USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 52
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The court was given jurisdiction in all civil cases between citizens of the United States residing in the Indian territory, or between citizens of the United States or of any state or terri- tory therein, or any citizen or person residing or found in the Indian territory, when the value of the thing in controversy or the damages claimed shall amount to one hundred dollars or more, but no jurisdiction was conferred upon the court in respect to con- troversies between persons of Indian blood. Final judgments of this court, where the amount of controversy exceeds one thousand dollars, could be reviewed and reversed or affirmed by the supreme court of the United States. Two terms of the court were to be held at Muskogee. All proceedings were to be in the English lan- guage.
By Section XVII the Chickasaw nation and a part of the Choc- taw nation were annexed to and made a part of the eastern judicial district of Texas for judicial purposes.
By Sections 20, 21, 22, 23, 24, 25, and 26 certain crimes and
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misdemeanors are defined and punishment prescribed for the same, but the provisions of the same shall not apply to the offenses com- mitted by one Indian upon the person or property of another.
By the act establishing the territory of Oklahoma, hereinbe- fore referred to, the act of 1889, establishing a court in the Indian territory, was largely amended. The court was given jurisdic- tion, in addition to that conferred by the act of 1889, in all civil cases in the Indian territory, except cases where tribal courts have exclusive jurisdiction, and in all cases on contracts entered into by citizens of any tribe or nation with citizens of the United States ; that for the purpose of holding terms of court the territory was divided into three divisions, 1, 2 and 3, and the boundaries of each division established.
Crimes were to be prosecuted in the division in which the offense was committed and civil suits instituted in the division where the defendant lives. The act provided, however, that the judicial tribunals of the Indian nations should retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the nation shall be the only parties, and in respect to such cases the laws of the state of Arkansas extended to the Indian territory should not apply.
Section XXXI extends certain general laws of the state of Arkansas to and puts them in force in Indian territory. The act further provides as follows :
"But nothing in this act shall be so construed as to deprive any of the courts of the civilized nations of exclusive jurisdiction over all cases arising wherein members of said nations, whether by treaty, blood, or adoption, are the sole parties, nor so as to inter- fure with the right and power of said civilized nations to punish said members for violation of the statutes and laws enacted by their national councils where such laws are not contrary to the treaties and laws of the United States."
Exclusive original jurisdiction is given the United States court in Indian territory to enforce the provisions of chapter 4, title 70 of the Revised Statutes of the United States entitled "Crimes against justice."
By Section XXXVI jurisdiction is conferred upon the United States court in Indian territory overall controversies between mem- bers and citizens of one tribe and members or citizens of another tribe, and a citizen of one tribe who commits an offense or crime against the person or property of another tribe shall be subject to the same punishment as though he were a citizen of the United States. The United States conrt in Indian territory is given
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INDIAN TERRITORY, RECENT CHANGES.
power to appoint United States commissioners as United States circuit courts, etc. Such commissioners shall exercise thie pow- ers of the justices of the peace as prescribed by laws of Arkansas, and appeals may be taken from final judgments of such commis- sioners to the territorial United States court. Appeals and writs of error may be taken from the United States courts in Indian ter- ritory to the supreme court of the United States as in cases from the circuit courts of the United States.
By the act of March 1, 1895 (28 Stat., 693), Indian territory was divided into three judicial districts, defined and described in the act, and provision was made for the appointment of two addi- tional judges, making three judges in all, or one judge for each district. Provision was made for the appointment of an attorney and marshal in each of said districts, as well as for clerks of the courts. Each of the judges was given the power to appoint court commissioners within his district. Certain portions of the criminal laws and criminal procedure of Arkansas was extended to Indian territory. The United States commissioners were to have the power of justices of the peace in preliminary criminal examinations. Appeals could be taken from the commissioners to the United States courts.
By Section IX the United States court in Indian territory was given exclusive original jurisdiction of all offenses committed in said territory of which the United States court then had juris- diction, and after the Ist of September, 1896, to have exclusive original jurisdiction of all offenses against the laws of the United States committed in said territory except such cases as the United States court at Paris, Tex., Fort Smith, Ark., and Fort Scott, Kan., had acquired jurisdiction of before that time. And should also have original jurisdiction of civil cases in the United States court in Indian territory and appellate jurisdiction of all cases tried before the commissioners. And all laws theretofore con- ferring jurisdiction upon the United States courts held in Arkan- sas, Kansas and Texas, outside of the limits of Indian territory as defined by law as to offenses committed in said Indian terri- tory, as herein provided, are repealed, to take effect on Septem- ber 1, 1896; and the jurisdiction now conferred by law upon said court is hereby given on and after the day aforesaid to the United States court in Indian territory.
That the several judges of the United States court in Indian territory shall constitute a court of appeals, to be presided over by the senior judge as chief justice. Said court was to have the like
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jurisdiction and power over inferior courts in Indian territory as the supreme court of Arkansas has over the inferior courts in that state, with the same jurisdiction in respect to appeals and writs of error; and the laws of the state of Arkansas, in respect to appeals and writs of error, are made applicable and extended to and put in force in Indian territory. Writs of error and appeals from said appellate court in Indian territory may be tken to the circuit court of appeals for the eighth circuit in the same manner and under the same conditions as appeals from the circuit courts of the United States.
By the act of June 7, 1897 (30 Stat., p. 83), it was provided :
"That on and after January 1, 1898, the United States courts in said Territory shall have original and exclusive jurisdiction and authority to try and determine all civil causes in law and equity thereafter instituted and all criminal causes for the punish- ment of any offense committed after January 1, 1898, by any per- son in said Territory, and the United States courts in said Terri- tory shall have and exercise the powers and jurisdiction already conferred upon them by existing laws of the United States as respects all persons and property in said territory ; and the laws of the United States and the State of Arkansas in force in the Territory shall apply to all persons therein, irrespective of race, said courts exercising jurisdiction thereof as now conferred upon them in the trial of like causes ; and any citizen of any one of said tribes otherwise qualified who can speak and understand the Eng- lish language may serve as a juror in any of said courts."
This act also provides for an additional judge in said territory, making four judges in all.
By Section XVI of an act of congress, approved March 3, 1893, the Dawes commission was appointed, taking its name from the chairman, Henry L. Dawes, for many years a member of the senate committee on Indian affairs, and recently deceased. The other members of the commission were Maj. M. Il. Kidd of Indi- ana, and Capt. A. S. MeKennon of Arkansas, the commission being increased later on to five members. The avowed purpose of this commission was to prevail upon the five civilized tribes by friendly negotiation if possible to abandon their tribal relations and prepare to become citizens of the United States. To persuade these Indians, numbering 80,000, by friendly conference and with- out the interference of congress to consent to the division of their land's in severalty, proved a hopeless undertaking. The Dawes commission, after two years of labor, so reported to congress and advocated legislation to gain the desired end.
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INDIAN TERRITORY, RECENT CHANGES.
The Curtis act, dated June 28, 1898, followed, and is the most important piece of legislation affecting the Indian territory and the solution and final settlement of the Indian problems.
By the Curtis act, jurisdiction is given to the United States courts in the territory to pass upon the claims of citizenship or membership in the respective tribes and claims to property as such in the tribes.
By Section XI, when the roll of citizenship of any one of said nations is completed and the survey of the land finished, the segre- gation of the lands shall commence by allotments under the Dawes commission, etc.
Provision is made for the leasing of oil, coal, asphalt and other mineral lands in the territory.
Provision is also made for the incorporation of towns and cities and the election of officers thereof, and the establishment of schools, and for these purposes the laws of the state of Arkansas are applied and extended.
Provision is made for surveying and laying out town sites and for the disposal of the lots.
Provision is also made for making up the rolls of citizenship, including that of freedmen, and rules are laid down for the estab. lishment of such citizenship.
Leasing of agricultural or grazing lands after the Ist of Janu- ary, 1898, by the tribes or any member thereof is absolutely pro- hibited and declared null and void, and all such leases, made prior to that time, shall terminate on the ist of April, 1899.
Section XXVI provides, that after the passage of the act the laws of the various tribes or nations of Indians shall not be enforced at law or in equity by the courts of the United States in Indian territory.
Section XXVIII provides :
That on the first day of July, 1898, all tribal courts in Indian ter- ritory shall be abolished, and no officers of said courts shall there- after have any anthority whatever to do or perform any act there- tofore authorized by any law in connection with said courts, or to receive any pay for same ; and all civil and criminal causes then pending in any such court shall be transferred to the United States court in said territory by filing with the clerk of the court the original papers in the suit : Provided, That this section shall not he in force as to the Chickasaw, Choctaw, and Creek tribes or nations until the first day of October, 1898.
Section XXVIII of this act contains a ratification of an agree- ment between the Dawes commission and the Choctaw and Chick-
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asaw tribes providing for allotments of land, etc., giving various details ; also provides for the right of way of railroads. Provision is also made for the laying out of town sites and for the operation of coal, asphalt, and other mines.
Provision is also made for the jurisdiction of United States courts in certain cases.
Provision is made for the continuance of the tribal governments for eight years from the 4th of March, 1898.
Section XXX provides for the ratification of an agreement with the Creek Indians. This agreement contains provisions for the allotment of land for town sites. Also for the jurisdiction of courts.
By the act of February 18, 1901 (31 Stat., p. 794), certain pro- visions of the laws of Arkansas, in relation to corporations, etc., are extended to and put in force in the Indian territory.
By the act of March 3, 1901 (chapter 868, 31 Stat., p. 1447), every Indian in the Indian territory is made a citizen of the. United States.
In March, 1902, Mr. Moon, from the committee on the territo- ries of the other house, submitted a report to the house of repre- sentatives (Report No. 956, first session Fifty-seventli Congress) to accompany H. R. 12268, which recommended the creation of Jefferson territory out of the area now embraced within the bor- ders of Indian territory. In that report the committee considered the question of taxable property and reported as follows :
The real estate in the Indian territory is at present exempt front taxation, the title to the whole body of the lands outside of the towns being yet in the Indians, but the taxable property is suffi- cient to support a territorial government. The following data, obtained from reliable sources, give a conservative estimate of some of the property subject to taxation.
Ninety incorported towns, including only about 75,000 of the population, have an assessed valuation of taxable property of twenty million dollars. A conservative estimate of the taxable value of unincorporated towns is five million dollars. There are 1,500,000 head of cattle, 400,000 head of horses, 65,000 head of mules, about 400,000 hogs, and 25,000 head of sheep. There is invested in coal-mining and coke-oven properties about four mil- lion dollars. There are 1.415 miles of railroad in operation, and about 300 miles now under construction. A conservative estimate of the entire taxable wealth of the territory could not be less than sixty million dollars. No estimate is made of corn, wheat, oats and cotton, which are also extensively produced in the territory.
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INDIAN TERRITORY, RECENT CILANGES.
In view of the current legislation that is about to be enacted by congress relative to the Indian territory, the following estimate of alienable and inalienable lands in the territory, and when alien- able, is of moment :
Seminoles, 253,418 acres, alienable when patent issues.
Seminoles, 110,160 acres (40-acre homesteads) ; inalienable in perpetuity.
Cherokee, 3,631,351 acres, alienable in five years after issue of patent.
Cherokee, 1,400,000 acres (40-acre homesteads) ; inalienable during life of allottee, not exceeding twenty-one years.
Creek, 2,560,853 acres, not alienable without consent of secre- tary of interior till five years after approval of supplemental treaty (June 30, 1902).
Creek, 596,960 acres (40-acre homesteads) ; inalienable for twenty-one years after date of deed.
Choctaw and Chickasaw. 5,780,935 acres ( 160-acre home- steads) ; inalienable during life of allottee, not exceeding twenty- one years fom date of certificates of allotment.
Choctaw and Chickasaw, 5,000,000 acres, alienable-one-fourth in one year, one-fourth in three years, and one-half in five years after issue of patent.
The political conditions prevailing in the territory today are peculiar. The Indians (embracing all who possess the coveted "head right") hold fast to the reins of government and the right to own lands outside of the towns. The whites, ontnumbering the Indians by three to one cannot make roads and other public improvements as they have no power to raise taxes, and above all have inadequate school facilities.
The question of statehood is now the paramount issue before the people of the Indian territory as well as the territory of Okla- homa. The majority of the people of these two territories appear to desire single statehood, and the following bills have been intro- duced in congress looking to this end :
H. R. 4570, introduced by Mr. McRae, December 10, 1901, to authorize single statehood for Oklahoma and Indian territories as the state of Oklahoma, and for other purposes.
H. R. 9675, introduced by Mr. Stephens, January 21, 1902, to provide for the union of Oklahoma territory and the Indian ter- ritory, and to enable the people thereof to form a constitution and state government, and to be admitted into the Union as the state of Oklahoma on an equal footing with the original states, and to make donations of public lands to said state.
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3368, introduced by Mr. Patterson, January 30, 1902, to provide for the union of Oklahoma territory and the Indian ter- ritory, and to enable the people thereof to form a constitution and state government, and to be admitted into the Union as the state of Oklahoma on an equal footing with the original states, and to make donations of public lands to said state.
H. R. No. 12543, known as the Omnibus bill, and passed by the house of representatives, provides for the admission of Oklahoma, Arizona and New Mexico as states. It was introduced in the senate May 12, 1902, read twice and referred to the committee on territories. During the summer of 1903 a subcommittee of the committee on territories, consisting of Senator Beveridge (chair- man), Senator Dillingham, Senator Burnham, and Senator Heit- feld, visited the territories named in the above bill, and also the Indian territory, for the purpose of investigating conditions rela- tive to the admission of said territories to statehood. This sub- committee made an elaborate report and as a result of their. work a majority of the committee on territories, Senator Nelson of Min- nesota, chairman, amended the Omnibus bill by rejecting the claims of Arizona and New Mexico for statehood and on Decem- ber 3, 1902, reported a substitute providing for the admission of Oklahoma and Indian territories as a single state. The minority of this committee, under the leadership of Mr. Onay of Pennsyl- vania, advocate the admission of Arizona, New Mexico and Okla- homa (exclusive of Indian territory) and the question is at this writing before the senate for consideration.
The resources of the Indian territory, which Senator Nelson states is the richest section of this country, should be touched upon. The soul of Indian territory is adapted for farming and grazing purposes, but it is abundantly supplied with timber, coal, asphalt and oil lands, and also granite, limestone and other build- ing stone. It has been estimated that there are 1,000,000 acres of commercial timber in the territory, most of which is in the mountain districts of the Choctaw nation. The varieties of tim- ber are pine, oak, hickory, elin, maple, ash, walnut, hackberry and pecan. The pecan trees annually yield a large crop.
The coal fields have been only recently developed. They are said to underlie from 1,200 to 1,500 square miles of territory at a conservative estimate. They lie in the Choctaw, Chickasaw, and Creek nations, principally. The secretary of the interior, in his report for 1902, says :
"The output of coal for the year ended June 30, 1902, was, 2,741.797 tons, an increase over that of the preceding year of
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INDIAN TERRITORY, RECENT CIL.INGES.
15,739 tons; the value of the coke production was two hundred three thousand five hundred and thirty dollars.
"The number of operators producing coal during the current year was 60, as against 28 for the preceding year. The number of mine openings have increased ; 8 slopes have been abandoned ; 4 new shafts have been sunk; 30 new slopes and 3 new drifts, showing a net increase of 29 openings for the current year over the preceding year.
"Mlie total number of men and boys employed in the mines for the current year was 6,234. For the preceding year 5,272 were employed, thus showing an increase of 962 men and boys.
"As contemplated by the agreement with the Chickasaw and Choctaw nations, practically all of the coal and asphalt mining operations, which have heretofore been carried on under national contracts, are now under formal leases entered into by the mining trustees and approved by the Department, with good and sufficient bonds seenring the performance of the stipulations of such leases, payment of royalties, etc. These leases have been made for a term of thirty years, with a royalty on coal of eight cents per ton, mine run, and on asphalt ten cents per ton on crude and sixty cents per ton for the refined material. But few leases have been made during the year except such as were in the nature of renew- als of old national contracts, the policy of the Department being to discourage speculative applications.
Lead, iron and zinc are known to exist in the Cherokee, Choc- taw and Creek nations, and some gold and silver have been found, but to what extent they do exist is an unknown problem. Fables of old Spanish silver mines are current in every community.
The following statement relative to Indian territory, including its size, population, resources, political conditions prevailing, and reasons for joint statehood with Oklahoma territory, was pre- pared by Rev. A. Grant Evans, president of the Henry Kendall college, of Muscogee, 1. T., at the request of Senator Beveridge of Indiana.
The Indian territory contains 19.776,286 acres, or about 31,000 square miles. The territory of Oklahoma contains 39,000 square miles, so that the state made by the union of these two territories would contain, in round numbers, 70,000 square miles. This would make it about equal in area to either Missouri or North Dakota. In size it would be the fifteenth state of the Union, and would be as large as the whole of New England, with the state of New Jersey added. It would have a much smaller proportion of arid and otherwise unproductive land than the majority of the
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great states of the West, so that in area of lands capable of being. made inmediately productive it would rank much higher than fifteenth in the list of states. It has an almost ideal diversification of surface and an unsurpassed climate. While the agricultural wealth of Oklahoma is immense, it is deficient in mineral resources. The Indian territory not only well supplies this defi- ciency with its vast coal fields, but is also very rich agriculturally, besides having considerable wealth in timber. The climatic con- ditions are such that the characteristic crops of the North and the South can both be raised advantageously.
With reference to the mineral wealth of the Indian territory, according to the report of the Indian agent for the five civilized tribes for the fiscal year ending June 30, 1902, there were pro- duced in that year approximately 2,800,000 tons of coal. The development of the coal fields has only begun. About 500,000 acres are being segregated as coal lands, and will not be allotted, but sold for the benefit of the tribes. The government surveyors estimate that there are not less than 1,000,000,000 feet of soft lumber, principally Norway pine, and there is much very valuable hard wood timber. The agent also reports for the year ending June 30, 1902, the following agricultural products for the Indian territory alone :
Wheat, corn, and cats bushels .. 4.500,000
Vegetables .do .... 4,000,000
Cotton . bales. . 60,000
Hay .tons. . 75,000
The climate and soil are admirably adapted to fruit culture, and this will undoubtedly be a considerable source of wealth in the future. Raising quantities of raw materials and having vast sup- plies of fuel, there would seem to be every probability that the state thius formed would take advantage of its advantageous loca- tion, within easy reach of the Gulf ports, to develop considerable manufacturing importance. It has every natural advantage for this. The population of the two territories, according to the cen- suis of 1900, is as follows: Oklahoma, 398,000, and Indian terri- tory, 392,000, making a total of 790,000. It is claimed on all hands that there has been an unprecedented increase in population in both territories during the past two years.
A very conservative estimate of population of the two territories is 1,000,000. If, combined, they come in as a state with this pop- ulation, the new member of the Union would be more than twice as great in population as any state of the Union was at the time of its admission. It would rank as to population not lower than
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INDIAN TERRITORY, RECENT CHANGES.
twenty-eighth, which is to say that only three-fifths of the states are at present larger than this new state would be. According to the census for 1900 the new state would also be very remark- able for the proportion of native-born Americans in it. Of the population of the Indian territory in 1900, ninety-eight and seventy-six hundredths per cent are reported as native Americans and only one and twenty-four hundredths per cent foreign born. Almost as remarkable a showing is made in Oklahoma; so that the two territories united would make a thoroughly American state, fairly up to the average of the great Western states in area, with an ample population, and with such resources as would insure its taking very high rank among the states of the Union.
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