Wichita eagle., 1886-10-21

ties themselves, had carefully read the con-
Guiding clause of section two OF the grant
ing act, which is as follows:
The United States shall cxtinguish, as
rapidly as may be consistent with public
policy and the welfare Of the Indians, ard
only by their voluntary cession, the Indian
title to all lands falling under the operation
Of this act and acquired in the donation to
the read named in the act.
For the purpose Of this act the Indian
title to that portion of the "Oklahoma
Country" through which the railroad was
proposed to run, has not been eXtingulshed.
The railroad has not been constructed upon
| or extended into that territory, and cOnse-
quently it has not acquired possession nor
the right of possession of any portion or
those lands under that law.
| In the case of the Unied States vs.. ID. l..
Payne tried in the district court OF the
| United States for the western district OF
| Arkansas, Judge Parker cited the decis-
ions of the supreme court in the case OF
Wilcox vs. Jackson Q3 Pet, 266,) where
in it is held that whenever tract OF land
has been appropriated to the public use 1t
is severed from the mass of the public do
main, and subsequent laws Of state are not
construed to embrace it though they do not
in terms except it." He also refers to the
case of the Leavenworth, Lawrence Il Gal
weston road vs. the United States g Otto,
133.) which rcaifirms the doctrine in Viii
cox VS.. Jackson, and holds further that
''this doctrine applies with more force to
Indians than to military reservations.
Judge Parker then adds: Il think, there
fore, from the authorities | have cited, and
from the languagr of this section that there
is no doubt that this act of congress has not
changed the land in controversy from the
condition Of 4 reservation.
Notwithstanding the ruling of the intc-
rior department, the proclamation OF the eX-
ecutive. and the solemn adjudications Of
the federal court of competent jurisdiction
over the parties and over the subject mat
ter, upon "A clear statement OF facts on
both sides of the question, all holding that
these lands are not part Of the public do
main and are not subject to pre-emption
and homestead entry under the general
land laws Of the United States, but on the
contrary that they are part OF the Indian
Territory, that they are not unappropriated
lands, but lands dedicated to specific pur-
poses. vet it is to be regretted that re-
peated attempts have been made to make
forciblc entry and possession upon sald
lands
Il has become generally known through
out this country that this large tract OF
land. fertile. well watered, and with lis
mild climate is unOccupied. and that i has
continued in this idle condition since the
treaties of 1866 1t is therefore not sur
prising that large class Of hardy, indus
trious people. residing in more thickly set
tied states, are eager TO acquire honesteads
upon it.
The respectful petitions Of many peace
able and law-abiding citizens from numer-
Gus localities throughout the country re-
questiIle that it be opened 10 settlement, no
less than the threatened unlawful invasion
of the land. have had the effect Of inducing
{ consideration Of the subject hy congress,
/ which. at lis las5 session, enacted the fol
e lowing provision Of law, viz:
. That the president IS hereby authorized
! 10 oDen negotiations with the Creeks. sem
: inoles. and Cherokces for the purpose Of
: opening 10 settlement under the homestead
laws the unassigned lands in said Indian
Q Territory ceglcd bY them respectively 10
: tie United States by the several treaties OF
c August eleventh. eighteen hundred anG
7 sixty-six, March tweniy-tirst, eighteen hun
b drel and sizty-six, and July nineteenth
i eighteen hundred and sixty-six. Sld ioF
I tha: purpose the sum Of five thousand DOT
/ lars. or so much thereof rs MAY be nects-
T sary, be, and the same Is hereby, aiiiro
5 pria;ed oat of any money in the treasury
J, no; otherwise appropriated. his action here
II under 10 he reported TO congress go sasa-'
3S.l.
u This provision Of law refers not only e
: the lands ceted BY the Creeks and SEM