Ft. Smith--May 22.
John
WASHTUB and Joseph
STARK were publicly flogged at San Bois, I. T. in accordance with the Choctaw law under which they have been sentenced to receive 100 lashes each as a penalty for cattle stealing. Several hundred Indians assembled to witness the execution of the law. The unanimous verdict was that the victims performed their part as well, not a grunt escaping either during the ordeal. The men were stripped to the skin and made to hug a tree while a deputy sheriff with a hickory withe six feet long gave the lashes with both hands. The penalty for a second offense is to be publicly shot.
McKEE ROBINSON DEAD
McKee ROBINSON, a member of the Choctaw council and ex-county judge of Blue county, died suddenly at his home south of town on Sunday, May 22, 1899. He was a very popular man and had held the offices of county clerk and county judge of this county for several terms prior to last election when he was elected for the council by the largest vote of any candidate in the nation. Deceased was about 35 years of age, almost a full-blood Choctaw, and decidedly prosperous, owning a beautiful place where he died besides a number of houses in Caddo. He leaves a wife and several children; the funeral was conducted under the auspecies of the Odd Fellows and Masons Monday and was largely attended. Caddo News.
Governor MCCURTAIN has appointed Paul HARRIS of Garvin, District Attorney for the Third District in Soloman Hotema's place and Will EVERIDGE of Grant, I. T. as clerk in Paul Harris' place.
We are sorry a week had to pass before we could correct a mistake which was made in last issue of The Citizen. In giving size of business lots as mentioned in townsite instruction we gave 100x125 and the correct size is 25x125.
The Indian Citizen will take notice that Tobe
RAMSEY has taken a change of venue in his beer cases of Atoka.__Coalgate Independent.
Tobe knows a "good article" when in sight and Atoka is noted for her justice to all who come within her walls of the U. S. jail.
In this issue is Gov. McCurtain's protest against leasing of other minerals than "coal and asphalt." This is a strong, ably prepared document and the Choctaw people should feel much pride and esteem for a chief who so boldly and ably defends their interest. Gov. McCurtain is a great leader of his people at this crises, and they owe him a debt which only deep gratitude can in any degree pay.
The Choctaw Medical Board is, strictly speaking, holding the lives and health of the people in its hands, as its will. We most sincerely hope this board will be moved by only one motive to issue certificates to physicians--and that motive be to the good of the profession and to protect the country against pill bag carriers and quacks. Most sincerely do we hope a thorough the test of qualifications and insight into character will be the main points this board will consider.
Rev. ROGERS delivered at the Atoka Baptist Church last Sunday the Bacculaurate sermon for the Academy, which will close this week. Not one adverse criticism have we heard upon this sermon. True eloquence, sublimest thought, clothed in language of simplest purity was this master work of word painting. The subject and its development brought the following words to mind.
"Easy in words thy style, in sense sublime
Know how sublime a thing it is
To suffer and to strong
* * *
O Death all eloquent! you only prove
What dust we dote on when 'tis man we love."
A Cattleman - GREEN - has unloaded a lot of foreign cattle at Lehigh. Judge John HARRISON
is after him and the law and its strength will be tested. Julius HAMPTON of Caddo also has shipped in and unloaded a lot at Caddo and also a Mr. SLOAN. We hope this law regulating this cattle business will be enforced and save and protect our nation from the conditions and results which are now found in the other nations where cattle are allowed in on a pitiful tax or by means of a leasing contract for pasturage. If our home stock men are allowed a fair show they will soon raise enough stock to supply the markets and all conditions will be benefited.
Last Sunday's Republic contained a graphic description of the "Rescue of the Coalgate Klondikers." For some time it has been the opinion that these parties were the victims of a Russian plot to entrap and imprison the crew to secure their money. A foreign paper to Coalgate many months ago announced that there were forty American prisoners in Russia. Then the vessel was found only 10 miles at sea and it had been stripped of everything. Not a sign of a wreck, loss of life or any evidence of any kind of violence. All these facts are strong in favor of the opinion that this crew were captured and made prisoners.
Texas W. C. T. U.
From the proceedings of the Texas W. C. T. U. convention held at Denison last week, we clip the following, which we presume will be of interest to the temperance workers in the Indian Territory:
Mrs. Murrow, president of the W. C. T. U. of the Indian Territory, was introduced to the convention by Mrs. Stoddard, as one of the noble women of our sister country, who is doing a great work in the Indian Territory.
Mrs. Murrow responded to the enthusiastic welcome extended to her by her sisters. She said she was happy to be at a meeting of her sisters in the Lone Star state, but she said that the greater part of the liquor for the Indian Territory comes from Texas, and she asked the help of her Texas sisters to stamp out the shipping of whiskey to the Indian Territory. According to Mrs. Murrow's expression fairly pours into the Indian Territory from Texas. She thanked Mrs. President Stoddard for a visit to the Indian Territory, and congratulated her country that the president of the Texas Union is soon to visit the Territory again for a month
In responding to the words of Mrs. Murrow, Mrs. Stoddard expressed regret at the whiskey traffic in that prohibited country, and greater regret that Texas was the main source of supply, and promised the aid of Texas white ribboners to stop the traffic. The full courtesies of the convention were extended to Mrs. Murrow and she was invited to the sessions of the convention with the same privileges as a delegate from Texas___Exchange
Chickasaw Warrant Committee
Denison,Tex., May 19__A special from Tishomingo capital of Chickasaw Nation says:
The warrant committee who have been inspecting, passing upon and registering the outstanding Chickasaw warrants preparatory to their payment by Treasurer Mosely, suspended their work yesterday until June 5. this was found to be necessary in order to get their records up in shape. Holders of Chickasaw warrants are requested to present same for approval on that date.
Prisoners Escape Jail
Ardmore, I. T. May 19___Fred McGuire and Bob Boyoo prisoners confined in the United States jail here, made their escape about 8 o'clock by tunneling out. Both men were charged with larceny. Boyoo was awaiting (illegible) to Fort Leavenworth penitentiary. Marshals with bloodhounds are hot on the trails of the men.
Mineral Leases
The Protest of Gov. McCurtain Against the Proposed Action of the Interior Department.
San Bois, I. T.
April 25, 1899
Hon. W. A. Jones, Commissioner
of Indian Affairs, Washington, D. C.
Sir: In the matter of the ruling of the Department that the Trustees must enter into leases for all minerals, and that said leases must be for thirty (30) years and must include the mineral in or under 960 acres of land.
I wish to submit the reason why I think the ruling is contrary to the clear meaning and intent of the Agreement, entered into April 23, 1897. Moreover, by entering into leases for minerals other than "coal" and "asphalt,", we may involve the Trustees and the Department in serious difficulties and subject the leases to heavy loss and damage.
I lay down this proposition as true: Under the Agreement the Trustees can make no lease for any mineral except "coal and asphalt," which will stand in the United States courts after the allotment of lands and after the titles have passed to the members. It will be admitted by all that the allotment of lands, with proper titles duly executed by the Principal Chief of the Choctaw Nation and the Governor of the Chickasaw Nation and delivered to the allottee, will be made within the next seven years, at the expiration of which time our respective governments cease to exist. (Our government continue for eight years from the fourth day of March 1898. Agreement, page 20, line 18) At the furthest, seven years hence will find "lands in common" as now, a thing of the past and individual titles to allotees legal reality. Let us examine and see what will be conveyed to each allottee under the Agreement. Under the heading, "Members' Titles to Lands," bottom of page 14, we have the following:
That as soon as practicable, after the completion of said allotment, the Principal Chief of the Choctaw Nation and the Governor of the Chickasaw Nation, shall jointly execute, under their hands and the seals of the respective Nations, and deliver to each of the said allottees patents conveying to him all the right, title and interest of the Choctaws and Chickasaws in and to the land which shall have been allotted to him in conformity with the requirements of this agreement, excepting all coal and asphalt in or under said land. Said patents shall be framed in accordance with the provisions of this agreement, and shall embrace the land allotted to each patentee and no other land, and the acceptance of his patents by such allottee shall be operative as an assent on his part to the allotment and conveyance of all the lands of the Choctaws and Chickasaws in accordance with the provisions of this agreement, and as a relinquishment of all his right, title, and interest in and to any and all parts thereof, except the land embraced in said patents, except also his interest in the proceeds of all lands, coal and asphalt herein excepted from allotment."
It is thus seen that the allottee gets:
"All the right, title and interest of the Choctaws and Chickasaws in and to the land which shall have been allotted to him in conformity with the requirements of this agreement, excepting all coal and asphalt in or under said land."
So that when only " and asphalt" are excepted, all other minerals will go with the land. surely the old and common rule of law, which says, "The express mention of one thing implies the exclusion of another," or as the Latin reads__"Expressio unus cst exclusio alterius," applies here.
We must not overlook the fact that each allottee gives a valuable consideration for the land deeded to him, and that consideration is contained in the following words: " All the acceptance of his patent by such allottee shall be operative as an asset on his part to the allotment and conveyance of all the lands of the Choctaws and Chickasaw in accordance with the provisions of the Agreement, and as a relinquishment of all his right, title and interest in and to any and all parts thereof, except the land embraced in said patents, except also his interest in the proceeds of all lands, coal and asphalt herein excepted from allotment."
In other words, the Indian now has an equal, undivided interest in all the lands of the Choctaws and Chickasaws and gives that for two particular tracts,__one tract of two 160 acres, to be known as his homestead; the other tract being the amount due him in excess of his homestead.
The Indians understand that "coal and asphalt" are to be accepted in their deeds. This was throughly discussed and explained in the campaign for the adoption of the Agreement. It was also equally well understood that only " coal and asphalt," were excepted. Now, if the Department, by its rulings, is going to cover all manner of lands by leases other than "coal and asphalt" it will create a state of confusion among the Indians which will in the end work serious loss. On the other hand, if the Department should hold that the Indian's deed will carry everything except "coal and asphalt," but that until that deed is actually delivered, the Department has the right to give those leases, then I submit that by giving innocent parties a 30 year lease on land which must terminate in seven years at the furthest, will be to subject them to heavy losses. Attention is called to the fact that the Indian assents only to conveyance "in accordance with the provisions of this agreement" that his consent is given to no other division; and that he can rightfully and successfully refuse any patent not in accordance therewith. Neither the patentee, not the officers who are to execute and deliver the patents, have any option in this manner. The words of the Agreement are mandatory and being plain, there is no escape from them.
The title by the United States to the Choctaws and Chickasaws, as set forth in the first article of the treaty of 1855, is as follows: " And pursuant to the act of congress, approved May 29, 1830, th United States do hereby forever secure and guarantee the lands embraced within the said limits to the members of the Choctaw and Chickasaw tribes, their heirs and successors, to be held in common; so that each and every member of either tribe shall have an equal undivided interest in the whole: Provided, however, no part thereof shall ever be sold without the consent of both tribes; and that said land shall revert to the United States if said Indians and their heirs become extinct, or abandon the same."
This has been decided as a title in common by Judge W. H. H. Clayton, of the United States Court for the Central Division of the Indian Territory, in the case of W. H. Ausloy et al. vs. N. B. Ainsworth et al., wherein the constitutionality of the Agreement was sustained__the plaintiff claiming they had vested rights in the coal that could not be taken away. The defendants' attorney demurred, and the court sustained the demurrer. The Choctaws and Chickasaws have bound themselves by a popular vote to accept the title to be given under the Agreement when they adopted the Agreement. They have agreed to except " coal and asphalt" from their deeds. they have not agreed to except all other minerals. By their votes the authorized the Principal Chief and the Governor to make a certain kind of a deed and not other. It is well here to note also that the before mentioned deed in the first article of the treaty of 1855 by the United States to the members of the Choctaw and Chickasaw tribes contains no clause reserving the minerals to the United States. The Choctaws and Chickasaws, therefore, owned all the minerals within the limits of their grant, and in whole or in part; and the United States being a party to said Agreement of April 23, 1897, and having ratified and confirmed the same, is bound thereby, her laws governing minerals in her public lands to the contrary notwithstanding.
It being admitted that the allottee's title carries all except " coal and asphalt" let us see what limitations are on said title. On page 14 of the Curtis Bill, commencing with line 15, we have these words: "All the lands allotted shall be non=taxable while the title remains in the original allottee, but-not to exceed twenty-one years from the date of patents and each allottee shall select from his allotment a homestead of one hundred and sixty acres, for which he shall have a separate patent, and which shall be inalienable for twenty-one years from date of patent. This provision shall also apply to the Choctaw and Chickasaw freedman to the extent of his allotment. Selections for homesteads for minors to be provided herein in case of allotment, and the remainder of the lands allotted to said members shall be alienable for a price to be actually paid, and to include no former indebtedness or obligation__one -fourth of said remainder in one year, one-fourth in three years and balance of said alienable land in five years from the date of the patent."
It will thus be seen that accepting the allottee's homestead, amounting to 160 acres of the remainder of his lands, whether that amount to 100 acres or 1,000 acres, he can sell one fourth in one year, one forth in three years, and the remainder in five years. The mode and the price are immaterial for our present purpose; but if the allottee wishes to sell and the purchaser exercises proper diligence and complies with all the restrictions to such a sale, it will be binding and the purchaser will take all the right, title, and interest of the allottee. And, as we have seen that the United States made not reservation of minerals when she sold the land to the Choctaws and Chickasaws, and that when they (Choctaws and Chickasaws) sold to the allottee they reserved only "coal and asphalt" and the allottee sold all his right, title and interest, it follows that such purchaser takes all in said land except the "coal and asphalt." For illustration, let us suppose a case and reason the effects of a transfer: The trustees, under the ruling of the Department, lease for thirty years 960 acres to A. The lease is dated April 23, 1899, and specifies Iron. A. expends a large sum of money developing and operating the mine. In June, 1901, the Principal Chief of the Choctaw Nation and the Governor of the Chickasaw Nation execute a deed for this 960 acres to B., according to the terms of the Atoka Agreement. In 1905 B. sells to C. this particular tract; and C. at once brings a suit in ejectment, founded on his deed from B., against A. for possession of the land. A. answers and pleads a lease made with the Trustees under a ruling of the Department. It will be a contest between a leasehold interest and a fee simple title; which cannot but result in a victory for the stronger right__the fee simple title.
Now just such a case as the above will come up, for the right of the Indian to sell is plain; the limitation for one, three, and five years is merely precautionary. The courts, when the Indian is receiving a reasonable compensation; must uphold the sale, or fly in the very face of the law. But the courts will approve these deeds. The very object of the Agreement was to break up the holding of large bodies of land by the Nations now inalienable, and substitute alienable titles in the individual. Yes, more, this lessee of iron may be ousted sooner, for the allottee may ask the United States to put him (the lessee of minerals other than coal and asphalt) off his lands as being objectionable to him.
"That the United States shall put each allottee in possession of his allotment and remove all persons therefrom objectionable to the allottee."__Curtis Bill, page 14, line 21.)
This would put the Department in an embarrassing position. A., the lessee of the iron mine, would be claiming protection from the Department under the lease given by its rulings; while the Indian allottee (B) would be demanding peaceable and exclusive possession guaranteed to him by the United States. The Department could not successfully discharge conflicting and contrary duties such as would arise in this case. Therefore, the best course to pursue, in my humble judgment, is to avoid such complication while the opportunity presents and circumstances are under easy control.
Great stress has been laid on these words found on page 18 and commencing with line 10; "All leases under this Agreement shall include the coal or asphaltum (this word is typed correctly)or other minerals, as the case may be, in or under 960 acres which shall be in a square as nearly as possible and shall be for thirty years, * * * *"
These words may be given a meaning as wide as possible and have injected into them all the power possible in a lease; still it is only a lease, and unless other minerals than "coal and asphalt" are excepted in the same or in like manner as "coal and asphalt" such a lease can not stand before a fee simple title.
In the decision of the Department of April 4th, 1899, a good deal of stress is lain on the proviso: "that nothing herein contained shall impair the rights of any holder or owner of a leasehold interest in any oil, coal rights, asphalt, or mineral which have been assented to by Act of Congress but all such interest shall continue unimpaired hereby, and shall be assured by new leases from said trustees of "coal and asphalt" claims described herein by application to the trustees within six months after the ratification of this agreement.
I found the following in the back of May 25th section. It is dated May 18. I decided to post it along with the rest of the May 25th paper.
LOCAL ITEMS
D. N. Robb went to Oklahoma this week.
F. R. Phillips was in from Lehigh Sunday.
Ready made sheets an pillow cases cases just received at H. & A Haas.
G. T. Ralls went to Vinita last week and returned the first of this week.
Mrs. Cooper Davis of Coalgate was in town last week visiting the family of Rev. Davis.
Carroll York who lives a few miles south-west of town was a caller and new subscriber this week.
"Things of Beauty." Those scarfs at Downing and Salmon''s. Not four hundred yards wide, but all silk.
Dr. Shark has had ten years experience in dental work and is a graduate of Iowa City School of Dentist.
Mrs. Neta Crowder from South Canadian is the guest of Mr. and Mrs. E. C. McLaughin. Mrs. Crowder and little son arrived on No. 1 Tuesday.
Mrs. Henry Breedlove and daughter Miss Bessie, came in from Coalgate and stopped at the Dillon House this week. Mrs. Breedlove went south on the Flyer Monday.
We acknowledge with thanks to Dr. LeRoy Long of Caddo, the receipt of an invitation and program to the Territorial Medical Association which meets at South McAlester June 20th and 21st.
Miss Mary Elitzka, who was an assistant to Mrs. Ewing when the Bates House was first taken by Mr. and Mrs. Ewing, is back with them again. She arrived Atoka from Ardmore the first of the week.
When the Dawes Commission arrives in Atoka it will have a new name to enroll as a member of Julius Folsom's family. This young lady arrived last Friday and is quite an important personage in the home circle.
A. C. Messick sold out his restaurant here this week to Pady McGulgan and will take charge of a general merchandise business at Caney for Zy Dulaney. Mr. Messick called on THE CITIZEN, paying up old scores and advancing his subscription to be continued to him at Caney.
Miss Etta Dillon and Luella
Winams accompanied Mrs. Chas LaFlore home last Friday and returned Tuesday. The young ladies are elated and exultant in their description of the good times they had at Limestone. Young folks from South McAlester joined them.
Sam Smiser returned to Wilburton Monday.
Dr. Allen of Coalgate was in town last week
Wm. McBride was at Wilburton since out last issue on Masonic business.
REv. J. W. Murrow preached at the Baptist church in South McAlester last Sunday.
Blacksmith Moberly and some others made a trip to Arkansas during the last ten days.
R. W. Officer returned last week from a trip to the Chickasaw country, and filled an appointment at Savanna last Sunday.
S. B. Scratch, J. D. Lankford and J. T. Sandford spent the latter part of last week in the pineries and among the turkeys.
Mr. and Mrs. Mike Conlan and daughter Miss Lottie returned from a weeks visiting at South McAlester last Saturday on the 3:35 Flyer.
W. s. Williams of Stringtown was at our office the 20th inst. and added his name to our 1700 list of names.
Miss Anna Rathburn came in from Coalgate Saturday and will spend the summer months with Mrs. Clapper; but visit Coalgate weekly to continue her music class there
Rube Freeney, and independent country gentleman, and
Dr. T. M. Morgan of Ego were in our city the 20th inst and remembered THE CITIZEN in a most acceptable and substantial manner.
Mr. and Mrs. H. M. Browner were in town trading Saturday and Misses Lula Browner and Sadie Sandford went out home with them to enjoy country air, freedom and stay until Monday.
Mrs. Dr. Emmerson of Van Alstyne, Texas, a sister of Dr. Fulton stopped over in Atoka Saturday remaining until Monday afternoon. She left on No. 2. Monday to visit Mr. and Mrs. J. D. Fulton of South Canadian. Master Zack and baby Fulton accompanied their mother.
C. H. Jones of Bokchito and
James Johnson were in town last Saturday to visit Solomon Hotema. James Johnson's mother is Hotema's sister. These two Choctaw gentleman expressed themselves as being much impressed with the beauties of the resident part of Atoka. They also visited our office and subscribed for THE CITIZEN.
The recital by Prof. Abbott at the Methodist church Monday night was indeed a success. We commend him to any audience. He pleased all classes and tastes in his variety. He is a master artist in his profession and a great treat is in store for those who are to hear him. There is nothing ordinary about him, and his selections are of the purest, most refined, enobling (enobling spelled as appeared in newspaper)class__yet fun and enjoyable features are well disbursed through the program. We were highly entertained.
Ed. Adams is at home on a visit.
J. D. Lankford went to Lehigh Wednesday.
Mrs. Harland is a guest at Mrs. McLaughin's.
Ice cold drinks and ice cream at c. R. Smith & Co.
Arthur Jones of Lehigh was in town Monday night.
Miss Lucy Irons went to Sherman last week to remain some time.
Mrs. Dulaney has been quite sick for some time but we learn is better now.
Miss Woods of Stringtown was the guest of Miss Scratch the first of this week.
Mr. Wood, a teacher of penmanship and book keeping, is in town organizing a class.
Max Miller and Tom Norwood took a jaunt in the country the early part of the week.
Dr. Shark is on hand at the Davis Dental Parlor to attend all those who need such work.
Mason's fruit jars and jelly glasses cheaper than ever was known before at C. R. Smith & Co.
Surveyor W. S. Hawkins, J. G. Ralls and
Willie Surrell were at work on Judge Rall's farm last week.
Rev. Wm. Merrill and Rev. Walter Kennedy of Coalgate attended services at the Baptist church Sunday.
Miss Henrietta Ward from Wards Chapel and
Miss Bessie Ward from Kiowa are the guest of Mr. Wm. York's family.
C. E. Gilmore, representing the Scarff & O'Conner Dallas house, was in town Tuesday circulating in business houses.
Prof. W. M. Martin of Ardmore, arrived in our city Wednesday and delivered his lecture at the Baptist church as announced that night.
Mrs. Bertha Salmon Standley has moved her business location to the restaurant stand north of J. D. Langford"s drug store and south of Miss Nora B. Smisers millinery shop.
Rev. Trickey and Presiding Elder Miller left Wednesday for District Conference at Durant. Mr. Trickey will not be here Sunday, but his pulpit will be ably filled by Judge John Linebaugh.
Mrs. Hiram McBride and her little folks arrived in Atoka Wednesday in time to attend the closing exercises of the baptist Academy in which her daughter, Hattie, is a prominent participator. Mrs. McBride is an old friend and neighbor of many residents here who will give her a warm welcome.
We are indebted to
Mrs. Edwin Ludlow for an invitation to the Commencement Exercises of the Hartshorne graded school Friday evening the 26th inst. The program is a dainty and artistic getup in its style and selections, musical and literary, attest a faculty of cultivated and refined tastes and talents. We only regret that it is not our privilege to attend.
Mr. McArthur, The Choctaw school supervisor, arrived in our town Tuesday and remained to attend the Commencement exercises at the Academy. Mr. McArthur is an experienced worker in his line, backed by the finest and best recommendations, and a gentleman whose personal manners insure one of his personal worth. The Choctaw schools are in fine hands.
Notice
To the Non Citizens of Atoka County: You are hereby notified that it is a violation of the Choc-law for non citizens to cut prairie or wild grass, and any and all violaters of this law will be prosecuted.
J. L. Ward
Sheriff of Atoka County
Mrs. Townsend Dead
Ardmore, I. T., May 17.__Judge Townsend departed today for Cleveland, O., to attend the funeral of his aged mother, Mrs. E. Townsend. During his absence court adjourned until his return.
Mr. and Mrs. Eli Powers and little daughter of Wapanucka, spent several days recently at Dr. E. N. Wright's, under medical treatment and care. Mr. Powers returned home Monday, but Mrs. Powers received a fall which has caused a delay in her going home.
A railroad engineer said he met the Clark Brothers boa constrictor this side of Colbert, I. T., and he was making Katy flyer speed to warmer parts. We hope the people of colbert will give this guest a warm welcome__banquet him.
Mr. and Mrs. J. E. Adams gave a gining to elderly ladies last Tuesday in honor of their guest, Mrs. Shelby, and Mesdames Russell, Colbert, Summerville, and Sullivan were present. Mrs. Adams is knows to be skilled in the art of fine cooking and serving the same.
WM. M. Dunn, Atoka, I. T., Ranche west 9 miles of Atoka, I. T., Bramd D. U. N. on either side Wattle or dunlap under the throat. No cattle sold except for shipment. Any one seeing cattle in this brand driven away or having information of any stolen, will please notify me at once. $50.00 Reward. Wm. M. Dunn