New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-09
VIGOROUS FEDERAL
PROSECUTION PLANNED
To Correct "Joker" in Indian
Appropriation Bill Allowing
Millions in Profit.
SUITS FOR OKLAHOMA LAND
Congress Will Be Asked for
Further Protection-Presi-
dent Taft Faith in
Mr.. Sherman.

Beverly. Mass AUG. S.-A vigorous prose-
cution reclaim title to vast amount OF
Indian land in Oklahoma Is being planned
by the Department Of Justice for the COM
ing autumn. One Of the principal actions
il: prospect is to overcome the effect of an
ingenious Joker which written INTO
the Indian appropriation bill just before
that measure was handed to the President
for his signature.
The Joker was discovered by Solicitor
General Bowers, but it was agreed be-
tween the President and Mr. Bowers that
il was too late to send the bill back TO
Congress and that q means of offsetting the
Joker could be devised
This Joker which is now Ian.
granted the right of appeal to the United
States Supreme Court in a involving
over twenty thousand 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 demurrer
the defendants had no right of appeal TO
the Supreme 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 re-
sort, but simply TO get delay of a year
OF 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 are being stripped of these
natural resources as fast as coal can be
mined and oil pumped. A year and a half
delay means millions of dollars TO the
claimants
The plan to Offset this move by the pos
SCISSORS Of the land is TO apply 10 the
United States Court in Oklahoma for a re-
ceiver for the lands just as soon as the
autumn term begins. In this way the court
will exercise full control over all the oper-
atoms and secure the benefits to the final
successful litigants.
Many Well Known Persons Involved
In Investigating the contracts by which
ii is claimed the Indians have been de-
frauded of the lands granted to them by
the government. 1t is said that the De-
partment Of Justice officers have unearthed
e startling condition 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 re-
claimed it is pUrposed to throw further
protection about them if Congress can be
prevailed upon 70 do SO.
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 assert that having
granted the lands TO Indians the govern
ment has not the constitutional right to
restrict this land. The Court of Appeals
decided against this. however
It is now alleged in another case that
the Indians have nit oG
citizens and have become citizens of the
state, and that Congress has no right to
act respecting them.
a Novel Answer
The government is preparing a novel an
swer 10 this suit 1t will be held that while
hte Indians may have received the right of
citizenship under the United States they
do not become citizens under the Fourteenth
Amendment, providing that persons born
in and under the Jurisdiction OF the United
States. or nsturalized, are citizens of the
United States and OF the state in which
they reside. II will be asserted that the-I
Indians were not born under the jurisdic-
ton OF the United States, but under tribal
Jurisdiction The United States deals with
the tribes, but never with the Individuals
The outcome of this contention viii be
watched with particular interest.
President Taft told several OF his
callers recently that he was fully acquaint-
cd with Vice-President Shernans attitude
as 10 the Indian contract cases involved IN
the pending Oklahoma investigation caused
by the Gore charges. and that he knew the
ice-President TO he strenuousy opposed
10 allowing the big fees to attorneys in con-
nection with which the alleged attempt at
bribery occurred