Los Angeles herald., 1910-08-09
OKLAHOMA LANDS TO BE
RECLAIMED FOR INDIANS
Joker Found in Appropriation Bill
Passed by Congress

BEVERLY, Mass, Aug. S.-A vigor-
Gus prosecution to reclaim title 10 a
vast amount of Indian lands in Okla
homa is being planned by the depart
ment of justice for the coming autumn.
One of the principal actions in pros
pect is to overcome the effect of an
Ingenious "joker" written into the In
dian appropriation bill just before that
measure was handed to the president
for his signature.
The Joker" was discovered by Solicit
tor General Bowers, but it was agreed
between the president and Mr.. Bowers
that it was too late to send the bill
back to congress and that means OF
offsetting the Joker" would be devised.
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 in favor of the
government by the court of appeals
of the Eighth circuit. As the matter
had been taken into the circuit court
on a demurrer the defendants had no
right of appeal to the supreme court.
FOR DELAY ONLY
1t is the belief of the government Of
ficials that the authority to appeal was
secured, not with any idea that the
case might be won in the court of final
resort, Out SIMPLY " SSbiA a. hSANJ -
a year or eighteen 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 aye being
stripped of natural resources as fast
as the coal can be mined and the oil
pumped, A year or year and a half
delay means millions of dollars to the
claimants.
The plan to offset this move is to
apply to the United States court in
Oklahoma for a receiver for the lands
Just as soon as the autumn term be-
gins. In this way the court will eXer-
else full control over all the opera
tions and make secure the benefits for
the final successful litigants.
Investigating the contracts by which
it is contended the Indians have been
defrauded of lands granted to them by
the government, it is said the depart
ment of justice has unearthed start
ling condition of affairs, involving
many well known persons. The gov
ernment is fighting the cases hard for
the Indians and once the lands are
reclaimed it is proposed to further pro
tect them if congress can be prevailed
upon to do so.
UNIQUE PLEAS
The defendants in some of the
actions that are pending have offered
unique legal propositions to be met by
the government. In the first place they
claim that having granted the land
to the Indians the government has not
the right to restrict this land. The
court OF appeals decided against this
claim, however.
1t is argued in another case that the
Indians have been granted citizenship
and have become citizens of the state
and congress has no right to act re-
specting them.
The government is preparing novel
answer to this suit. 1t will be con-
tended that while the Indians may
have been granted citizenship they DO
not become citizens until the four
teenth amendment providing that per-
sons born in and under the jurisdic-
ton of the United States, or natural
lied, were citizens of the United
states and of the state in which they
resided.
1t will be claimed the Indians We're
not born under the jurisdiction of the
United States, but under their tribal
Jurisdiction. The government deals
with tribes, but never with individuals.
The outcome of this contention VIII De
watched with interest.
President Taft has told several of
his callers recently that he was fully
acquainted with Vice President Sher-
mans attitude as to the Indian cases
pending in the Oklahoma investigation
and that he knew the vice president
was strenuously opposed to allowing
the big fees to attorneys, in connec-
tion with which the alleged attempt
at bribery occurred.