The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-08-09
Discovered Too Late to Send
1t Back to Congress, but the
Administration Has Plans
to Counterfeit It's influence.
OVER 10000 INDIAN
CONTRACTS INVOLVED
Lands Stripped of Coal and Oil
Since Congress Granted
Right of Appeal to Defend
ants in Government Suits.
RECEIVERSHlP is PROPOSED

II ENERLY, Mass, Aug. S.-A VigOr-
ID Gus prosecution 10 reclaim title
to q vast amount of Indian land
in Oklahoma Is being planned by the
autumn.
One of the principal actions in pros
pect is TO overcome the effect OF an
ingenious NtOker" written into the In
dian appropriation bill Just before that
measure was handed 10 the President
for his signature. The "jOker' was
discovered by Solicitor General Bow
ers, but IL WAS agreed between the
President and MIR. Bowers that it Was
too late 10 send the bill back to Con-
gress and that "A means of Offsetting
the ''tOker" would be devised.
This Joker" which is now a law,
granted the right of appeal to the
United States Supreme court in a case
involving over 10000 Indian contracts
which had been decided in favor OF
the government by the court OF ap
peals Of the Eighth district. AS the
matter had been taken into the cir
cult court on a demurrer, the defend
ants had no right OF appeal TO the Su-
preme court.
Il is the belief Of the government
officials that the authority 10 appeal
was secured with no idea that the
case might be won in the court Of final
resort, but simply 10 gain a delay of
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 are being
stripped of these natural resources as
rast as the coal can be mined and the
oil pumped. A year and a half delay
means millions OF dollars TO the claim
ants.
VIII Ask for Receiver.
The plan TO offset this move is to
apply 10 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 ex-
ercise full control over all the opera
lions and make secure the benefits for
the final successful ltigants.
Investigating the contracts by which
II is contended the Indians have been
defrauded OF the lands granted to them
by the government, it is said the de-
partment Of justice has unearthed a
startling condition Of affairs, inVOiv-
ing many well known persons. The
government is fighting the cases hard
for the Indians. ana once the lands are
reclaimed, II is proposed to further
protect them II Congress can be pre-
vailed upon to do so.
The defendants in some of the ac-
lions that are pending have offered
unique legal propositions to be met by
the government In the first place,
iihey claim nat having granted the
land TO Indians, the government has
not the constitutional right to restrict
this land. The court OF appeals de-
cided against this claim. however.
Question OF Citizenship.
1t is argued in another case that the
Indians have been granted citizenship
ana have become citizens OF the state
and Congress has no right to act re-
specting them.
The government is preparing a novel
answer to this suit. 1t will be CON
tended that while Indians NAV have
been granted the right of citizenship
IN the United States, they 40 not be-
come citizens under the fourteenth
amendment providing that persons
born IN and under the Jurisdiction of
the United States. or naturalized. were
citizens or the United States and Of the
STATE IN which they resided
II VIII be claimed that the Indians
were not born under the Jurisdiction
or the United States, but under their
tribal Jurisdiction. The United States
deals with the tribes, but never with
the individuals WI"
Inc outcome OF this contention will
De Watched with interest
PRESIDENT Tart has told several of
MS callers recently that he was fl1IIv
acquainted with Vice President Sber.
mans attitude as 10 the Indian cases
involved IN the pending Oklahoma in
Vestlgation, and that he knew the vice
PRESIDENT was strenuOusly opposed To
aIlowlng the big fees to ATTORNEYS in
connection with which the alleged at
tempt at bribery occurred