
control over all the operations and Sc
cure the benefits to the Anal success
full litigants.
In investigating the contracts by
which it is contended the Indians have
been defrauded of the lands granted
to them by the government, it is said
that the Department of Justice Cffic-
ers have unearthed startling condi-
ton of affairs involving many well
known persons, which will come out
fully when the cases are heard. The
government is fighting the cases hard
for the Indians, and once the lands !
are reclaimed it is proposed to fur
ther protect them if Congress can be
prevailed upon to do So
The defendants in some of the ac- =
ions that are pending have offered
Unique legal propositions to be made y
~ the government. In the first
,lace they claim that having granted :"
he land to Indians, the government =
las not the constitutional right to re- .
trict this land
The Court of Appeals decided -
against this claim, however. 1t is -
low argued in another case that the ~
indians have been granted citizenship
nd have become citizens of the State, I
nd Congress has no right to act re- y
pecting them.
The government is preparing nov
answer to this suit. 1t will be con-
ended that while Indians may have
cen granted the right Of citizenship, w
ley do not become citizens under the
ourteenth Amendment, providing
lat persons born in and under the
lrisdiction of the United States, or
were citizens of the Unit Ju
! States and of the State In which se
ley resided. 1t will be claimed that de
le Indians we're not born under the st,
risdiction of the United States, but ed
lder their tribal Jurisdiction. The WI
nited States deals with the tubes, frc
1T never with the individuals. The
ltcome of this contest will be watch fro
with particular interest. un
President Taft has told several Of raj
s callers recently that he was full Gel
acquainted with Vice President a 4
attitude as to the Indian fel
ntract, case involved In the pending th,
investigation caused by the Jut
,re charges, and that he knew that wa
Q Vice President was strenuousy in
posed to alloweing the big fees to
torneys in connection with which his
e alleged attempt at bribery occur /
d. rist