The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-07-10


no other question fraught with hall
the importance as the question OF the
now famous Indian land suits. 1t Is
impoItant TO the Indian for the rea-
son that the decision has practically
taken his lands off the market and
they have no value. In the thousands
of cases where titles are good the In
yester is afraid and the lands of the
Indian cannot be sold for their worth.
1t is important to the white man be-
cause the opinion of the Sth circuit
court If appeals has hindered prog
ress. it stands in the way of home
owning and strikes at the very toua-
dation of society and at the CONNER
cial interests of the state. 1t makes
eastern Oklahoma home for tenants
when it could just as well be home
of home owners. Poetic sentiment Tor
the Indian has led the federal judges
to decide the great question not upon
law but upon policy. Those judges
far removed from the country their
decision affected do not understand
the Indian, do not understand the
white man cf this country and do
not understand the conditions that
prevail here. Lawyers agree that the
decision is not based upon law but
upon false construction of public
policy.
Through the untiring efforts OF
Congressman Carter and United
States Senator Owen and Attorney
S. r. Bledsoe an appeal from this
decision was granted TO the supreme
court of the United States. All the at
torneys interested in the case will
hold a meeting for the purpose OF
presenting only one brief to the SUI
preme court and every effort will be
made to have this case advanced on
the docket until it can be heard and
determined with other Oklahoma
cases in October of this year. If they
succeed in doing this a decision in the
land cases is hoped for in January.
I'm case the decision Is against the
defendants and the clouds to Indian
titles are sustained then Judge Camp
bell of the federal court will organize
to try these cases as rapidly as possl-
BILE and clear them off the docket
and relieve this section of the state
of the embarrassing land suits. Judge
Campbell's plan is to have masters in
chancery appointed probably one in
every county or one to two or three
counties. The master will hear these
cases and submit reports to the judge
and in that manner they can be tried
within a short time. With only one
Judge in the district and he with plen-
ty of cases to try and determine with
out the land suits and then to saddle
upon this judge the duty of disposing
of thirty thousand land suits would
bury him in work for ten years and
would indeed be against public policy
to bring about such a delay. Judge
j. w. Harreld of the Ardmore bar has
been indorsed unanimously for mas
ter in chancery for Carter county. He
is a thorough lawyer who will go 10
the bottom of the merits of every
case presented to him.
The most recent move and the
most important turn taken in the case
recently is the motion recently filed
in the eighth circuit court fer re-
hearing. This petition was filed by
S. r. Bledsoe and he is of the opinion
that arguments upon the petition VIII
be heard within a short time. AS
the defendants interpret the opinion
of the court here is what the court
held:
lst. That the allottees of the five
civilized tribes are citizens of the
privileges and immunities Of such cit
izenship.
2nd. That the United States has
neither a legal nor on equitable estate
in the lands involved.
3rd. That the jurisdiction of the
trial court is sustained upon the
ground that the United States may
invoke such jurisdiction for the en-
forcement of its policy.
4th. That if the Indians may be di,
vested of their lands they will be
thrown back upon the nation, dis
oontented. pauperMed, and possibly
warlike people.
5th That a violation or disregard
Of a law of the United States au'
thorizes the maintenance of an action
in the name of the United States 70
enforce its policy to see that its laws
H.