Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-08-09
TO REGAIN INDIAN LANDS.

Beverly, Mass, Aug. S.-A vigorous
prosecution to reclaim title to vast
amount Of Indian land 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 affect of a Joker"
which was written into the Indian APP
preparation bill just before that meas
ure was handed to the President for
his signature. The Joker" was dis
covered by Solicitor General Bowers.
but it was agreed between the. Presi-
dent and Mr. Bowers that it was too
late to send the bill back to Congress
and that means of offsetting the
joker could be devised. This Joker"
which now law granted the right
of appeals to the United States su-
preme court in a 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 taxi
en- into the circuit court on demur-
er, the defendants had no right of APP
peal to the supreme court.
1t is the belief of the government Of
sought and should 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.
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 oil
pumped A delay of a year and a half
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 Oklahoma
| for a 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 and Sc
cure the benefits to the final successful
| litigants.
Investigating the contracts by which
| it is claimed the Indians have been de-
| frauded of their lands, granted to them
| by the government. it is said that the
department OF justice officers have I'M
| earthed a 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
they are reclaimed it is proposed to throw
| further protection out to them if Con-
gress can be prevailed upon to do so.
The defendants in some of the actions
that are pending have offered unique le-
gal propositions to be met by the gov
| eminent In the first place they claim
| that. having granted the land to the In
| dams, the government has not the consti-
tutional right to restrict this land. The
court of appeals decided against this
claim, however
| 1t is now claimed in another case that
the Indians have been granted citizen
ship and have become citizens of the
state and Congress has no right to act
respecting them.
The government is preparing a novel
| answer to this suit. 1t will be claimed
that while Indians may have been grant
| ed the right of citizenship under the
| united States, they do not become citi-
Zens under the 18th Amendment which
Will make them citizens of states and
| therefore Congress still has authority
over them. The 18th Amendment provides
| mat persons born in and under the juris-
| dlctlon 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 that the Indians were
not born under the Jurisdiction of the
| United States but under their tribal juris-
| oictlon The United States dealt with
the tribes, but never with the individ-
| uais The outcome of this contention will
De watched with particular interest.
president Taft has told several of his
callers recently that he was fully ac-
quainted with Vice President Sherman's
attitude as to the Indian contracts and
'hat ne knew the Vice President to be
strenuously opposing the big fees to at
torheys in connection with which the al
leged attempt at bribery occurred.