Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-09
DIP ARTSfENT OF JUSTICE
PLANS TO TAKE \ HAND.

Beverly Mass Aug S.-A vigorous
prosecution to reclaim title to a vast
amount of Indian lands in oklahoma
is being planned by the department of
Justice for the coming autumn.
one of the principal actions in
prospect is to overcome the effect Of
an ingenious Joker" which was writ
ten into the Indian appropriation bill
lust before that measure was handed
to the president for his signature. The
Joker" was discovered by solicitor
General Bowers, but 1t was agreed be-
tween the president and Mr.. Bowers
that it was too late to send the BIZ
back to congress and that means OF
off-setting the Joker would be de-
vised.
This joker, which is now a law,
granted the right of appeal to the
United States supreme court in case
involving over 10000 Indian contracts
which had been decided I'm favor OF
tho government by the court of ap-
peals of the eighth circuit. 80
As the matter had been taken into
the circuit court on a d3aurrer the
defendants had no right OF appeal to
the supreme court
II Is the belief Of the government
officials that the authority to appeal
was secured. not with any idea that
the case might he won in the court
of final resort but simply to gain a
delay of year or eigteen months.
This belief 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 these natural resources
as fast as the coal can be mined and
the oil pumped. A year and half de-
lay means millions OF dollars to the
claimants
The plan to offset this move is to
amply to the United States court in
Oklahoma for receiver for the lands
Just as soon as the autumn term be-
gins In this way the court VIII eN-
ercise fun control over all the oper-
ations and secure the benefits Of the
final successful litigants.
In investigating the contracts by
which IT il contended the Indians have
been defrauded of the lands granted
to them by the government IL is said
the department of Justice has un-
earthed q startling condition of affairs
involving many well known persons.
The government is fighting the cas-
Is hard for the Indians and once the
lands are reclaimed. it is proposed TO
further protect them IL congress can
be prevailed upon TO do So.
The QcfeuuhltS III sunni tl Aht az
tions that are pending have offered
unique legal propositions to be met
bv the government. In the first place
they claim that having granted the
land 10 Indians. the government hS
not the constitutional right To restrict
this land The court of appeals dt-
cided agains his claim however.
IL Is argued in another case that the
Indians have been granted citizen
ship and have become citizens of The
state and congress has no right L"
act respecting them.
The government Is preparing a now
81 answer to this suit. II viii be con
tended that while Indians have been
granted the right Of citizenship. un-
der the United States. they do not be-
come citizens under the fourteenth
amendment providing that persons
horn IN and under the jurisdiction of
the United States or naturalized, are
citizens OF the United States and or
the state IN which they resided
IL will be claimed that the Indians
were not born under the jurisdiction
of the United States but under theb
tribal Jurisdiction. The United states
deals with the tribes but never with
The individuals.
The outcome OF this contention VIII