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aj -tt't? rr itns tt r ;i a i r" t 1 iili JL JL PRICE 10c WEEK VOL. 2, NO. 160. VIN1TA, IN D. TER., THURSDAY EVEN 1NG. APRIL 5. 1900. BAIL! 1 j I April 'Mu ffin in t ..Postoffice Bookstore THE CLAIMANTS VIEW. Why they Mistrustthe Dawes Commission. Welch, March 31, 1900. Editor Chieftain bir: 1 am in receipt of a letter which attics me why the claimants and the people who are residing in the Indian Territory seem to be opposing the Dawes commission in its efforts to finally settle the questions which have been the source of contention in your country.- And, as the let ter is written apparently in the spirit of fairness, I desire to an. wer the same through the col- mne of your paper, knowing that public discussion of a proposition f this importance can reasonably Jo no harm, and may result in a great deal of good to nur people. I am reasonably well, informed as to the acti of the Dawes com mission, for as a party in interest I hare watched tbem from the day the commission was instituted, not as a critic, but as one who desired to see the Indian Territory all that it should be, both as to the charac ter of its people and the preserva tion of the rights of those who re sided therein. Without exception the claimants ttt tbs neaeibizens iq all the v civilized tribes welcomed the crea tion of the Dawes commission. We believe that congret-s was in tending to provide a remedy for wrongs which existed, and we be lieved that this was the first offi cial recognition of the existence of wrongs which required a legal remedy. The reports of that com mission for the year 1895 have now become historical. They set forth the condition of affairs in the In dian nations, -a condition without parallel in the history of govern ment in this country. No stronger arraignment of any form has ever been written than this document which resulted in the passage by congress of the Curtis act, and the assumption by the United States, irrespective of treaty stipulations, -of the right to provide a means of protection' for all of the people within the territory. ' After the report of the year 1S95 was written the personel of the Dawes commission was changed that is, its active working per sonel. Senator Dawes, against whom nothing can be or ever has ' been alleged, assumed the nom inal chairmanship of the commis sion, lie came to the Indian Ter riiory for a very short time, but if he participated in the active work of the commission I do not know it, and the ordinary claimant for citizenship does not know it. The work of the commission was divided. Mr. Needles looked alter the freemen. Mr. Bigsby attended to the office at Muskogee. This left Mr. McKennon, in charge of practically all the work in tie field, and the field work is where the Dawes commission came in contact with the people with those persons whom it is my be lief it was the intent of congress to provide a remedy for and to a fiord protection from the existing con ditions which rendered them un able to protect either their per sonal er property righto. In the Cherokee nation there were a large number of persons who had no shadow ot a just or equitable claim for consideration. This was admitted by the honest claimants and has never been de nied by them. But this did not, or should not, prejudice the rights of those who were honest and who did have just and equitable claims for consideration. We believed that the Dawes commission was appointed for the purpose of in vestigating the rights of the par ties. We went before them. We submitted for their consideration the proof of Indian blood or resi dence in the territory and asked them to adjudge these people, and under the evidence to protect the estate of inheritance which came to them from their forefathers. Wo are informed, and I believe correctly, that the Dawes commis sion, through its active officer, purchased a rubber stamp with the word "rejected" prepared thereon and that instead of having our claims adjudicated, the only con sideration we received was the use of that stamp upon each and every case which was presented to them, excepting only a few, who had, prior to the creation of that same commission, been admitted to have been, upon the rolls. In other words, the Dawes commission so construed the law that it was not a question, as to whether or not a man was entitled to rights in the Cherokee nation, but 6imply a question of fact whether the per son who applied was, prior to the date of bis application, upon the rolls of that nation. There was no Use for this expensive machinery of government to decide that prop osition. Every man knew whether he was upon the rolls or not, and a 10 per month clerk could have settled that by a mere examina tion. We were misled. It was apparent that the government was. not extending relief to us, and if that is a mistake of the law, and we believe lhat to have been a mistake, we criticize the construc tion which permitted us to go to the great expense of trying a case only to find we had no forum and no court before which a case could be made. We were told that we would have a judicial adjudication, and we never received that. The Dawes commission commenced to receive applications in the Chero kee pation on April 10, IS9Q: Tb? law was raanJalory tbal all appli- cations should be filed within ninety days and all decided within ninety days thereafter. Over 6000 cases, involving the rights of more than 30,000 people, were filed dur ing that time. At the same lime this commission was receiving ap plications for all of the other na tions in the Indian Territory, and there were about 1000 applications in the Creeks, and about oOOO ap plications in the Choctaw and Chickasaw country. When the time came to pass upon tbef-e lim ited !y law to ninety days, the commisioii, ur li.e working force of the commission, left the Terri- c aj bf j: i n fm. -a a -si have become quite a factor in the retail business of Vimta. Ihey are looked forward to and watched for by a host of economical buyers, . who recognize a good thing when they see it and never fail to take advantage of the values offered on these two days. It is sim ply a medium of advertising we give it to you instead of the newspapers Note the Prices Quoted Below. An all wool suit for men, worth $6.50, bargain price.. $3 98 Men's all wool hair line cassi mere pants, worth $2, bar gain price $1 45 Child s light summer suit (,2 3. pieces), worth 75c, bargain price... . ... .... Child's mixed summer suit (2 pieces), worth 1.25, bargain price 48c 90C 20C 23C Men's good jumper, full size, for Men's heavy work shirt, full size, for Men's heavy sox, for. . . 4c Men's heavy elastic suspen- rlprc fnr QC vt. See the dress shoe we offer in black and tan for .$1 50 See the heavy work shoe for 98c & I i W. R. Badgett Mer'le Co 1 -0i The greatest variety of men's suits at $7.50 in Vinita. sew torv for a uortion of These applications involved ques tions of ireneoloBV. questions of residence; and the application of tbe tribal laws. They were com plicated, yet every one was passed upon, and the average time given to the consideration of these nu merous records, if fairly figured, would amount to about ten min utes to every case. From this de cinion, rendered under circum stances which ought to absolve the commission from any blame, if er rors were committed appeals were allowed to the district court. And it has been understood that' the commission has seemed to take an active part in efforts to eustain their own decisions. No more ar dent advocates of the correctness of their conclusions have ever ex isted than the members of that commission, while those same de cisions were rendered without the possibility of the consideration they merited. These cases went to the district court and were re ferred to a special master in chan cery. In the Cherokee nation Mr. DeGreffenreid and Mr. Gibson have stated both publicly and pri vately that some of these records came to them with tLe seals un broken and tliS RdrJ "rejected" written upon the envelope. This; was probably due to the circum stances under which Ihey were de cided, but we have the right to object to this kind of considers don, and particularly to object when the judge attempts to defend this consideration and claims that common justice has been done, and that mietakes have not been in.!e and the parties are not en tiHed to relief. As this tetter does not refer to the district court 1 shall iiot at- leD'pt to say anything of tfce judg ments n.Hilp ilirein. Hal it was rer-'fc!. z 1 by ti e t'ani.ai.t that that time, the Dawes commission, or rather I members of the Dawes commis sion, seem to be prejudiced against the claimants and in favor of the rolls of the Indian nations. This course was certain to be popular. It was catering to a majority, and had we not just cause to say it was not right? We sought the right of appeal upon the questions of fact.' Mr. McKennon immediately went to Washington and by reaspn of his position and bis supposed ac quaintance with conditions, his opposition was the strongest thing we had to overcome in securing the right of appeal. Nor is this all- In the Choctaw and Chickasaw nations the claim ants met with the same opposition from the court, which was spe cially created to pass upon their rights. There were cases in which errors were made. Cases in which by mistake ur ioadi'ertance of counsel an entire family was ad mitted by the court with the son or daughter left off, and where in the Choctaw and Chickaeaw country I am told there are a large number of Mississippi Choctaws who are entitled to enrollment undei the existing law, as that law is construced by the Dawes com mission. Some of them I know. They are living upon their lands, and are good citizens. The Dawei commission in its report for 1899, admits the justice of their claims. That same commission went be fore the senate committee to pro pose the legislation which was needed in the territory, and they not only omitted to provide a rem edy, but they also advocated a bill which would deprive these people of their possessions and turn them out homeless. The commission went further than tli liUorneys for the nations, and when I say th commission I mean the onlj one who was beard to speak upon that proposition. In the same legisla tion pffrred or euggested was a provision protecting the so-called intruders from the loss of their improvements, yet that contained ever those things have been done a clause to the effect that thess the Dawes commission have not claimants should pay at the rate only relused to enroll, but have i of $2 per acre per year for the apparently been the earnest advo cates of the Indian nation as against the claimant. We do not object to their apply. ingthelaw ns they find it, but , why is the price fixed at the ex- land they had enclosed and made a home on. It wau admitted in discussion that this was an exces sive amount, but if that is true when those errors are sought, to be corrected in congress we who are out upon these lands in the In dian Territory are, through the public press; advised of members of the Dawes commission being in treme limit as against the claim ants? Why is every doubt to b resolved against them, rather than against the nation? Judging from these facts, I believe the commis sion is unfriendly to any one but Washington seeking to prevent) the nation, and that is another just and proper legislation upon j reason why we look with suspicion our behalf iuipuning our motives, I upon anything which comes from misrepresenting our conditions, I the commission. It must be re- and performing ju.-t the acts that I membered that this land was lawyers on the other eide should , praised at about 8- per acre be exifccted to perform. lhat lsjassiraws show which wsy whv we have no lai'h in that com- ! 1'b'ws. the ordinary mission an it now exists, j Bl'- and, th farm er in t (Ccmc'inial c, page '-'.)