New-York tribune., 1911-03-22
SENATOR OWEN FIGURES
IN INDIAN LAND SUITS
conoressmen Wondering Why He
FiIioustered Against the
Sundry Civil Bill.
WAS BEATEN IN HOUSE
His Success Would Have De-
prived Department of Justice
Of Funds Needed to
Prosecute Suits.
lrrom Th. Trihur. Rureau.l

Vsshineton March 2l.-Was Robert
owen senator from oklahoma. real
l.. I'm love with the Arizona constitution.
~ vas he merely trying To escape the
,,naities of the suit brought against
him by the Department cf Justice when.
In the closing hours Of the last session.
rc sought to defeat tho sundry civil APP
n~olriatiou bill? This IS the question
which Senators who have traced the his
tory OF q certain amendment TO that bill
ere earnestly asking ono another
Tho gravity Of senator ovens situa-
,iop may bc appreciated from the fact
that the Attorney General. bringing suit
.o protect the indians and nullify the
transfers. declared in the statement filed
in thc United states Circuit Court that
,t. restrictions and enCumbrances on
,hsi- sale had never been removed. and
that the condition of such lands with
,scard 10 restrictions was not only
irow % defcnlants from public records
and public statutes ana treaties. and
matter a. 20 which such pubic acts put
,rem upon inquiry and notice but was
rotorious and familiar from constant
,g5,ic discussion IN the newspapers and
.reechcs So that all persons other than
Indians and particularly the defendants,
lr4w the policy Of the United states and
,.e dutv and treaty Obligations OF the
United State, forbade the procuring Of
t,edS and like instruments IN violation
q such restrictions
Il Had senator owen succeeded in de-
fatfns the sundry civil bill at the sos-
sou lust closed. the Department Of JUS
pcc would have been without funds to
prosecute these suits i'm which he is the
o.ttYGaut \ Republican Attorney Cen
eel would then have been compelled to
appoal 10 a Democratic House 10 provide
Inc funds FOR the continuation Of the
suits fc Tho protection of the Indians
and az inst the Vould-be leader Of the
"rrocrc -ivc" Democrats in The Senate.
That made ii desperate situation for
Serat-' owen. \ large part Of his fort
irl is tied mo i'm these lands conveyed
o. ntm bv Indians. many of them blanket
indians. who knew nothing of the status
- the.r heritage. and many of whom
vsIe obliged to sign the deeds and cou-
,.,arcos with their marks.
senator owen said he was determined
ro d.l,at the sundry civil bill because the
senate would not approve the Arizona
constitution with it, provision for recall
or Judges Perhaps Senator owen told
rr, truth. but he has no right 10 bc sur
r,ised that Senators should wonder and
should smile significantly when they dis
cover that the hill Mr.. owen was seek
h2 90 defeat "in the interest Of Ari-
s,ua' Was cC lar greater moment. Of
cr-at financial interest. 10 Mr.. owen
himself.
Millions OF Acres Involved.
II was Charles j. Bonaparto Presi-
hroueht suit against Senator owen. ct
el 20 uIllfv their alleged titles TO
rho land, of the misguided Indians.
Senator owen was not the only defen-
dsrt There were thirty thousand con-
ytances. involving millions of acres. In
tn case Of tho United states agsinst
James Allen. - al for instance. there
arc cited only thirtv-njne deeds % land
t. Robert J.. oven: hut that is only one
~ the cases in which suit VAS brought.
Nr owen appeared a s attorney for him.
sef and Tho others made party TO the
sIt. and sought - have II set aside He
entered demurrer in which he con-
tended. among other things, and laid
egpec'al emphasis on tho contention. that
the Indians of tho FIVE civilized tribes
ve-e no longer wards OF tho nation, and
tnst. therefore. the United states had
~ right n attempt 10 defend and pro-
teot them or 70 recover their lands for
n nm ana that moreover. as they we're
rot wards of the nation. the United
states courts had no jurisdiction. but
that such Jurisdiction was vested in the
state courts Of Oklahoma This de-
rurrer vas sustained by tho court. and.
) would appear. enormously; for the
Circuit court of Appeals reversed the
lower court and ordered il to try the
caso on the contentious Of the Attorney
elected 20 tho Senate. obtained tho pas
sage NJ Jaw providing that, instead OK
retral nv the Circuit Court, the case
should he sent direct 10 the Supreme
Court Of the United States. To that no
Objection was made by the Attorney
General rs il served 10 expedite the cases,
t1t tho Attorney General did ask Con-
gross for funds with which to prosecute
the cases, and Senator owen defeated the
provision put in by the House and was
himself defeated in his efforts 10 tic the
hands ot the Attorney General only by
ih' manly stand OF the House conferrccs.
Ana 50 tho appropriation was made a
year ago. although not until Senator
owen rad been brought before the con-
i'rrt's and had made an eloquent plea
Which mo conferrcos on the part of the
House rejected.
Senator Ovens Filibuster
AND this year it was again necessary
hst tho appropriation should be made
and again Nh owen made his fight
against 30. IN open Senate. on March "
every one viii remember with what
haste thc Senate was compelled 10 act
j-St then less than twenty-iour hours
'e'orc Congress expired by limitation
senator owen moved 10 strike out the
PROVISION which. as has been said pro
Noed the funds for continuing the htl-
'auon uy which the government hoped
" recover ior the unfortunate Indians