Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-05-22

S4tcS. HaNy yafuS, 0fc-. Dut no Oni
supposts such tracts to be part a
the public domain. But, as if-ts
set this beyond DISPUTE, section 225s
of the Revised Statutes says Athal
Hands included in any reservarfor
by any treaty, law, or proclama.
ton Of the President. for any pur.
! pose, shall not be subject 10 the
rights Of pre-emption unless other.
wise specially provided for by
law. " Pre-emptiOn laws only ex.
tend TO unappropriated lands. and
these lands were appropriated to i
certain use by The treaty under
which tb were acquired-vis
the use frsedmon and friendly
Indians G.sSm the GovernmeE.
might wish TO locate there. II
does not follow that these lands
must all be given to such, tribes
Immediately. They are held in
trust for exigencies. By the treaty
of 1866 many tribes have been so
settled, and presumably many
othes VIII be. Payne's party claim
also that the recent act Of Congress
prohibiting the settlement of other
tribes in the Indian Territory
threw all unOccupied land at that
date into the public domain. But
the act does not say so. The land
was originally obtained for a par
ticulaI purpose. limo other friend
ly tribes are allowed to be settled
in the Indian Territory, this land
should be divided among those al
ready there. Besides, this act
may be repealed by any subsequent
Congress, and the work of trans
ferring other friendly Indians TO
that country 60 on as before.
Driven from these positions, the
Payne "boomers" claim that the
Oklahoma lands were thrown open
to settlement by the sixth section
of an act of Congress approved
July p, 1866 granting laIds to aid
in the construction of a railroad
and telegraph line from the States
of Missouri and Arkansas, which
reads IS follows: That the
President Of the United States
shall cause the lands to be
surveyed for forty miles In width
on both sides Of the entire line
of said road after the general
route sVall be fixed and as fast as
may be required by the construct
ION Of said railroad, and the odd
sections of land hereby granted
shall not be liable to sale or entry
or pre-emption, befUre OF after
they are surveyed, except BY said
company, as provided in this act:
but the provisions OF the act OF
September, ISL, granting pre-em-
ptlOn rights and the acts amenda-
tory thereof and the act entitled
an act 10 secure homcsteads 10
actual settlers on the public do
Lin, approved May 20, 1862,
shall be and the same is hereby
extended TO all other lands on the
line Of said road when SURVEYED.
those hereby granted to
said company" The Government !
has continuously asserted that
these provisions Of this act did not /
apply to the lands in the Indian /
Territory. The railroad company /
did not claim that the language
quoted applied to land in the In
dian Territory. The United States
might be pardoned for granting a
necessary right of way through the
Indian Territory against the pro-
.ests Of all the Indians concerned. |
pat none but a Pavne hummer has
ever before claimed that enough I
additional land could be taken to (
pay for building the railroad. The |
reaty by which the United States
.1lned title TO the land provided
hat 4 should not be used for anv
'ther purpose than the one named /
Without the consent Of both Creeks
md Seminoles. This has not and
an not be obtained.
TIE LAW DEFEATED.
In addition to this, the decisions
f United States Courts in similar
ases are numerous and Uniform to
he effect that whenever a tract of
and has been once appropriated to
'ublic use it Is severed from the
lublic domain, and that spplies
pecially to the Indian reservations.
apt. Payne has been repeatedly
lected from the Indian Territory
5 an intruder. The law provides
penalty Of 81 900 for each offense
the first. Two judg-
lents have been obtained against
i'm IN the United States Districts.
ut no property has been found
rom which 20 collect the fine.
he law is defective in not piovid-
~ some other punishment fer i'm
ecunlOus intruders- An amen da-
Dry act mas lately passed the Sen
te adding imprisonment, but has
OF been acted upon by the House.
n the meantime the boom goes on
ayne sells certificates Of member
mp 81 from 81 to So each, AMI the
ritter of this saw one numbered
),093- The surveyor of the col
NY charged two Of the men now
this post under arrest s35 each
II locating their claims, which fees
ley declared they paid. The
pini0n Of the Attorney General,
he declarations of the Interior
and the orders O. the
acretary Of War are counted as
lthing hY these men. rs ar.insf