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Ardmore, Monday, January 29, 1906.
TVVO THE DAP Y ARDMOREITE. ARDMORE BAR ASSOCIATION COMMITTEE MAKE REPORT ON RESTRICTION REMOVAL. Whleh It Unanlmouly Adopted by the Ardmore Bar Aitoclatlon and Has Hearty Endoriement of the City Commercial Club. To the Ardmoro Bar Association of Ardmoro, Indian Territory: Wc, your commlttco, heretofore ap pointed to suggost proper amondmonts to H. It. No. G976, which passed the IJouso f Representatives January 38th, 1906. and Is now pending In the Senate of the United Stntos, together with reason thcrofor, bog to submit tho following ropott: All restrictions on tho alienation of lands other than homosteads of the members of tho Five Civilized Tribes, either by blood or marriage, should bo removed for th following reasons, viz: First. IJecauso tho Indians thorn selves doslro that this Hhould bo done, their councils having passed roHolu Hons requesting same, and because It Is to tholr Interest and bonflclal to them. Formerly any member by blood or marriage of ono of these tribes could use and control :is much land ns ho or his tenants, wcro ablo to reduce to possession. This condition existed for n number of years. Ijirgo farms were put In cultivation, permanent nnd aubstiintlal Improvements mado thereon by whlto men under contract with Indian landlords. Tho Indian landlords would contract with white men, giving ill uso of tho land for a term of years In consideration of tho Improvement ii'mIo upon It, In cluding tillage by a whlto tonnnt. In this way largo and vnluablo holdings wcro acquired, prlclpally by Intormnr rled cltlzonn and mixed breeds. Tho Act of Congross approved .luno 28th, 1898, commonly known ns tho Curtis bill, contained tho following provi sions: "Sec. I. That all porsons who have heretofore made linprovomcntH on tho lands bolonglng to any one of tho snld tribes of Indians, claiming rights of citizenship, whose claims havo been decided adversely undor tho Act of Congross approved Juno tenth, olgli teen hundred nnd nlnoty-slx, shall havo possession thereof until nnd In eluding Docombor thirty-first, clgh tcon hundred and nlnoty-'olght; nnd mny, prior to that time, soil or dis pose of the same to any niomber of tho trlbo owning tho land who de sires to taUo Ihe sumo In his allot ment," "Sec. 17. Thnt It shall bo unlawful for any citizen of nny ono of snld tribes to encloso or In nny manner, by himself or through anollior, di rectly or Indirectly, to hold possession of any greater amount of said lands or other property belonging to any such nation or trlbo than thnt which would bo his approximate shnro of the lands belonging to such nation or tribe nnd thnt of his wife nnd minor children as por allotment herein pro vided thnt any person found In pos session of such lands or other proper ty In excess of his shnro and that of his family, as aforesaid, or having the samo In nny mnnncr enclosed, ar tho expiration of nlno months, after tho nasflaco of this Act. shall bo doemed guilty of a misdemeanor. ' 30 U. S. Stat. U 495. On account of these statutes per sons known ns "excess holders" and porsons whose citizenship was donlcd bad tho prlirii3 of solll-is their Mr, provemonts upon tribal lands. Thous nnds of Indians wore without Inv proved lands to take In allotment and nlso without mews to purchaso sam Tho rosult was that this class of In dlans contracted with whlto men to buy tho Improvements upon tht lands for them to take In allotment nnu to rolmbuiso tho party advancing tho purchase money for thorn by leasing tho lands for a term of flvo years at n given price, and crodltlng the vnluo of tho Improvements purchased there on. Under the law as It now Is nllot tees msv sell their lands, In excess of homesteads, one-fourth In ono yoar, one-fourth In three yenrs and tho re mainder In five years from dato of pat cnt. If thoy were permitted to sell their ontlro surplus allotment ntonco they could obtnln a bettor prlco and would thus be enabled to obtnln cancellation of the loaso upon tholr homesteads and Improve tho same. Also an entire surplus allotment, If it could bo sold in ono body, would Iw sufficient to attract a z-xxl class of farmers who would purchaso tho samo for homes for themselves am families and would becomo bona fldo residents and would go upon and cul tivate tho same. Tlio lands would thus bo occupied by n doslrnblo and thrifty class of citizens, tho land values would Increase, nnd tho remainder of tho Indian allotment, or his home stead, would In short tlmo bo worth as ln.tch as his entire allotment now Is. Second. The lands thus timde alien able would becotns taxable nnd would Increase the taxable raltroa of Uie new r-tnte. Tills. In rh-w of the fact that aft the lands In the Indian Territory bo Ion? to the Indians and only such as Is made alienable will be subject to taxation, Is an Important Item. Third. Tho leasing system Is not boneflclal to the landlord. The Inter est of the tenant Is to get what ho can out of tho land during his term. Ho does not build up tho land, but Impoverishes, and the sooner those Indians occupy their homesteads and cultivate thorn themselves tho bet ter It will be for them. Fourth. It those surpluses are sold piecemeal they must necessarily pass through tho hands of tho speculator boforo they roach the real farmer for tho reason thnt onc-fourfli of a sur plus allotmont Is not sufficient to at tract a respectable farmer and no one but a speculator oxpcctlng to buy the remalndor when It could bo sold would purchaso same. Thoro Is no ec0s9Ry fo. pxceptl.is minors In tho provisions removing restraints upon tho nllonnllon for the following reasons, viz: First. Their minority Is a sufficient protection. They cannot sell or convey tttlo though there wcro no restraints any mora than a whlto minor can do so. Second. Section 31 of the Act of Congress of May 2nd, 1890, 20 U. S. 8tnt. U Pago 81, adopted, extended over nnd put In forco In tho Indian Territory, Cliapter 75 of Mansfield's Digest of the Statuto of Arkansas, ro tating to guardians, curators and wards and gavo tho United States court In tho Indian Territory probate jurisdiction nnd full power to enforce iho snme. Afterward these provisions woro oxtended nnd mado to Include and apply to Indian minors nnd their estates. Section 1 of tho Indlnn Appropria tion Act, of June 7th, 1897, rends In part ns follows: Provided further that on or after January 1st, 1898, the United States Courts In Hntd Territory shall havo original and exclnslvo Jurisdiction nnd authority to try and detormlno all civil cnes In law and equity there after Instituted and nil crlmlnnl causes for the punishment of nny of- fonsos committed nfter January 1st, 189S, by any person In snld Torrltory, and the laws of tho United States and tho State of Arkansas In forco In tho Indlnn Torritory shnll npply to nil porsons thoroln, Irrespect ive of race, said courts exorcising Ju rlsdlctlon thereof ns now conferred upon them In the trial of like causes. 30 Stat. I C2. This Act unquestionably took from tho courts of tho different Indlnn na tions In tho Indian Territory juris diction of all casos civil and crlmlnnl nnd conferred uimn the United States Courts In said Territory full, oxclu slve anil original Jurisdiction of nil casos arising within the territory, and as, under the Act of May 2nd. 1890 Section 31, the Indian courts hnd tho solo and exclusive, jurisdiction to or der tho sale of Improvements on In dlan lands owned by Indians by blood and ns this Jurisdiction, by this act wns transferred to tho United Slntes Courts. It follows that theso courts now havo Jurisdiction, Crowell vs. Young (Indlnn Territo ry Court of Appeals) fi9 S. V. Report er, 829. Section 2 or Act or Con whs ap proved May 28th, 1901, reads as lol lows: "All tho laws or Arkansas hereto foro put In forco In tho Indlnn Torrl tory nro horoby continued nnd extend ed In their operation so as to embrace all persons and estates In said terri tory, whether Indian. Freednion or otherwise, and full and complete Ju risdiction Is hereby conferred upon tho District Courts In wild Torritory in the settlement of all estates of decedents, the guardians of minors and Incompetents, whether Indiana, Froedmon, or othorwlso." Thus It will bo scon that by repeal ed Acts of Congross the protecting arm of tho United States Court Is thrown nround Indian minors nnd their estates, and It certainly is sufficient protection. Third. Tho said Statutos of Arkan sas so put In forco nnd mado to ap ply to Indian minors nnd tholr estates contnln provisions nuthorlzlng the court, when It Is shown to tho satis faction of tho court that It Is to tho Interest of tho minor, that his land or a portion thereof should bo sold nnd reinvested to order tho samo done. It certnlnly cannot bo presumed that the Judges of theso courts would abnso this discretion. Thoy nro men of Integrity nnd ability, nnd In tho lat ter far excel tftio nvmtgw probato Judgos In the states. To deprlvo tho coiirts of this power might In many Instnnccs proYo' n hardship and In justice to tho Indlnn ward rather than a benefit. The Jurisdiction of tho .gtuirdlnn- ship nr ruratoishlp of she ostatos of minors should be definitely fix d In the United States Court in tin H cording District where tho estates of said minor, or the' principal parr thereof Is located. Many minor allottees reside in 'ho mountainous portions of tho terri tory, and their nllotments have been taken In the agricultural district at remote distances from th6 residence of such minors or their parents, such distances averaging from' probably sixty or seventy-five miles to three hundred miles. The object sought nnd obtained In taking allotments was to ncqulro good agricultural lands, and said Jurisdiction should be vested In tho court where the lands are located for the following tensons, viz: First Because the guardianship or curatorshlo would therebv bo render ed loss exponslvo to the estate. Second. Because tho guardian of tho estate of a minor, whoro such es tate consists of lands, should reside nonr the lands where he could glvo It his Immediate supw vision nnd con trol. Third. Because In this way tho greatest revenue could bo derived for tho ostntc Inasmuch ns tho guardian or curator would be familiar with con ditions and with the rcntnl nnd real estate values and with the treople nnd could th 010 foro iont the land to a better advantage. Fourth. Because both th estate and the guardian should be ns nearly as possible under the Immediate su pervision of the court, and the court whoro tho land Is located would be fa miliar with conditions, with real and rental value? and would be In the best posslblo position to pass upon con tracts mnde by tho guardian or cura tor for tho estate of his ward. Section 20 of said bill should bo stricken out entirely. Those Indians have always been permitted to rent cr leaso their hold ings and froi t'.i time allotment be gan In the Indlnn Territory, the only restrictions placed upon leases wns that thoy should bo In writing, for a term not exceeding flvo years, and fn a rair consideration. Undor thjs lnw thousands of Indians havo been onabled to ncqulro vnluablo Improve ments upon land? which thoy have filed upon and taken In allotment and paid for samo In the use of said lands for the term agreed upon, In no lustnuco oxceedlng five years. Thoy have mado good trades and have boon greatly benefited. Tho Appropriation UIII approved Mnreh 3rd. 1905, (Public No. 212) on pages 14 nnd 15 roads In part as fol lows: "It shall be the dutv of tho Secre tary of tho Intorlor to invostlguto, o? causo to be investigated, any lease of allotted land in tho Indlnn Terr tory. which ho has reason to beliovo has been obtained by fraud or In vi olation of the terms or existing agree ments with any or the Five Civilized Tribes, and ho shall In any such' case where In his opinion tho evidence warrants H. .'or the matter to thi nttorney general ror suit In U10 proper United States court to cancel the same, anil In all cases where It may appear to the court that any lease whs obtained by fraud or In violation of such ngrccnients, judgments shall be rendered rnnceUlne tho samo upon such tcuns and conditions as equity may proscribe, and It shall be allowa ble In cases whoro all parties In in terest consent thereto to modify any -lease and to continuo the samo as modified; Provided, No lease made by any administrator, executor, guardian or curator, which has been Investi gated by and has received tho appro val or tho United States Court having Jurisdiction of tho proceeding shall bo subject to suit or proceeding by tho Secretary of tho Interior or Attorney (ieneral; Provided further No lease made by any administrator, oxoeu tor, guardian or curator, shall bo vnl Id or enforclble without tho approval or the court having Jurisdiction, .or the proceeding." This act puts It In the hnnds or the Secretary or the Interior to protect the full blood allottees In the matter or their leases from nny over roach lug by tho whites. Notwithstanding this has boon the law for nearly a year, no suit, so far as we know, hns over bo-'ii brought under P. by or under Pis t'irectlou o the Sec retary of tho Interior. Under It ono or two suits have been brought by In dlan nllotteos, and In each lustnncc nn accounting In equity has shown thnt ho Indian allottees has lirp well paid. To take a step backward now and take from those full blood allottees tho rights nnd privileges they havo horetoforo enjoyed to make their own rental contracts would bo n great Injury to them becnuso It would dlBCOuraeo them, havo n teu- doncy to dostroy tholr self-confidence. whereas with responsibilities nnd lib crtlcs como strength and activity both mental and physical, and, Instend of further restrictions Indng throw:, around them, tho policy heretofore pursued of gradually removing" re strictions should bo' adhered to. Section 22. of said bill requires all AT OPERA HOUSE, ARDMORE, I. T. Thursday and Sat. Nights, Feb. I and Matinee Saturday 5 By W. A. Milne, author of 250--Yot:rg Ladies and Children in the Cast-250 All in grotesque and beautiful costuming, representing Pixies, Goblins, Brownies, Monkeys. Insects, Pickaninnies, Fairies, Butterflies, Flower Girls, Amazon Guards,Japauese Maidens For ihe Benefit of ihe Ardmore Gity Public Schools "We have never witnessed n performance, either ama teur or professional, that excelled "The Pixies" In either le nity or Innocent fun. It Im slm;ly a icrand success " Uel vldere, III., Northwestern. It In Impossible to believe thnt sur-h artistic work can bo lnno by jouDtr amateur. Mr, Milne ban no equal anil the re tultnaro marvcloux. Ho who mlenes feelnc "Ihe I'Ulen" will havo much to rosret."- Kreeport, III.. Heirlater. TWO HOURS Seats can be reserved at Red Cross Drug Store Beginning Tuesday morning, January iJOth, Evening Prices, lower Uoor 50c, balcony 3'ic. MnUnce Prices, children 25c, adults C5c conveyances of Inherited lands mado by lielrB who are full bloods or mi nors to be subject to tho approval of tho Secretary of tho Interior. With reference to such sales by heirs who are minors as herelnbeforo stated, tho protection of tho court is sufllclent, and there can certainly bo no reason for making the nctlon of tho court subject to the approval of tho Secretary of the Interior. To require such conveyances made by odalt heirs who are full bloods to bo approv ed by tho Secretary of the Interior Is another stop backward and Is detrt mental to the Interest of tho Indians whom It would protect, as Is the abovo requirement that their leases should bo approved by the Secretary of tho Interior. To reuulro thn sal of InhetU cd lands by full bloods nnd leases mado by them to bo approved by tho Secretary of tho Interior would ren der tho salo of such Inherited lands and tho leasing of tholr allotments so burdensome that many of them would disregard tho provision of law and would take tho chances of leaning tholr lands to parties who would be willing to contract with them without tho approval of tho Secretary of tho Intorlor, and In this way In many In stnneos they would rent to Irresponsi ble pai !-. and In no Instance tinder such prohibited contracts would they probably obtnln thrf full vajtio of tholr property. We, thn foro, submit that tald bill should he amended nnd suggost that Section 19 should rend as follows, to wit: ' "Section 19: That all restrictions upon tho alienation or oncumbranco of lands selected In nllotmont by cit izens ! mombors of olther of tho Flvo Civilized Tribes of Indians In Indian Territory, or to whom a pat ! t has be-i : uiod, except as tc homesteads, aro hereby removed." That Section 20 should bo strick en out entirely. That Section 22 should read as fol lows ,to-wlt: "Section 22. Thnt tho adult heirs of any deceased citizen or member of either of tho Flvo Civilized Tribes whoso selection, has been made, or to whom a deed or rafent has been Is sued for hfs or her sharo of tho land of Iho trlbo to which ho or sho bo longs or belonged, may sell and con jy tho lands Inherited from said de cedent; and' thnt tho lands of minors may bo sold by tho curator or guar dlan of theTr cstntes appointed by tlib United States Court In tho dfstrlct at 2:30 p. m., the Beautiful THE PIXIES 'Aladdin' Etc., Given by Home "It Is In our opinion the most beautiful nnd lauirhahlo en ertalnment ever devised for amateurs." Minneapolis Dally Journal' "Nuthlns ever irlven here has awakened such enthuslams as "The IMxIes," Tho music Is spnrkllne and tho stranse ad ventures of the wlerd little sprites kept two packed houses In roars of lauchter."- Hock Island, III., Argus- OF Fim FROLIC In which tho lands of said minor or the greater purt thereof are situated upon the adjudication by such court thnt a sale will, In the Judgment of I tho court, bo benellclnl to such minor, nnd all such sales shall ho made at tho prlco and upon such terms as tho court may order. In caso of tho or ganization of a state or territory, then tho same jurisdiction hereby conferr ed upon the United States Court shall bo vested In the proper court of the county in which tho lands, or the grcator part thereof, of any minor may bo situated." j All of which Is respectfully sub-1 mltted. II. S. DOLMAN, ; C. HI LEY, .1. S. MULLEN, I W. A. LEDBETTEK, i A. EDDLEMAN, ! Committee. Tho above report was unanimously adopted by the Ardmoro Bar Associ ation, January 2Cth, 190C. A. EDDLEMAN. President. W. It. BLEAKMORB, Secrotnry. The foregoing resolution of tho Ard moro Commercial Club has tho hear ty endorsement Of tho Ardmoro Com mercial Club. LEE CIIUCE, President. II. I SANDBitS, Secrotnry. Croup Is quickly relieved, and whooping cough will not "run Its courso" If you uso tho original Bco'a Laxatlvo Honey and Tar. This cough syrup Is different from all others be cause It acts on the bowels. You cau not euro croup and whooping cough until you rid tho systom of all conges tion, by working off tho cold through a copious action of tuo bowels. Beo Laxative Honey an Tar does this, and cures all coughs, croup, whoopln cough, ets. No oplatea. Sold by City Drug Store. Aunt Fanny What Is your favorlto vegetable, Wllllo? Willie Ico cream. Backache ts never known to those persons who take an occassional doB of PIneules. Tho valuo of tho rosin obtained from tho pine tree has. long beet) recognized In the treatment of diseases of tho bladder and kidneys. One dose of PIneules will give roller, and one bottle will cure. Sold by City Drug Storo. "Somo peoplo-nrrlvq at a conclusion nnd never get away from It. Wo always have a lino of good bug gies lh' stock' and soil, at low prices and liberal terms. , DIVENS, CORHN & FJIENSLEY. Fairy Extravaganza Talent, Rehearsed by Author IN FAIRYLAND The Grip. "Before wc can sympathize with others wo must have suffered our selves." No ono can reallzo tho suffer ing attendant upon an attack of gTlp, unless he hns had somo actual experi ence. Thoro Is probably no dlseaso that causes so much physical and mental agony, or which so successful ly defies medical aid. All danger from grip, however, may bo avoided bytno prompt uso of Chamberlain's Cough Remedy. Among tho tens of thousands who have used this roraody, not ono case has ever boon reported that has resulted in pneumonia or that bar. not recovered. For sale by F. J. Ramsey, W. B. Frame, Ardmoro Drug Co., Bon ner & Bonner. Tho trouble about going to law Is that you ran't always leavo when you want to. A Timely Topic. At this season of coughs and colds It Is well to know that Foley's Honey and Tar Is tho greatest throat and lung romedy. It cures quickly and pre vents serious results from a cold. City Drug Store. Wlin a fellow takes hie gtrl sk&t Ing It Is better to have a falling out thnn a falling In. Found Dead on the Streets." A young man was found dead on tho streets of Raton Rougo, supposed to havo died from a congestlvo cnlll, which could havo been proventod by tho timely uso of Dr. M'endenhall'a Chill and Fever Cure. Sold by City Drug Storo. A writer says: "Nothing Is best nchelved by Indiscretion." Tho work ings of n corkscrew would seem to rofuto this otherwise- plnuslblo theory. Everything you eat will taste goo4 and do good if you take Ring's Dys pepsla Tablets. Sold by City Drug Store. Out- troubles nro always as hard to bear ns our neighbors' good luck Is hnrd to understand. A Jamaican tLady Speaks Highly of Chamberlain's C'lugh rtemedy. Mrs. Michael Ha-t. wife of tho su perintendent of Cart Servlca nt Kings, ton, Jnmalca, West India Islands, says that sho has fir somo years ated Chomberlon's Cough Remti.ly for coughs, croup and whmplng cough and hns found It verv benonjlal. Sho has Implicit confidence In It and would not bo wlthoat n bott'o of It la hor homo. Sold by V J. Rnusey, W. B. Frame, Ardmoro Drug Co. Bonner & Bonner. A diplomatic Woman is ono who Is ablo to keep tho samo hired girl for threo consecutlvo weoks.