The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-08-13
SWINDL|HG THE INDIANS.
"sokER" WRITTEN INTO APPRo.
PRIATION BILL.
Government Ofiiciais Will Bring Suit
20 Keep Unscrupulous Men From
S<ripplng Natural Wealth.

Beverly. Mass. Aug. S.-A vigorous
prosecution to reclaim title TO n vast
amount OF Indian land In Oklahoma
10 being planned by the department
OF Justice for the coming autumn.
one OF the principal actions In pros
pect In TO overcome the effect Of the
Ingenious "joker" which was 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 1t was agreed
between the president and Mr.. Bow
ers that II was too late to send the
bin back to congress and a means Of
orsetting the Joker" would be de-
vised.
This Joker" which now Is a law,
granted the right to appeal to the
United States supreme court In
case involving more than 10000 In
dian contracts which had been de-
cided 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.
Move for Delay.
It 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 delay Of year or IS months.
The belief Is based on the fact that
the lands involved in this case are
practically coal and oil lands and
every day that passes they are being
stripped OF their natural resources as
fast as the coal can be mined and the
oil pumped. A year and a half de-
lay means millions Of dollars to the
claimants. The plan to offset this
movement by the possessors of the
land is to apply to the United States
court In Oklahoma for q 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
Well Known Men Involved.
It Is said that the department. of
justice officers have unearthed a
startling condition OF affairs involv-
Ing many we'll known persons which
will come out fully when the cases
are heard. The government is fight
Ing the cases hard for the Indians
and once the lands are reclaimed II
Is proposed further to protect them
IL congress can be prevailed upon to
do 90.
The defendants in some of the ac-
tions that are pending have offered
unique legal propositions to be met
oy the government In the first place
they claim that having given the land
to Indians the government has not the
constitutional right to restrict this
land.
The court OF appeals decided against
this claim. however 1t Is now argued
I'm another case that the Indians have
been granted citizenship and have
become citizens OF the State and con-
gress has not the right to act respect
ing them.
Novel Answer Likewise.
The government Is preparing a
novel answer to this suit. IL will be
eontended that while Indians may
have been granted the right OF citizen
ship under the United States they do
not become citizens. Under the 14th
amendment providing that persons
born In and under the Jurisdiction OF
the United States or naturalized. were
citizens OF the United States and of
the State In which they reside. It
will be claimed that the Indians were
not born under the Jurisdiction Of the
United States but under their tribal
Jurisdiction. The United States deals
with the tribes but never with the
individuals.
President Taft has told several of
his callers recently that he was fully
acquainted with Vice President sher-
mans attitude as TO the Indian con-
tracts case. involved In the Gore
charges, and that he knew the vice
president was strenuously opposed to
allowing the big fees 10 ATTORNEYS