The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-08-09
JOKER IN INDIAN
BILL is FOUGHT
The Cove : ) ,,nt VIII Resist
C|ag.sP j |: Indian Land
LONG DELAY BEING SOUGHT
Claimants Hold the Land on Films y
Pretexts and Want Legal steps
Put on As Far In Future
As Possible

Beverly, Mass, August S.-A vigorous
amount of Indian land in Oklahoma Is
being planned by the department of
justice for the coming autumn.
One of the principal actions in pros
pect Is to overcome the effect of an In
genious joker which was written into
the Indian appropriation bill just be-
fore that measure was handed to the
President for his signature.
The joker was discovered by Solici-
tor General Bowers, but 1t was agreed
| between the President and Mr.. Bowers
that it was too late to send the bill
back to Congress- and that a means of
offsetting 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 a case
involving more than 10000 Indian con-
| tracts, which had been decided in favor
of the government by the court of ap-
peals of the eighth circuit.
| AS the matter had been taken into a
circuit court. demurrer, the defend
ants had no right of appeal to the SUI
preme court.
| 1t is the belief of the government
officials that the authority to appeal
was sought and secured not with any
| idea that the case might be won in
the court of final resort. but simply to
gain a delay of year or 1s months.
| This belief is based on the fact that
the lands involved In this case are
practically coaA and oil lands. and ev-
cry day that passes they are being
| stripped of these natural resources as
fast as the coal can be mined and the
oil pumped. year and a half delay
means millions of dollars to the claim :
ants.
The plan to offset this move by the
possessors of the land Is to apply to
the United States court In Oklahom
| for a receiver for the lands Just as soon
as the autumn term begins. In this
way the court will air full control over
all the operations and secure the bene-
| Ats to the final successful lifgants In
involving the contracts. by which it is
| contended the Indians have been de-
frauded of the lands granetd to them
| by the government, 1t is said that the
| department of justice officers have un-
| earthed a startling condition of af-
| fairs, involving many well known per-
| sons, which will come out fully when
the cases are heard. The government
officers are fighting the cases hard for
the Indians and once the lands are re-
| claimed, 1t Is proposed to further pro-
| tect them If Congress can be prevailed
| upon to do so.
| The government Is preparing a novel
| defense to the suits. 1t will be con-
! tended that, while Indians may have
| been granted the right of citizenship
under the United States laws. they do
not become citizens under the four
teenth amendment providing that per-
sons born in and under the jurisdic-
| ton of the United States or natural
ized, were citizens of the United
States. and of the state in which they
resided. 1t will be claimed that the
Indians were not born under the juris-
diction of the United States, but under
| their tribal jurisdiction. The United
States deals with the tribes, but never
| with the individuals. The outcome of
| this contention will be watched with
| particular interest.
| President Taft has told several of his
callers recently that he was fully ac-
quainted with Vice President Sher-
mans attitude as to the Indian con-
tracts case, involved in the pending
Oklahoma legislation caused by the
| Gore charges, and that he knew the
vice president was trenuously opposed
to allowing the big fees to attorneys
in connection with which the alleged
| attempt at bribery occurred.