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Ft. Gibson Post
Vol III No 32
Thursday June 23, 1898 (Part 1)
Abstracted / Transcribed by Linda Haas Davenport
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CURTIS BILL AGREEMENT The Curtis bill will become a law before July 1st. But two more steps are to be taken to make it such, and they are very short steps and sure to be taken. All that now remains to be done is for the senate to accept the agreement of the conference committee and for the president to sign the bill. This will be done during the present week, without a doubt.
The House Accepts the Conference Committee's Report
It is Now With the Senate and President
Some of the Important Amendments Agreed to.
Washington, D. C., June 21 -
Yesterday the report of the conference committee on the Curtis bill was accepted by the house without a dessenting vote.
In addition to the agreement reached by the conference committee the report contained the following:
"The senate recedes from its amendment which provides that in renewing any lease the rights of the lessees which have made sub-leases shall be protected, it being the opinion that the rights of all parties were fully protected by the provisions of the bill.
"The house accepts the senate amendments striking out the provisions of the house extending individual royalty on minerals under existing contracts for nine months after passage of the act.
"The house accepts senate amendment which provides for the levy and collection annually of a tax on the property of any city or town, for school and other purposes, not to exceed in the aggregate 2 per cent of the assessed value thereof.
"The house accepts the senate amendment striking out the house provision in regard to the commission to the five tribes, finding that Choctaw Indians claiming rights in the Choctaw lands who have removed to and in good faith have become residents upon the lands of the Choctaw nation.
"A sufficient amount of land is reserved to allow 40 acres to each of the Choctaw freedmen. The freed-
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men are to hold and use 40 acres until their rights shall be determined under the treaty of 1866, as shall hereafter be provided by congress.
"The house accepts senate amendments which change the house provisions in regard to the termination of all leases in the Indian Territory so as to limit them to agricultural and grazing leases; also to the amendment which makes all such leases made after Jan 1, 1898, by any tribe or member thereof, void, and agrees to the amendments which fix the dates for the determination of grazing leases made prior to Jan 1, 1898, on the first day of April, 1899, and so changes senate amendment No. 40 so as to permit individuals to occupy or rent their proportionate parts in tribal lands until allotments are made.
"The house accepts senate amendment which authorizes the secretary of the Interior to locate an Indian inspector in the Indian Territory.
"The house accepts senate amendment abolishing all tribal courts in Indian Territory upon the first day of July, 1898, and providing for a transfer of all civil suits to the United States court, with amendments referring all criminal as well as civil suits to said courts, and extending the time for the taking effect of said act in the Choctaw and Chickasaw and Creek nations until October 1, 1898.
"The senate accepts the house provision making it a misdemeanor for any person to hold more than his share of land and that of his family at the expiration of 9 months after the passage of this act, and fixing a penalty."
The following were some of the amendments added to the Curtis bill as published in The Post last week. Several other amendments were added by the conference committee, but we have not been able to obtain them so far:
That the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring suit in the Court of Claims of the United States, within sixty days after the passage of this act, against the Cherokee Nation, for the purpose of determining the rights of said Delaware Indians in and to the land and funds of said nation under their contract and agreement with the Cherokee Nation dated April <...> 1867; or the Cherokee Nation may bring a like suite against said
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Delaware Indian; and jurisdiction is conferred on said court to adjucate and fully determine the same, with right of appeal to either party to the Supreme Court of the United States.
That in all suits and proceedings under or growing out of this act, or in any manner arising therefrom touching personal and property rights, there shall be a right of appeal to the Court of Claims, circuit courts of appeal, and to the Supreme Court of the United States in favor to any party to such suit, or proceedings, and under the rules and regulations governing appeals from inferior courts to circuit courts of appeals, and to the Supreme Court of the United States.
Any person or corporation that is a party to any proceeding before any commission or court which involves a claim to any right or privilege arising under this act, or the right of citizenship in any tribe of Indians to which this act is applicable, shall have the right to appeal from the final ruling or judgment of such court or tribunal to the circuit court of appeals for the eight circuit, and from such court to the Supreme Court of the United States under the rules and regulations governing appeals in other cases.
The Secretary of the Interior is authorized to prevent any unlawful or wrongful use or occupation of tribal property in Indian Territory; and may locate one Indian Inspector in the Indian Territory, who may, under his authority and direction, perform any duties required of the Secretary of the Interior by law, relating to affairs therein.
On the first day of July, 1898, all tribal courts in the Indian Territory shall be abolished, and no officer of said courts shall hereafter have any authority by any law, in connection with said courts or to receive any pay for same, and all parties to civil suits then pending in any such court may transfer the same to the United States court in said Territory by filing with the clerk of the court the original <...> the suit, or copies of same duly verified as such, by the party taking such transfer, and said court shall try and determine the same in all respects as if said suit had been originally instituted therein.
COURT AT TAHLEQUAH.
Only the Criminal Docket Will be Reached this Term.
Tahlequah, I.T. June 22 - Special Report to The Post
The court officials of the Northern district seem determined to give Tahlequah a black eye in the matter of holding court in this city. They all seem too pressed with business elsewhere to give us the attention we deserve, and it seems that kicking does little good. The April term of court at this place was postponed until the present week and now the Judge announces that owing to pressing business elsewhere he can only give the criminal docket a lick and a promise, and that the entire civil docket must go over to the September term. Indeed, Tahlequah has a good right to kick against the discriminating tactics of the "powers that be."
The docket consisted Monday of about 60 cases each of criminal and civil business. Judge Springer is going ahead with the criminal docket, but it is said he will soon adjourn court tomorrow at noon, whether it is finished or not.
An old case against Tom Taylor et al, robbery dismissed on compromise.
Whisky case against Louis Dannenberry, dismissed.
Case against Ulises King and one Nave, assault, on trial. Same parties were convicted of larceny by jury trial, but sentence not passed.
Five Creek and Seminole boys plead guilty to cattle theft and were given five to six years.
The case of adultry against Lizzie Martin is on trial as court adjourned yesterday afternoon.
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A BURIED HOUSE The recent heavy rains have uncovered a number of interesting things. Down on the bank of the Grand river just below the railroad bridge is to be seen the protuding corners of what appears to have at once been a dwelling house, built of rough hewn logs. The logs are still intact and about ten to fifteen feet under ground.
The grinning skeletons of a man or woman was found by digging into what was once the interior of the house. Pieces of delf ware, and other articles of ancient household untinsels were found. Jesse Bagwell also found a 25-cent piece with date of 1765 plainly decernable thereon.
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The Post man picked up several relics of the prehistoric house Sunday afternoon, including a human rib and other bones, but could find no money.
The oldest inhabitants know nothing of the buried house, and the mystery is, how did it come there, and who were its unfortunate occupants when it was buried.
A STRANGE DISCOVERY
John Starnes, a well known farmer living east of Fort Gibson, has made what is termed an archeological discovery. During the late heavy rains a washout of a small stream on his farm laid bare five human skulls, some perculiar brass uniform buttons and a coin dated 1741. Neither the coin nor the buttons were American and so far the identity of their nationality is not known. Mr. Starnes has the articles on exhibition at his country house as proof of his strange discovery.
COL. WM P BOUDINOT
Startling Story that the Missing Man Has Committed Suicide
Just before going to press with this issue of The Post we find a somewhat starting article in yesterday's Fort Smith News Record regarding Col. Wm P Boudinot, who left this place several months ago and who has since been mysteriously missing, which fact has been fully set forth in this paper heretofore. The article referred to is an alleged interview with F J Boudinot of this place, in regard to his father's mysterious disappearance. As an items of news to the many friends of the missing man we reproduce the alleged interview as follows:
"My father has committee suicide," he said. "I do not think that there is any doubt of that, and while I have said nothing heretofore, it is probably best to now give the public the facts. My father disappeared in the early spring. He left for Kansas City, with the intention of taking treatment for a habit to which he was addicted. From Kansas City he was traced to Chicago, where on the 8th of April he was seen for the last time. About the middle of April I received a letter from him in which he said that he had come to the conclusion that it would be better for him and everyone else if he were to end his life. He said he proposed to start to Milwaukee on a lake steamer, and when he got a good distance from the shore he would jump into the water and end his life. Since then, although I have employed a detective to follow up every possible clew, I have not been able to secure the slightest trace of him. I have no doubt he carried out his plan. Lake Michigan is a large stretch of water and it is not at all strange that we have not yet recovered his body."
"What causes led to your father to end his life?" was asked.
"There were several. One of the principal reasons for his discouragement was the manner in which he had been treated in the settlement of the estated of my brother, E C Boudinot. He had trouble with the widow, but gave up on every point, and out of an estate of $20,000 received only $600. He was a man of fine sensibilities and was easily hurt, and his treatment in the matter wounded him to the quick."
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