Indian chieftain. [volume], October 31, 1901, Image 1

About Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902

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VINITA, INDIAN TERRITORY, THURSDAY, OCTOBER 31, 1901.
VOL. XX. NO. 10
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ATURDAY. NOV. 9
AT BADGETT'S.
D
ATURDAY, NOV. 9
On Saturday, November 9th, 1901,. we will begin the greatest sale of good merchandise ever held in Vinita.
It's
a big
slaughter
sale
It's a cash sale. It's a clearing up sale of all the short lengths,
odds and ends and remnants
i
in the various departments "of.our big store, but in order to make it interesting for the trade and warm for our competitors we will add a great many articles from
our regular stock. We mean to make this sale of such absorbing interest to consumers that they will travel many miles to get the benefit of the low prices
which we will make during this sale. Every department of our big store will be well represented in this sale. Don't fail io see the big bargains we will
offer in Dry Goods, Dress Goods, Millinery, Cloaks and Suits for ladies and children, Notions, Underwear, Hosiery, Clothing, Hats, Shirts, Overalls,
Boot, Shoes and underwear for men and boys. We will also have a general shake up in our grocery department and for a week and a day
we will sell all the groceries sold in Vinita. Remember the dates Saturday, Nov. 9th, to Saturday, Nov. 16th, a & & & .
ADGETT
MERCANTILE
Watch Next Week's Papers for Prices.
COMPANY
The Good Goods Store
A fltMUR"fflIHM
STRIKES HOWIE.
Courts Decision Causes Con
sternation in The Freed
men Camp.
WILL OPEN COURTS
To Hearing of Freeilmen Cnaea
nnd Allow Attorneys for Cher
okee Nation to Disclose
The Ring of niack
Puijurers.
The decision ofJudgo Gill, hand
ed down at Muskogeo Saturday, in
which he asserts jurisdiction over
the Dawes Commission, 1b accept
ed by those conversant with the
modus operandi employed by the
fraudulent freedmen claimants aB
the entering wedgo that will ulti
mately result in the eradication of
every perjury bought namo from
the rolls, It will opon the courts
to the Cherokco nation, for the
hearing of tho claims, and will cast
(lie shadow of tho penitentiary
closo to tho witnoss stand.
That this is fully recognized by
(ho freedmen themselves, is evi
denced by the consternation that
rtigna amongst them since the rul
ing of tiie court becamo known,
Tho full text- of tho important
opinion is aB follows:
"Tliis action is brought for the
purpose of restraining the Dawes
commission and its members from
receiving considering and making
a record of applications of certain
persons claiming to bo untitled to
enrollment aa Chorokeo Freedmen,
and alleging that said commission
is proceeding in iolation ol law to
receive, consider and make a record
of tho applications of porsons nut
contomplattd by the decreo of tho
court ol claims, known ua the
"WhUrolro. Decree," made and
cnterud by the court of claims on
tho 3rd day of February, 1800,
Tho plaintiffs allego that as to
cortaiu persons named (heroin that
buoU persons are not citizens of tho
Chorokeo nation nor entitled lo be
enrolled ao such, nor entitled jtn
share in any woy in tho allotment
of tho lands of tho Chorokeo na
tion, and that suoh commission,
contrary lo said decroo, and con
trary to law, and without being
govorned by tho roll kpown 88 tho
"WhIIbco Roll of 1880," were pass
upon the applications of persons
in no wiso contemplated by said
decreo or appearing upon said roll
originally, or as descendants of
persons upon said' roll and that
said commission were proceeding
to receive, consider and makv a
record of applications, being inter
married citizens of CherokeeFreed
men who were never in any way,
by law or otherwise, recognized as
Cherokee Freedmen or citizens.
That the said commission is with
out jurisdiction and authority to
hear and determine such applica
tions, and that such .actions on the
part of said commission were, and
are, wholly without warrant of
law, and that such commission
without warrant of law and with
out jurisdiction or authority, pro
pose to continue to receive, con
sider and make a record of appli
cations of persons not on said roll
of 1880, and persona intermarried
with Cherokee Freedmen, and
that great and irreparable injury
will thereby result lo the com
plainant, and to all members of
tuo Cherokee tribo or Indians in
this; that such unauthorized per
sona would be permitted to share
equally with the citizens of the
said nation, in the allotment of the
lands of said nation and in the dis
tribution of themoneys and othor
property of said nation, and that
the orators are wholly without
remedy at law, and that a great
wrong and irreparable injury will
result to tho orators and to all
members of the Cherokee tiibe nf
Indians in the diminution of the
proepeotivo Allotments of land, and
of tho respective eharos of the
money and other property of such
tribe of Indians, and praying that
an injunction bo granted restrain
ing and enjoining said commis
sion In the matter of hearing and
determining applications mado by
persona except in Btriol compli
ance wtlli the eatit decree of tho
Court of Claims of the United
StaleB, and for a provisional in
junction restraining and enjoining
such acts of said commission, and
othor and further relief, and pray
ing further that tl)o names of free
colored persons not entitled tp cit
izenship in tho Cherokee nation,
which have been enrolled by re
apondenta aa suoh citizens, be
attlcken from the rolls tf citizen
ship of said nation.
To this complaint the respond
enlu have appeared and first move
to Btrlko tho Chefokoe nation as a
parly plaintiff, and euch motion ia
by the court allowed and sustained,
and the Cherokee nation is order
ed Blrlcken from this action aa an
original parly plaintiff, to which
action of the court said nation and
tho plaintiffs except.
And thereupon the defendant's
filed their motion to require the
plaintiffs to separately number and
alato the cause of aotiona in said
complaint, which motion of the
defendants is disallowed and re
fused and overruled, to which ac
tlon of the court tho defendants
except
And
thereupon coraeB on to be
heard the demurrer of defendants
on the ground that there ia a de
fect nf parties defondant in the ac
tion, and in that, to wit, tho said
defendants are not the real parlies
in interobt, and that said real par
lies in interest are tho Cherokee
Freedmen referred to in said com
plaint, which demurror is over
ruled by the court for tho reason
that these individuals claiming
righta of citizenship in tho Cbero
keo nation have Bpeclal interests
likely to be interfered with in this
action, and desire lo intervene and
appoar specially to protect their
supposed rights, that they should
make application lo tho court
therefor, it appearing from the
complaint that they are a very
numerous body, and the complaint
in no wise directly attacks their
interests; and it ia unnecessary
for the purpose of this action lo
determine their rights, as the de
termination of such mailer is by
statute vosted in tho Secretary of
the Interior. To which ruling of
tho court the defendants excepted.
And said cause "being, at the
same, time, submitted to said court
and further and different demurrer
lo the complaint upon the part of
the defendants, is argued by coun
sel and considered by tho court,
being of the opinion that the plain
tiffs, as citizens of the tribo, have
such special and personal interest
in the subject matter of the action
aa to have full legul capacity to sue
and restrain illegal actions on the
part ol said Dawes Commission.
The aoosnd ground of deaurror
ia that this court has no jurisdic
tion of the subjectmatlor set forth
in said complaint.. The allega-
lions of the complaint show that
the Dawea Commission is charged
in bo a statutory body having oer
tain statutory duties imposed upon
it, and further (lieges that said
Commission lu violation is pro
ceeding to do certain things wbioh
offeot each individual member of
the Chorokee nation by lessening
the interest of each individual
member of the nation in the prop-1
erly of the nation, real and per
sonal. It is certainly true Ibat
this court ia without jurisdiction lo
enjoin any of the executive de
partments of the United States
where said departmenla haive re
posed in them certain duties lo
perform, and except where the
said Dawes Commission, or the
persons composing it, aro acting
in direct violation of the statutory
duties, and transcending tho pow
ers conferred upon it and them'by
Btatute, this court would have no
jurisdiction whatever to Interfere
with the act or acta of bucIi com
mission or its members. Dut, if
the members of said Commission
aro proceeding in violation of law
and the statutory duties imposed,
and in (be manner alleged in the
complaint, or without authority of
law and contrary to law, lo "re
ceive consider' and make record
of applications of persona for en
rollment aB members of any tribe
in tho Indian territory who have
not been recognized citizens there
of, and duly and lawfully enrolled
or admitted as such," then such
act or acta are so diametrically in
opposition to the act of May 31st,
1000, that this court has joriedlc
tlon to restrain said commission
and its membere from euch viola
tion of law; and tho allegations of
tho complaint elate in unvarnish
ed termB that said commission is
now proceeding to make a roll of
the citizens of the Cherokee nation
for tho purpose ol ascertaining who
are entitled lo share in the allot
ment of the lands of Bald nation
and that in proceeding lo make
such roll, they are receiving, con
sidering and making a record of
intermarried freedmen and othej
pereons who do not appoar upon
auy roll of citizens of said nation,
or upon tho authenticated roll of
1880, or In compliance with tho
decreo of tho court of claims, and
the act of May 31, 1000.
That on the 31st day of May,
1000, congress passed an act mak
ing an appropriation for the Indian
department, which contained the
following ciaus'e:
"That said commission shall
continue lo exercUe all authority
heretofore conferred upon it by
law, But it shall not receive, con
aider or mako any record of any
application ot any person for en
rollment as a member of any tribe
in the Indian Territory who lias
not been a recognized citizen there
of, and duly and lawfully enrolled
or admitted as suoh, andiia refusal
of such application shall be dual
when approved by the secretary of
tho interior."
It seems from a study of tho
foregoing statute that the Dawes
Commission and its members, can
only make a record of such citi
zens of the Cherokee nation and
euch Cherokee freedmen aB have
been at'somo time on ono of the
rolls of tho Cherokee nation, dp
proved by the Secretary of the In
terior, togetbor with their descend
ants, or euch as are recognized cit
izens, and if an applicant does not
appear upon Borne such roll which
is the matter to be considered and
determined by said commission,
then euch applicant is to be refus
ed place Upon said record, and the
refusal becomes final by the action
of tho Secretary of the Interior. '
Tho demurrer of the defendants
'or the purposes of this decision,
udmits the allegations charged in
the complaint. Whether theso al
legations be truo or not, the court
is unable to say, but.it they be true
then said oommUaion is proceed
ing to HCt in plain violation of law,
and said complaint states facta
sufficient lo constitute a cause of
action, and this court has juris
diction lo restrain the alleged ille
gal acta of Baid Dawea Commission
and its members and to require it
and them to come in and make
answer, and show to the court tho
truth. as to whether or not they are
proceeding in accordance with the
prescriptions of the law. The
court ia of opinion that Baid do
murrer of the detendants should
bs overruled and that a temporary
restraining order should issue to
said Dawes Commission and He
membors restraining 11 and them
from proceeding otherwise than as
the law.-directs, in the reception,
consideration and making a record
of tho applications of persona for
enrollment of tho Cherokee tribo
of Indiana who have not been re
cognized as citizens of Bald nation,
and duly and lawfully enrolled or
admitted as such. To which rul
ing of tho court the defendants ex
cepted. And said cause on said day com
ing on for hearing on the petition
of tho Cherokee nation to be made
a parly herein, and tbe court be
ing of the opinion that the inter
eeta and righta of the Chorokeo
nation itsell are involved in the
final determination ot this section,
does order and require that the
said nation shall mterve.no aa a
parly in this action, and (hat sum
mons issue against aaid nation aa
required hy law to that end. To
which ruling and order of the
; court the defendants except.
SUIT IS FILED.
Cherokee Attorney's Begin
Injunction Proceedings
Against Hitchcock.
COURT HAS ORDERED
The Secretory to Show Cause By
October 31st, Why The Injunc
tion Should Not be Grant
ed, and The Big Bat
lie Is On.
STUDYING STATEHOOD.
Frank C. Churchill Collecting Data
For Guidance of Interior
Department.
I
Proceedings in Equity were in
stituted by tho attorneys of the
Cherokee nation in Washington
yesterday to. enjoin Seoretary
Uitch'cock and other oflicinlo of
the Interior Department from
granting leases of the national
lands for mining purposes to the
Cherokee Oil and Gas company.
The action waB brought in the
names of Chief BuQington,
Labay, J. R. Molntosh and
0. Meigs, as the representatives of
tbe Cherokee nation.
Tho petition citeB the applies
tion of tho company for a renewal
of lease on valuable oil lands in
the nation, and alleges that the
granting of tho same would be in
utter disregard of the treaties and
patent of tho United States guaran
teeing the Cherokee" 7,000,000
acres and tho right ot exclusive
occupancy.
It asks that Secretary Hitch
cock and all other government
representatives concerned be re
stricted by injunction from pro
ceeding further in the matter of
granting any applications what
ever, or any part of them for min-
fjR leases, and commanding them
to refrain especially from granting
the application of the Cherokee
Oil and QdB company, wbioh tho
Cherokeea say calls for a lease of
fifteen years. It Bays that these
leasee would ciuse a multiplicity
of suits and ould cloud the tillo
of Cherokeea to thtir lands. Ten),
porary Injunction is asked pending
tho hearing of the charge and a
perpetual injunction.
The court issued an order for
Secretary Hitchcock to show cause
by Oot. 31, why the Injunction
should not be granted.
Under directions from the Inte
rior Department, Special Agent
Frank 0. Churchill ia in Oklahoma
gathering information on the ad
visability of a union of the twin
territories in single Btatebood,
which will bo embodied in a re
port to be submitted in the near
fulure lo Secretary Hitchcock.
Hia immediato work is to devise
a plan for the organization of tho
Indian territory into counties of
the proposed stato.
In conference with Delegato
Dennis T. Flynu, of Oklahoma,
the latter expressed hiB endorse
ment of the scheme, provided tho
county Beats were located on the
railroads.
Mr. Churchill will render his
report in time for tho department
to act on it before tho convening of r ,, "u, """" ' gurc?
., b everything except broken hearts and
u""6'"" J softening at the brain. 5 and 60 cts.
,, T
111 IUBI
."Mrs. Balentiiie....
wishes to call your attention to the nice fresh
Groceries and Vegetables
which she has in stock canned goods, dried fruits, spices of all kinds,
beet apple vinegar. Also call your attention to the nice Christinas
presents I have displayed in my window. It Will be an easy way to
secure your holiday presents and get your groceries at the same time.
I WILL APPRECIATE! YOUR PATRONAGE.
STRUCK BY LIGHTNING,
Residence of A. R. Breker Pene
trated by a Holt Tills Morning.
During the electrical storm Sat
day a bolt of lightning struck
the chimney of the residence of A.
R. Breker, in the cast aldo of town,
and scattering the bricks, look its
sizzling course downward through
the house.
Thero were present in tho house,
Miss Pauline Carseloweyiud Mr.
Broker's children, all of whom
were atnnriedTjylhatoriiflo shock,
bat escarfeU'B'erlous Injury.
Tho house was only slightly
damaged and besides the disman
tied chimney and u narrow, chart
ed etrlp on the wood-work, follow
ed by tho bolt, no damage was
dono. A strong ordor of sulphur
was noticeable for several hours
and waa a moat unpleasant re
minder of the unwolcome visita
tion. We tell no secrets. It's an open
secret that Hunt's lightning oil cures
TUretstrsy liozimtrlcodwltUiwitUowiorlc
In ecb cr. wclntil aout impounds, rue
uIds at N H MoUrry' place w o town.
0OM3 BEE LIB.
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First National Bank,
VINITA, IINDIANJTURIUTORY.
CAPITAL, t too, coo.
SURPLUS, fro.ooo.
Oldest and Strongest National Bank in the Cherokee Nation.
DIRECTORS. o
OUfRR BAGBY, B.P.FORIltER. B. R. FRAYSBR. A.L.CMCMLL, If.U,
KORWGA 1. If. A. GRAHAM. . 0. HALL, G. If. CLARA', If, X. ItALSELL.
m uoosasare uonarni uanKioK uuaineae.
Q WVO'tvfbSU',tW'tJfefe'tI
fflou will finb them at
IRose's 3Booh Store!
All grades o ttnlbwtn's and flOcGuffro'S
school books and supplies. Old boolcs
bought and exchanged for new ones.
The best school tablet sold in Vinita, 350
pages, for 5 cents.
3MoTri fttiN A"trllnt
Katwonti Wilttlna:
6 IRose,
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L-ra-raufi ooiiiftirdvJ
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