Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1885-04-10
CROW CREEK.

LnVU NnE6h.
The Presidents Authority to Eject
the Settlers Questioned.
Chicago Tribune, 7th: According to the
statement Of Commissioner Atkin, the
government is determined to remove the
5000 families of settlers who have gone
into the Grow Greek country in Dakota;
and, if necessary to effect this purpose,
force will be used. This is going step
further than ever before in enforcing ar
bitrary and tyrannical measures against
the pioneer settlers of the west. There
Is no possible justification for it. In the
Oklahoma matter the land was not
technically open to settlement; but not
even that Aimsy excuse can be used
against the settlers in the Grow Greek
country. Under formal proclamation
issued by President Arthur. the reservs-
tion was thrown open to settlement, and
it was in pursuance of the express au-
thority and permission of the United
States that the settlers took up their
homesteads. They went into the coun-
try in swarms Immediately after the
course, all poor people. and most of them
had spent their little all in getting to
Dakota and making settlement. They
are now hard at work putting in their
first crop, and the word comes that the
force and turn them adrift as paupers
and beggars.
By what authority does President
| GIovo1op1 rroroso IN rocareo ho Town
acts of his predecessors in this matter
Mr.. Cleveland was elected to hold Office
from and after the 4th day of March,
1885, and he has no retroactive powers
that will enable him to extend his
authority over previous years and reverse
decisions that were finally made before
his term began. It will not be con-
tended that he could veto bill which
had been approved by Arthur, or that
he could 60 back and reverse Lincoln'e E
| proclamation of emancipation, if be
should happen to think it illegal. There
would be just as much reason why he
should have power to do so as that he
could reverse q proclamation declaring
lands open to settlement. The object Of
o proclamation is to give notice. to all
the world. of the final and authoritative
decision OF the government. It ls in
tended to be q fnahty. Otherwise
nothing could ever be considered settled
by proclamation; and, if there should
happen to be two or three presidents
within the period of year, there might
be as many different decisions con.
cernlng matters of great Importance, ,and
the government, instead of being one oi
law, would depend on the caprices of the
men Temporarily in power. There is strong
reason to believe that Cleveland's at.
tempt to nullify the act of his prede
cessor will be wholly null and void. Let
him confne himself to the duties of his
own term.
If the president is determined to evic
. settlers from the public lands he hac
better begin with some other district
, than the Grow Creek settlement. These
settlers went on the land in the mos
perfect good faith, and after the govern
nent had extended the invitation. But
there are strips Of country in the United
States which have been settled before
, they were thrown open by the govern
, ment, and, according to the strict
, letter of the law, the settlement was
illegal. The Tribune has shown hereto.
: fore that in Iowa fully $4,000 people
| went on the public lands without author.
/ lty, and that the territory was actually
) organized before the government hac
disposed of an acre of the land. In fact
, tho people went into Iowa simply BY
, overpowerlng the military with theil
numbers and making it impossible fol
the troops to remove them. Presi
dent Van Buren gave up the at
tempt after few efforts. If, however
President Cleveland has power to re
verse the acts of his predecessors. b.
might now undertake to drive out al
the people who settled in eastern lows
without the permission of the govern
ment. He would have more reason tt
do so than to unloose the dogs Of war or
the Grow Greek settlement.
In the Iowa case it was decided by tn,
supreme court that, although the peopl,
J had taken up the land in violation of th,
| strict letter Of the law, it was still impos
sible to evict them. and that an order o
the president for their removal would b,
wholly illegal and void. The case O
the Grow Creek settlers is much strong
er. These settlers went on the lands il
3 the utmost good faith, and with the ap
!. proval OF the government. They will b.
:: justified in resisting to the last extrem
ity every attempt to evict them frou
D their homes, and turn them out as beg
: Rsrs aud psupers. Such an arbitrary, IN
just and tyrannical act will be deservin
, Of no respect whatever, and public sent
8 ment will support the settlers in maxim
t q firm resistance.
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