ITNews04131899

This page was created by Ruth Atteberry Adams, January 31, 2000. The information on this page is for the benefit of those researching family in Atoka County.

The equal division of the landed interest among the Chickasaws and Choctaws is a question of immense perplexity and complication. The Agreement provides for equal division as near as possible, which provision furnishes a broad scope for divers theories as to what scheme of allotment would be the nearest approximation to equal division. To be sure, it is a settled fact that classification of the land is the first and the one indispensable essential in the course of allotment, but what method should be adopted that would be the nearest approach to equal division in the chief end to be sought.

This question of allotment is one of far-reaching effect, a question the solution of which will remain in touch with the welfare of the Indian until his race shall have become extinct. It is the division of the last foothold of the Indian--hence does not so important a phase in our national concerns behoove us to claim as just a settlement in this regard as possible? But from the maneuvres of the more aggressive citizens of the two nations, and especially of te Chickasaw Nation, the Intermarried and mixed blood elements, are we not driven to the conclusion that our approximate equal division scheme is destined to fall far short of its aim? It is very apparent that all the best claims over the nation are being bought up by the men of means, they being aware that the Agreement allows the person to hold the land upon which are his improvements. Now this feature of the game will most decidedly throw all the first class land into the Lands of those who chance to possess the means to purchase improvements on the same. And during the beat of this demonstration we find the unfortunate full blood inactive and seemingly oblivious of the enormity of the change that is coming. We cannot say "why does he not get out and hustle like the rest of us:" for this would be a very unjust and superficial view. We should ever be mindful of the fact that it is his nature to be slow in awakenig to his interest. Nor should this unfortunate faculty in him contribute to his detriment in this question of alotment as is clearly the indication. If this scheme of buying up improvements to hold the land it incloses prevails, and very probably it will, the result will be (a fact to be deplored) that ninety per cent of the full-blood element will be pushed off on the poorest grade of land in the country, all because he either lacked means to purchase improvements or was slow to act.

We take the postiion that if protection is accorded to any class of people, the full-blood should received it first of all because his position demands it. He has been a back number in participating in the spoils of our nation in every instance of the past and now on the final wind up he should not be ignored or taken advantage of. If he wants his share of first class land, he should have it at all hazards. Our advocacy isthis---that the entire amount in acres of first class land be ascertained, also how much of said land will be equally due each individual, and, if he demands his share of this first class land, give it to him; and by adopting the same method with all three classes, everybody, wealthy and poor, mixed blood and full-blood, with squaw man thrown in, would all be on the same footing in selecting their lands.

We cannot say that the man who is by circumstances forced on an allotment of second or third class land has according to valuation an equal division, because he gets more than the allottee on a better class of land, for if so what means all this rush to purchase improvements on good land! Why not be contented with whatever land is convenient to be allotted us? It is simply because the most of us appreciate the fact that an allotment of the first class land will be a less expense and a far greater profit than a larger allotment on a poorer class of land.

We may be erroneous in our view, but we think that it would have been a more approximate equal division scheme had the Secretary of the Interior established the ruling that every clitizen have his equal share of the several classes of land and where this theory trespassed upon a man's improvements that some have established to adjust all conflicts. Yours for equal division.

Attorney J. H. GORDON of South McAlester was in town on business on the 8th.

Mr. R. L. ORWIG has been in Atoka this week dyeing, repairing and taning cloting.

C. H. KINGSBERRY from near Lehigh returned Saturday morning from a trip up the road.

Uncle Alfred STANDLEY had one of his work animals killed on the Lehigh branch last Sunday.

W. H. PAIT returned a fews days ago from Antlers where he had been attending court as a witness.

Mr. DICK of South McAlester was here the first of the week in the interest of the New Era magazine.

Dr. W. O. SHANNON of Durant was in town Saturday evening the guest of Mr. and Mrs. Paddy Mc??UIGAN.

Arthur JONES, Miss RATHBRUN, and Miss DAVIS of Coalgate spent the day in Atoka Sunday visiting friends.

A. TELLE is having his water supply pipe, that runs from 4th street down to his residence on the east side repaired.

W. P. WHITLOCK, of Coalgate was in town on the 7th to make arrangements to enter a stepson at the Academy at this place.

John M. HODGES stumbled over some rubbish on Court Street Satruday night last and painfully injured himself in the chest.

W. J. BOND, the hardware man of Wapanucka, was in town Monday. His little son Dwight spent the night in town on the 7th.

Miss DILLON, daughter of John H. DILLON who lives near this place, left the latter part of last week for a visit down the road.

Mrs. W. F. CLOWER arrived in Atoka Saturday, where she will remain with realtives while Mr. CLOWER makes a trip to the Chickasaw country.

Clayton WEST, representing the Scarff and O'Conner Co. of Dallas, Texas, was in Atoka the latter part of last week in the interest of his company.

The following officers were elected at coalgate last week: Peter HENRATY, Mayor; Mr. McMAHAN, Recorder; Mr. PERRY, Treasurer; J. H. THOMPSON, Marshall.

Mrs. Lane died in Atoka the latter part of last week as the result of a relapse in a case of measles. There were said to have been eight members of the one family down sick at the same time. they lived on the east side of the track, and Mr. and Mr.s J. B. SALMON gave them all the atttention that they could spare from their normal busy, daily work. Mrs. LANE formerly lived at Limestone, I. T.

Grandmother LANKFORD is visiting her daughter Mrs. Dr. ALLEN at Coalgate.

Walter ADAMS is assisting Mr. HIGHTOWER in his business at South McAlester.

The families of J. D. LANKFORD and Dr. E. N. WRIGHT are out for a camp hunt and fish this week.

Mr. PHILLIPS, representing a Sunday School map company, spent a day or two in Atoka this week.

Mr. Isaac HAAS of Goodland was the guest of his brother in Atoka the latter part of last week.

Ex-governor P. S. MOSELY and little son of Wapanucka, were among the visitors here last Saturday.

Mrs. ADDINGTON and son "Cub" teams of the chickasaw nation were here on business the first of the week.

M. S. MICHENER, representing the Kansas City Times, spent a day or two in Atoka the latter part of last week.

Mr. Wm. BUCKHOLTS of Boggy Depot was in town Tuesday and called THE CITIZEN office to get some farm contacts.

C. R. Smith left for Antlers yesterday morning ato attend the trial of Jim HALE, who killed Mr. Smiths's son Ambrose.

E. V. WOOD, representing the State National Loan and Trust Co., of Ft. Worth, Texas, was in Atoka on Monday this week.

Mr. and Mrs. J. T. CLAPPER left home this week, the former to attend court at Antlers and the latter to visit friends at Muskogee.

According to a recent reported order, made by Judge CLAYTON, Atoka's next term of court willbe in September instead of November.

Rev. J. S. MURROW is ini the western part of the Territory on a missionary trip, and Mrs. MURROW will go to join him sometime this week.

J. D. FULTON came down from South Canadian to spend Sunday last with his wife in Atoka. He remained over Monday and Tuesday and took a hunt with Judge J. G. RALLS.

Dr. J. W. McCLENDON, W. F. BRAIN, C. R. SMITH, ROW McBRIDE, Ozie HODGES, J. T. CLAPPER, and perhaps others will probably have to go to Antlers as witnesses in the HALE case.

Mrs. John COCKE and little son of Antlers, who had been visiting Mr. and Mrs. S. B. SCRATCH of this palce for several weeks, returned home the latter part of last week, accompained by Mr. SCRATCH.

City Marshal J. T. THOMPSON of Coalgate was in town yesterday on business.Mrs. George M. EWING of the Bates Hotel went to South McAlester this week.

Atty. Hack HARLEY of South McAlester was in town this week on legal business.

Rev. Maurice WRIGHT and wife of Lehigh made a visit to Atoka on Tuesday last.

Mr. UPTEGRAPH of Kansas is visiting his daughter, Mrs. Cassie SMITH of this place.

Miss Erna TUCKER of Stringtown has been a guest of her sisters at the Academy this week.

Mrs. HIGHTOWER went to South McAlester, where her husband is in business, on Tuesday last.

Atty. R. L. WILLIAMS of Durant was here Tuesday and left for home on the 10:28 passenger.

Mrs. HUNTER of Okmulgee is visiting her father, Mr. John W. DILLON, who lives near this place.

Rev. TRICKEY filled his regular appointment at the Methodist church in Atoka on Sunday last.

F. R. PHILLIPS returned Tuesday from a trip to St. Louis and Mrs. PHILLIPS came in town to meet him.

Judge John H. LINEBAUGH and Mr. A. M. SERRELL are among the attendants at the Antlers court this week.

J. D. BALL of Wapanucka, was among the visitors in town this week and called at THE CITIZEN office to get some mortgage blanks.

F. R. PHILLIPS and family and Lang PHILLIPS and family of Lehigh were visiting friends and relatives in Atoka on Sunday last.

The Denison and Choctaw Telephone Co. is changing its line down about Caney switch and setting the post out on higher ground.

Clarence BRAIN is working in the place of Mr. J. T. CLAPPER at the M. K. & T. office in this place during the latters absence at Antlers.

J. C. PATE and W. F. CLOWER left yesterday morning for the Chickasaw Nation, where they expect to make arrangements to move before a great while.

The B. Y. P. U. will hold its usual service Sunday evening. Topic--The Eternal Morning and Modern Missions. Isaiah, 60:1-12. Leader Miss WILLIS.

Mrs. HOWELL of Wapanucka was in town Saturday and left for a trip down the road. She was accompained to Atoka by her brother and his wife.

P. H. LITTLEPAGE lost his barn and considerable other properity by fire during last week. Mr. LITTLEPAGE is well know to many of our readers, and lives on his ranch west of Lehigh, where the fire occurred. The fire was thought to have been incendiary. His loss is said to have been $8000.

Provisions of the Atoka Agreement Relating Thereto. As many inquiries are being made just at the time, relative to the Townsite provisions of the Atoka Agreement, we published them below for the benefit of our readers. That part in reference to church and parsonage property, will be found in another item:

Provisions of the Atoka Agreement Relating Thereto.
As many inquiries are being made just at the time, relative to the Townsite rovisions of the Atoka Agreement, we publish them below, for the benefit of our readers. That part in reference to church and parsonage property, will be found in another item: "It is further agreed that there shall be appointed a commission for each of the two nations. Each commission shall consist of one member, to be appointed by the mexecutive of the tribe for which said commission is to act, who shall not be interested in town property other than his home, and one to be appointed by the president of the United States. Each of said commission shall lay out town sites, to be restricted as far as possible to their present limits, where towns are now located in the nation for which said commission is appointed. Said commission shall have prepared correct and proper plats of each town and file one in the clerk's office of the United States district court for the district in which the town is located, and one with the principal chief or governor of the nation in which the town is located, and one with the Secretary of the Interior, to be approved by him before the same shall take effect. When said towns are so laid out, each lot on which permanent, substantial and valuable improvements, other than fences, tillage and temporary been titled houses, have been made, shall be valued by the commission provided for the nation in which the town is located, at the price a fee simple title to the same would bring in the market at the time the valuation is made, but not to include in such value the improvements thereon. The owner of the improvements on each lot shall have the right to buy one residence and one business lot at 50 per centum of the appraised value of such improved property, and the remainder of such improved property at sixty-two and one-half per centum of the said market value within sixty days from date of notice served on him that such lot is for sale, and if he purchases the same he shall, within ten days from his purchase, pay into the treasury of United States, on fourth of the purchase price, and the balance in three equal annual installments, and when the entire sum is paid shall been titled to a patent for the same. In case the two members of the commission fail to agree as to the market value of any lot, or the limit or extent of said town, either of said commissioners may report any such disagreement to the judge of the district in which such town is located, who shall appoint a third member to act with said commission, who is not interested in town lots, who shall act with them to determine said value.

If such owner of the improvements of any lot fails within sixty days to purchase and make the first payment on same, such lot, with the improvements there on, shall be sold at public auction to the highest bidder, under the direction of the foresaid commission and the purchaser at such sale shall shall pay to the owner of the improvements the price for which said lot shall be sold, less sixty-two and one-half per cent of said appraised value of the lot, and shall pay the said sixty-two and one-half percent of said appraised value into the United States Treasury, under regulations to be established by the Secretary of the Interior, in four installments, as hereinbefore provided. the commission shall have the right to reject any bid on such lot which they consider below its value.

All lots not so appraised shall be sold from time to time at public auction (after proper advertisement) by the commission for the nation in which the town is located , as may seem for the best interest of the nations and the proper development of each town, the purchase price to be paid in four installments as hereinbefore provided for improved lots. The commission shall have the right to reject any bid for such lots which they consider below its value.

All the payments herein provided for shall be made under the direction of the Secretary of the Interior into the United States Treasury, a failure of sixty days to make any on payment, to be a forfieture of all payments made and all right under the contract; Provided, that the purchaser of any lot shall have the option of paying the entire price of the lot before the same is due.

No tax shall be assessed by any town government against any town lot unsold by the commission, an (illegibled) lien on same till the purchase price thereof has been fully paid to the nations.

The money paid into the United States Treasury for the sale of all town lots shall be for the benefit of the Choctaw and Chickasaw tribes (freedmen excepted) and at the end of one year from ratification of this agreement, and at the end of each year thereafter, the funds so accumulated shall be divided and paid to the Choctaws and Chickasaws (freemen excepted) each member of the two tribes to receive and equal portion thereof.

That no law or ordinance shall be passed by any town which interferes with the enforcement of or is in conflict with the laws of the United States in force in said Territory, and all persons in such towns shall be subject to said laws, and the United States agrees to maintain strict laws in the territory of the Choctaw and Chickasaw tribes against the introduction, sale, barter, or giving away of liquors or intoxicants of any kind or quality.

That said commission shall be authorized to locate, within a suitable distance from each town site, not to exceed five acres to be used as a cemetery, and when any town has paid into the Untied States Treasury, to be part of the funds arising from the sale of town lots, then dollars per acre therefor, such town shall be entitled to a patent for the same as herein provided for titles to allottecs, and shall dispose of same at reasonable prices in suitable lots for burial purposes, the proceeds derived from such sales to be applied by the town government to the proper improvement and care of said cemetery.

That no charge or claim shall be made against the Choctaw or Chickasaw tribes by the United States for the expenses of surveying and platting the lands and town sites, or for grading, appraising, and allotting the lands, or for appraising and disposing of the town lots as herein provided.

That the land adjacent to Fort Smith and lands for court houses, jails and other public purposes, excepted from allotment, shall be disposed of in the same manner and for the same purpose as provided for town lots herein, but not until the Choctaw and Chickasaw councils shall direct such disposition to be made thereof, and said land adjacent the reto shall be placed under the jurisdiction of the city of Forth Smith, Arkansas, for police purposes."

You shall have the right to appeal from your judgment within ten days from notice thereof to the Commissioner of Indian Affair, and the same time to appeal from the decision of said commissioner to the Secretary of the Interior, and said appeala shall be made special and determined as soon as practicable. The precedure in said contests except as specially modified herein, will conform to the practice before the United States local land offices in relation to contests before them. Contestants must file their claims with you within ten days after the notice of appraisement herin required, and the approval of said plats and statements accompanying the same shall not be held to be an adjudication of the ownership of the improvements on any lot; and in case of any contest, no disposition of any lot in contest will be made until final determination by you, or by the Department in case of an appeal, of the right of purchase thereof, when the successful contestant will be notified of his right of purchase, and the sale of said contested lots will be made as in the cases provided in said agreement. At the expiration of ten days after said notice of the completion of said appraisement, you will transmit the book or books containing the record tereof to said Indian agent, with a list of the lots upon which ownership thereof is being contested.

In locating land to be purchased by the several towns for cemeteries, the commission will consult the wishes of the people of each town, and be guided thereby as far as practicble, having due regard to the health of the inhabitants thereof. The cemeteries should be set apart at the time the towns are soverally laid out, and when any town shall have paid to said Indian agent the sum of $10 per acre for the cemetery located by you for its use, such town will be entitled to a patent for the same executed jointly under their hands and seals by the principal chief of the Choctaw Nation and the governor of the Chickasaw Nation.

The provisions of the agreement relating to all lots occupied by churches and parsonages are sufficiently clear and definite for your guidance. It is therefore thought necessary only to call your attention thereto.

The United States Indian agent for the Union Agency, who will be charged with the collection and accounting of the purchase money on all lots in each town, will be instructed with regard to the matter. among other things he will be directed to notify you at the proper time of all defaults in the first payment for improved lots. When you shall have received such notice which default has occurred, and sell the same at public auction, the terms of sale being set forth in your advertisement.

When in pursuance of the foregoing you shall have sold any lot on which improvements are located, at public auction, you will advise the agent thereof, furnishing him with tthe number of thelot, the name of the purchaser, and the price for which the lot sold. by this it will be understood that all delinquent lots in a town will be advertised for sale on the same date, and sold from day to day, beginning on such date, and the notification to the agent provided for in this paragraph will include all lots thus sold in such town. When a lot on which there are improvements is sold in accordance with this paragraph, you will not confirm the same until the pruchaser shall hvae furnished evidence to satisfy you that he has either paid the owner of the improvements the amount which he is entitled to receive, or has made satisfactory arrangements with the owner for such payment.

The agreement does not rquire you to appraise the unimproved lots in the town, only to sell them from time to time at public auction after proper advertisment, stating therein the time and place of offering said lots for sale, and each lot not appraised should be noted in its proper place in the record of the town wherein it is located, in such manner as to make it possible to record is sale, and facts connected therewith. When unimprovedlots are sold by you they should be scheduled to the agent in manner provided above in these instructions touching sales of improved lots.

Your compensation will be $6 per day , with actual and necessary traveling expenses, and $3 per day in lieu of subsistance, while actually employed in the work for which you are appointed. In case of a disagreement between you as to the value of any particular lot or the limit or extent of any town, one or both of you will apply in writing to the judge of the United States court of the Indian Territory having jurisdiction of the Choctaw Nation to appoint a third commissioner to act with you Said applicantion will not be made except to determine the limits of a town, until the appraisement of all of the lots in the town subject to appraisement shall be completed, and the application will requiest the appointment of said commissioner to determine the appraisement of all the lots about which you differ as to the market value. While so employed the third commissioner will receive the same pay and allowance provided to be paid you for your services.

The minutes of each days proceedings shall be completed and written out in "longhand" or typewriting, and duly signed by the chairman and secretary before the next days business is begun, and shall not be changed there after exept by a further record stating accurately the changes intended and ordered, and the reasons therefor. thisis not intended to include any testimony, or thing other than actual conclusions, orders and proceedings of the commission.

A similar commission, composed of Messers. Samuel M. JOHNSON, of Troy, Kansas, chairman, and Wesley BURNEY of Ardmore, Indian Territory, secretary, has been appointed to appraise town sites in the Chickasaw Nation, and as it is desirable that the laying out, surveying, platting and appraising of the towns in the two Nations shall agree in all essential and important particulars, the two commissioners will have a joint meeting at Muskogee, Indian Territory, at some time to be agreed on between the respective chairmen.

When the time for this meeting is agreed on, the chairman of each commission will notify his colleague thereof.

At this meeting the two commissions will agree on a general plan of proceeding, and devise a form of blank book to be used in keeping the record of appraisements, conformably awith instructons herein given, and such other blank forms as may be found necessary in the work, and submit the same through to commissioner of Indian Affairs for the approval of the Secretary.

In accordance with the terms in the provisions of said agreement, above referred to, you will reserve from appraisement and sale all lots in town sites laid out by you which are occupied by houses of miners actually engaged in mining, and while so engaged, and also an amount of land sufficient in your judgement to furnish homes for the miners and an additional amount of land sufficient for all buildings and machinery for mining purposes. Said lots and reserve lands will be surveyed and platted as a part of the town, and will be noted on the plats as reserved for mining purposes.

In concluding these instructions it is proper that your attention should be called especially to the importance of your work and the necessity for you to proceed with great care in its performance. On your records will be based all titles of real property in the existing towns, and it is therefore necessary for you to give attention especially to accuracy in making the same.

Should occasion arise for the taking of testimony on any question with which the commission is to deal, all witnesses will be examined publicly, so that ever person interested will be accorded an opportunity to know what is being done, and just what proofs the commission has to act upon.

All necessary stationary, with franked envelopes for official use, will be furnished you upon requisition, by the Indian Office.

These instructions are signed in triplicate, and one part is furnished to each of the commissioners and one part is furnished tothe United States Indian Inspector for the Indian Territory, together with copies of the rules and regulations furnished registers and receiver in contested cases above referred to.

SECTION 1. Be it enacted by the General Council of the Choctaw Nation assembled: That hereafter no clerk or any court, nor any judge of this nation, shall have the right or authority to issue any county script. And so much of any law or laws heretofore enacted which gave any clerk or judge the riscriptight or authority to issue any county . And so much of any law or laws hertofore enacted the right or authority to issue county script be and the same is hereby repealed.

Sec. 2. Be it further enacted, That hereafter in all civil suits the plantiff shall give proper bond for the payment of all costs, fee of all officers and witnesses in civil suits shall remain the same as they are now.

SEC. 3. Be it further enacted, That the fees now allowed all officers and witnesses in criminal cases before the circuit courts payable out of the National treasury shall remain as they are; but hereafter in all examining trials before the County Courts no fees shall be allowed witnesses or officers, either cut of the antonal treasury or county treasury. That this set shall take effect and be in force from and after its passage and approval.

This is to certify tht the above is a correct copy of the law. In testimony whereof, I have hereunto affixed my hand and the seal of the Choctaw Nation, April 5, 1899. SOLOMON J. HOMER, National Sec. Choctaw Nation.

A very quiet but ?? wedding was solemnized at the home of Mrs. Emma SUMMERVILLE. The bride was Miss Nellie Summerville, youngest daughter of Mrs. Summerville, who moved among us when Miss Nellie was a child, and has developed and grown into womanhood in our midst, and into a young woman who deserves much credit for her energy, ability and acquirements. She has been a leader among the young folks, and a teacher of music for three or four years. She is skilled in the art of domestic duties and will be a valuable helpmeet.

Jasper INGE has lived in this town from infancy, and is the only son of Mr. and Mrs. Thos. INGE, who are known and are esteemed and valued high types of Christians. Jasper has ever lived to be an honor and joy to his parents. He has a strong manly character, and is energetic and faithful to duty. While in this town--even though a youth--his confidence in which he was ?? was manifested by his being called into many places of business which much responsibility rested upon him.

Circumstances circumscribed would be generosity of the family and limited those present to the following persons: Mr. and Mrs. Greenwood LaFLORE, Mr. and Mrs. J. S. MORROW, Dr. and Mrs. J. R. FULTON, Dr and Mrs. J. W. McCLENDON, Mr. and Mrs. Mike COLAN; Misses Doctor, BERRY, PATTERSON, and HAAS; Messrs. JONES, WOODS, RALLS, and HAAS, and Mr. J. E. ADAMS.

The guest assembled and at half past eight o'clock the bridal party were married in the cosy parlor by Father ?, grandfather of the groom. The bride wore a beautiful and befitting suit, richly and (?) trimmed with pink silk and ? applique work. She carried a lovely boquet of natural roses. The groom bore himself with the usual manliness, and looked his best in the usual black suit. After congratulatons, the friends were ushered into the beautifully decorated dining room where delicious ice cream and cake were served. White, pink and gold were the colors combined in the tasty and artistic decorations. Many useful, beautiful and handsome presents were received.

The couple will remain in Atoka about ten days, after which they will go to their home already awaiting them at Cleveland, Oklahoma. We wish them prosperity, health and happiness, with a full interest in Eternity.

Ardmore, I. T. April 10.--The annual meeting of the grand lodge of the I. O. O. F. in the Indian Territory began a four days' session this morning.

Today at ten o'clock the grand encampment in the Indian Territory was instituted and the following officers elected and installed: Wm. NOBLE, G. C. P.: J. R. HARRIS, G. P.; Z. W. BETHEL, G. P. P.; C. C. CHAMBERS, G. S. W.; U. T. ESTES, G. J. W.; A. M. FLOSS, G. S.; H. A. CAMPBELL, G. T. RALLS

The city presents a gala appearance. The antional colors are ver prominent throughout the city. Nearly 200 visitors are in attendance upon the meeting, a great many being ladies. The big parade occurs tomorrow, which includes all the lodges.

All citizens straying stock in accordance with the provisions of the Choctaw Estray Laws, are hereby notified that on and after this date, all such strays must be brought tothe courthouse for sale, as is provided in said laws.

First-class stock of goods always on hand. Particular attention to the latest styles, and prices to suit the times. Your patronage is solicited and satisfaction guaranteed.
Suscessor to MOORE & DULANEY, on Main St.

Julius HAAS, .....
Dealer in all kinds of....
Hides, Furs, Wool, Deerskins, Snake and Black Root.
Will Pay the Highest Market Price, In Cash For All Kinds of Country Produce
Atoka, Ind. Ter.

WHOLESALE AND RETAIL
FRESH FRUITS, CONFECTIONS.
Latest Fashion Plates and Magazines.
Mrs. Bertha SALMON STANDLEY, Proprietress.

_________________________________________

ATOKA, I. T.
Anything you want in Dry Goods, Ladies and Gentlemen's Fur-
nishings, Men's and boys clothing, Hats, Caps and gloves, Boots and
Shoes, saddles, Bridles, and Harness, Queensware and Glassware,
Hardware, Tinware, and Stoves, Wagons, Plows, Harrows, Planters
and Cultivators, Corn, Oats, Hay and Bran, and

Denison, Tex., April 10th___Coal trustees AINSWORTH and BURRIS of the Choctaw and Chickasaw nations ahve been going over the coal fields of the two nations and examing the applications for leases presented to them. Folling are the names of applications for leases:

Indianola Coal and Railway company
Ozark Coal and Railway company
S. Guerffer et al.,
Poteau Valley Coal and Mining comapny
HILL & WILBURN
W. A. WELCH and Ed McKENNA
All the applications are contested except No.1 of the Indinola Coal and Railway Comapny. indian inspector J. George WRIGHT will come to Poteau in the near future to adjust claims and pass upon applications for coal leases.

the defendant, E. O. BELL, is warned to appear in this court within thirty days and answer the complaint of the plaintiffs. D. EVERETT.

This 15th day of March, 1899.
G. T. RALLS,
U. S. Commissioner aforesaid,, R. L. WILLIAMS, Attorney for Plaintiff, J. W. JONES, Attorney for non-resident Def'd't.

There will be a meetig of the Choctaw Medical Board of Examiners in Atoka on the 1st and 2nd days of May, 1899. all physicians practicing in this nation who hve not complied with the laws ofthe Choctaw Nation, will be required tomeet the Board at the above mentioned time and place. If they fail to do so they will be reported to the United States Indian Agen as intruders.

L. C. TENNENT, Pres. McAlester, I. T., - G. W. HARKISS, Vice Pres. Owl, I. T., - W. McCLENDON, Sec'y. Atoka, I. T.

ADVERTISEMENTS
The State National Bank - Denison, Texas- Capital, $150,000 Surplus, $30,000.

Officers: R. C. SHEARMAN, Pres. - Alex RENNIE, Vice Pres. - G. L. BLACKFORD, Cashier

WE SOLICIT YOUR BUSINESS.

Our friends in the Indian Territory should call to see us when they come to Denison

J. D. LANKFORD,
...Dealer In....
Drugs, Medicines and Chemichal
and A Complete Line of
ARTICLES USUALLY CARRIED BY DRUGGIST.
_________
Leave all calls for professional services at the Drug Store
Atoka, I. T.

JNO. M. HODGES

ATOKA, IND. TER.

Fresh Drugs, Patent Medicines
Toilet Articles, Silverware, Glassware, Queensware
Chinaware, Fine Cigars and tobaccos.

Fine Lamps 20 cts. to $10. Each

Atoka . . Ind. Ter.

White Bronze Monuments
are very
Pretty and Durable
_________
Call and see me when you want anything in this line
I can please you and save you money.

T. L CHISHOLM
ATOKA, IND. TER.

ANOTHER SIDE

Durant, I. T. April 10, 1890, EDITOR INDIAN CITIZEN:

Dear Sir: In the last issue of THE CITIZEN your "special correspondent" from Durant give as the cause of my defeat in the municipal election that I was charged with fraud in the Democratic primary. Now, fearing that persons who do not know me, and are unacquainted with the situation of Durant, may believe this story. I respectfully ask that you give equal prominence to the folling letters whih speak for themselves.

Knowing you love of fairness and justice, I thank you in advance for the favor. Yours very truly, W. L. POOLE

Durant, I. T., April 10, 1899, To Whom It May Concern:
We, the undersigned judges of the Democratic primary election held in Durant, I. T., February 27, 1899, state: Our action in declaring W. L. POOLE the nominee of the Democratic primary as held above was based on a fair count of the votes cast at said primary election, and our decision was ratified by the Democratic Club of Durant. No charges of fraud were brought agains Mr. POOLE, and he stated before the Club that if he had not received the nomination fairly he did not want it and wuld not have it. Yours truly, G. M. STEVENS, Tom HALE, Fred WEIBENS

IN MEMORY OF

A. C. BLACKWOOD, Post Commander Atoka post No. 24, G. A. R.

We, the undersigned committee to whom, at a special meeting held April 8th, A. D. 1899, was referred the duty of reporting a suitable memorial expression of the feelings of our Post on the occasion of the death of our Comrade Dr. BLACKWOOD, feel that words can but feebly express os great a loss. In offering up to his memory the last tribute of our affection we are not uttering empty praises in saying that our brother was a true and zealous comrade, a good citizen, a kind husbandand father and a sincere and trustworthy friend.

As expressive of our appreciation of our departed comrade's worth and the bereavement sustained by his death, we offer the folling resolutions:

Resolved, that in Comrade BLACKWOOD the Post has lost one of its brightest workers, the community an honest and upright man.

Resolved, that thought we cannot give consolation to his bereaved wife and family, we respectfully and commend them to the protection of our Heavenly Father.

Resolved, that the members of the Post wear a badge of mourning for thirty days and that a separate page in our minutes be dedicated to our comrade's memory and on it this report be inscribed.

Resolved, That the Secretary be instructed to furnish a copy of these resolutions to the family and friends of deceased, also neighboring Posts.

J. B. SALMON, - J. J. THOMPSON, - D. M. MILLER Com.

COMMISSIONER'S COURT.

The following cases have come before Commissioner Geo. T. RALLS since our last report. CIVIL: H. FIBUS vs. J. B. WARREN, judgment for plaintiff
M. MOFFETT et al. vs. Rafe LANGFORD; judgment for plaintiff.
J. B. McDOUGALL vs. Theodore FREEMAN, judgment for plaintiff. Denison & Choctaw Telephone Co. vs. M. K. & Ry. Co; continued

CRIMINAL: Sam SCOTT and John WILSON were tried and convicted for assault and battery and fined $5.00 each.

Mile LaFLORE et al were convicted of disturbing the peace and fined $10 each.
Mike LaFLORE, W. B. BLEDSOE, C. N. BLEDSOE and Milton McCOY had a preliminary trial on a charge of shooting with intent to kill. they were held in the sum of $500 each.

Joseph MYERS was tried for vagrancy, found guilty and fined ten dollars and given sixty days in jail.
Ben ATWOOD was found guilty of disturbing the peace and fined $10

COMMON LAW MARRIAGES VALID IN OKLAHOMA

The suit of Polly ROBINSON vs. A. J. ROBINSON, alias Posey ROBINSON, and others, recently decided by Judge Taraney at El Reno, OK I. T., was brought to establish the validity of a common law marriage between the plaintiff and M. M. ROBINSON and to affirm her right to 160 acres of land as such wife. The evidence showed that the plaintiff had lived with M. M. ROBINSON for over fourteen years prior to the death of the latter, at all times demeaning herself as his wife by civil contract without celebration. Before coming to Oklahoma they had lived together in North Carolina, where such mariages are declared void by statute. Judge TARANEY held that by coming to Oklahoma, where there is no statute agains common law marriages, and continuing the same relations, they were to be declared to have ratified the original agreement, and thereby validated the marriage.__Law Notes

CHURCH PROPERTY EXEMPT

For the information of those who are interested we publish below the provisions of the Atoka Agreement in reference to the exemption of church and parsonage property, from appraisement and sale. It reads as follows:
"There shall be set apart and exempted from appraisement and sale in the towns, lots upon which churches and parsonages are now built and occupied, not to exceed fifty feet front and one hundred feet deep for each church or parsonage: Provided, that such lots shall only be used for churches and parsonages, and when they cease to be used as such, she revert to the members of the tribes to be disposed of as other town lots: Provided further, That these lots may be sold by the churches for wich they are set apart if the purchase money therefor is invested in other lot or lots in the same town, to be used for the same urpose and with the same conditions and limitations."

CADDO ELECTION.

The following officers were elected:
Mayor__C. A. MANNING, Republican.
Recorder___D. G. LLOYD, Doubtful
Marshal___J. N. JACKSON, Doubtful

ALDERMEN.

L. C. LeFLORE, Democrat.
A. M. RUSSELL, Democrat.
Wm. RICHY, Republican.
W. H. MARKHAM, Republican
Pester BLOOM, Republican.

Oh what tools we Caddo mortals be? Just look at the trap into which we were led by JUDAS ISCARIOT. You old bible readers remember the fate of his following.

If we ever expect to work on party lines, now is our time to realize the sting sufficient to be over true to the old Hickory party. From henceforth and forever, I am an advocate of party lines. OBSERVER.

EQUAL DIVISION

We published in this issue of The CITIZEN a letter under the above head, which sets forth a plan of division, which the writer states would be the only method of a ture equal division. If he means a fair and equal division , then we agree with him, and so does the Atoka Agreement, together with many of the farmers of that Agreement.

There might be an equal division of all the lands, after they had been properly appraised, without a fair division, unless each allottee chose to take the lands that were allotted to him without desiring any better grade of land; but if he did desire that part of his lands be of better grade and failed to secure such lands because they were all occupied, then the division would not be fair.

The first paragraph under the head. "Allotment of Lands," in the Atoka Agreement reads as follows: That all the lands within the Indian Territory belonging to the Coctaw and Chickasaw Indians shall be allotted to the members of said tribes so as to give to each member of these tribes so far as possible a fair and equal share thereof, considering the character and fertility of the soil and location and value of the land.

The evident intention of this paragraph was that each member of the two tribes should receive, if he so desired, his pro rata share of the best grad of the lands of the two tribes. If he did not deisre any part of the best grade, then he could take his whole share from a different grade, because it would nto be unfair to him to allow him to have his choice.

We have been informed by one or two of the farmers of the agreement, that they so understood this paragraph. In fact the former Agreement, made by the Choctaws and the Dawes Commission and which the United States refused to consider because the Chickasaws were not a party; contained a provision of this kind which specifically stated that each Coctaw was to receive his proportion of the best lands, if he so desired; and that the allotting commissioners could take from one and give to another, of this best land.

If an allottee prefers to take an inferior grade of land, in order to secure all, or as much as possible of his land in one body, there is not queston but what he should be permitted to do so. But if he desired some of the best lands, then he should be permitted to have his share of them, otherwise the division would not be a "fair and equal" one.

OKLAHOMA AND INDIAN TERRITORY

Two well known cattlemen of Holdenville, I. T., have been missing cattle from their herds quite frequently of late. On te night of April 9, they guarded their cattle with Winchesters in their hands. About midnight they saw a couple of men driving a bunch of steers. The men were in good range, and picing their men they fired simultaneously. both men fell, one shot through the body and the other through the head. The men are well known. They were taken to Holdenville and had their wonds dressed. It is thought that both men will die, as their wounds are of a serious nature.

It is settled that Clyde MATTOX is not dead, but has escaped. Mrs. HATCH has received a number of letters from lawyers offering to defend her son if he is apprehended. Clyde will never be taken alive.

Clyde MATTOX, if caught will not have to be tried. His pardon was conditional that he would keep quiet.

NOTICE

After this issue Mrs. SMISER will have the management of THE CITIZEN. The office has a competent and trustworthy foreman and job printer, and our patrons will be served as faithfully and promptly as in the past. It is our constant aim to serve our patrons satisfactorily at all times, and we solicit a continuance of their trade. INDIAN CITIZEN PUB. Co.