The American Indian in the United States, Period 1850-1914 / ... The Present Condition of the American Indian; His Political History and Other Topics; A Plea for Justice

by Warren K. Moorehead

CHAPTER XVI. THE LEASING SYSTEM; CHOCTAW AND CHICKASAW; FINAL RECOMMENDATIONS

Few Indian matters in our honorable Congress have had more publicity than the so-called McMurray contracts. Several chapters of this book could be devoted to describing the propositions made by Mr. McMurray and his associates and the far-reaching effects on the Indians of Oklahoma were these carried into effect. But I must content myself with calling attention to the bibliography at the end of this chapter. The testimony and investigations cover hundreds of pages.

Mr. McMurray made contracts with thousands of Indians on a percentage basis. P. J. Hurley, Esq., attorney for the Choctaw Indians, opposed the McMurray contracts before Congressional Committees and in court. Hurley contended that McMurray would receive at the least possible estimate $3,500,000 in fees, the undistributed portion of the Choctaw and Chickasaw estate being $35,000,000 minimum valuation. The struggle for so large a stake has extended through a number of years. So far Mr. Hurley, and other friends of the Indians, have succeeded in preventing McMurray carrying his contracts into effect.

The Choctaw and Chickasaw affairs are both interesting and complicated, and tell a different story from that of the Creeks. Further reference to Cherokees and Seminoles may be omitted, as their story is practically that of the Creeks.

A little more than two-thirds of the entire acreage—a vast domain over 200 miles east and west, and an average of approximately 100 miles north and south—was allotted and sold for the benefit of these three classes of Indians, the Choctaws, Chickasaws and Mississippi Choctaws, about 37,600 in number—a little more than one-third of the total Oklahoma enrollment.

The eastern third of this territory is especially rich in coal and hardwood timber. What is shown upon the map as the Choctaw Nation contains the largest coal deposits in what is generally known as the Mississippi valley, and when allotment of lands began in 1903, this country was practically covered with a rich growth of pine timber of the finest quality.

The Chickasaw Nation comprised the greatest agricultural and stock-raising lands, some of which had been under cultivation for half a century. By the use of these vast estates, they became well-to-do and self-supporting. The richness of the country becoming known, Whites and negroes flocked to Indian Territory with the idea prominent that they were going to be permitted to homestead the surplus land, as had been the custom in breaking up Indian reservations. With the opening of the Cherokee strip, the Cheyenne and Arapaho and the Iowa and Comanche reservations on the west, comprising all of the western half of Oklahoma, immigrants flocked to these openings. Some of the best of them remained as farmers in that great western country. The riff-raff, after exploiting those western and northern reservations, came back to Indian Territory to ply their vocations at the various allotting agencies among the Five Civilized Tribes.

By 1903 all kinds of land, livestock and timber companies were at work; skillful lawyers schemed to change the laws. More than one Indian, disgusted with the “Christian” white man, stayed in the Choctaw hills among the pine forests and refused to come out and perform the duties necessary under the laws made for him in order that he might receive his allotment. Each man, woman and child was to receive $1040 worth of land, appraised at from twenty-five cents to $6.50 per acre; also 320 acres of average land. He was supposed to look it over, and being satisfied with it, come to the land office and file his “descriptions” with an affidavit that he owned such improvements, if any there were, and the possessary right to the land selected. He could not be induced to come. It cost money to go 200 miles over into the Chickasaw Nation, or even to find suitable land in the Choctaw Nation.

Under the allotment act the members of the tribes were given the right to alienate one-half their lands within five years from date of patents. The more ignorant classes were more easily influenced, and runners were employed to go over in the Choctaw Nation and “shell the woods” for Indians. Sufficient quantities of whiskey, an interpreter, and expense money were all that was necessary. Indians were brought into the allotting agencies by the score. He was taken out in a conveyance and driven a few miles from the agency and shown the best improved farm in the country, a deal made with him to lease the land for five years in consideration of the purchase of the possessary right to the land. His plans were prepared for him. His allotment known as surplus which would be alienable within five years, was plotted upon improved lands which he had never seen and the balance of his land known as homestead selected for him in some out of the way place, generally upon the hills. To this day most of these full-blood Indians have never seen nor set foot upon their several allotments.

A case or two illustrating Choctaw and Chickasaw affairs is illuminating of general conditions. Addie B. Fasler was a minor full-blood Indian about twelve years of age in 1907, and a certain man was made guardian for her. Under a new act of Congress an additional judge had been appointed in the southern district, Judge J. T. Dickenson, and he had been assigned the northern half of the district by agreement between himself and the other judge. This application was presented to him for approval. Judge Dickenson refused to appoint the one requested, but upon his own motion selected a man by the name of Wright living at Sulphur. Up to this time such independence on the part of the judiciary was unusual and war from this time on existed between the old and the new judge. Wright found his ward in squalor. He found that she owned, by reason of the death of her family, four allotments besides her own—that they consisted of something like a thousand acres of improved land, the larger part in cultivation; that all of this land had been in the possession of a Mr. Mullen since allotment, and was at that time being rented out by Mr. Mullen for an average rental of $2.50 per acre per year. Mr. Wright employed attorneys and began proceedings to recover these lands for his ward. He was met at the hearing by a subsequently appointed guardian from the central district who had been appointed at the instance of Mullen. The hearing was had before the old judge who promptly held that the domicile of the minor was in the central district and that the United States Court for the southern district had no jurisdiction to appoint Mr. Wright guardian. What has become of Addie B. Fasler or her vast estates? She is one of the many now “unknown” since her property is gone.

After statehood, the Chocktaw and Chickasaw Nations were cut up into many counties and probate matters transferred to the County Courts of the counties which included the court towns. Provisions were made to transfer probate cases to the county which would have had jurisdiction had such case been inaugurated after statehood.

Little effort has been made to transfer these cases, because the Indians themselves are ignorant of the fact that administrators and guardians have been appointed elsewhere and only in those instances where the grafter wants to sell or lease the land is any pretense made to have everything regular. This condition has resulted in the appointment of guardians in the counties of the residence of the minors to recover lands and rentals. Much litigation has grown out of these conflicts, and it is safe to say that in very few instances have the grafters surrendered to the Indian lands allotted to him.

Charles McKinney is an ignorant, easy-going quarter-blood Chickasaw with four or five minor children. Their lands were scattered in Poulatre, Johnson, Marshall and Carter Counties. He was their guardian. He sold these various allotments through the County Court of —— County and received something like $7000. The mayor of the city was on his bond. A certain judge, the mayor and several other politicians decided to buy a local newspaper which was too independent for the good of the party. This money was loaned to the mayor, who gave as security a mortgage upon several tracts of land which he did not own, and used the money in the purchase of the newspaper plant; the latter became insolvent and was sold by its creditors, and the guardian squandered the balance of the money.

The Mississippi Choctaws are Indians of a low order of intelligence. They were imported into this country in 1902 and 1903 by land companies, among which was the Choctaw Investment Company, now defunct, and J. E. Arnold. They were herded in barracks around Ardmore and other places during 1902, 1903 and 1904; the smallpox broke out among them and they died like sheep. Before they left Mississippi, contracts were made with them in which they agreed to prove up on their lands and sell them to the promoters.

The stockholders of the Chocktaw Investment Company and other non-residents furnished the money and have stood the loss, but J. E. Arnold and Senator Owen are now pressing before the Court of Claims large accounts for allowance. To secure these claims if allowed, J. E. Arnold has filed a lien upon almost every allotment of a Mississippi Choctaw in these two nations. Congress has recognized these claims by permitting them to be litigated.