Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-04-15
rsOtJmnDINGs.


the Indian Territory. The act pro-
vides "that if the general council
of either of the nations, through
whose lands said railway may be
located, shall, within four months
after the filing Of maps of definite
location, as set forth in section six
Of the act, dissent from the allow
ances provided for in this section,
and shall certify the same to the
secretary Of the interior, then all
compensation paid TO such dissent
ing nation or tribe, under the pro-
visions of this act, shall be deter
mined as provided in section three
for the determination Of the COM
pensation to be paid TO the indi-
vidual occupants Of the lands with
a right to appeal TO the courts
upon the same terms, conditions
and requirements as herein pro-
vided.n
The plats as stated in the chiefs
message, were filed in the executive
department December 81, 1885, and
March %, 1886; one of the main
line and one Of branch. The
same was done in the interior de-
partment, Jan. IL, 1886.
As heretofore done, when there
was an effort TO forestall doubtful
legislation or TO guide it according
TO some premeditated plan and to
certain ends, bill prepared evi-
IDENTIFY in advance of the meeting
of council was introduced Monday.
Ostensibly, the purpose of the
bill is TO dissent, as provid-
ed in Sec. 5 of the act, from allow
ances named in said section, which
are fifty dollars for each mile of
railway constructed, aud fifteen
dollars annually upon same.
Other compensation is provided
for in this section for property TAX
en- and damage done, and, accord
ing TO the reading Of section 3, ap-
plies to the individual citizen.
The dissent refers, therefore, to the
compensation of fifty dollars a
mile for each mile constructed,
and the annual payment Of fifteen
dollars q mile. When such dis
sent is certified TO the secretary of
the interior, such compensation is
to be determined by an appeal to
the courts. But the "tail that
wags the dog'' is to employ Phil
lips as counsel for the nation, by
investing the chief with the au-
thority to employ counsel for the
nation, and TO force the concession
from council by pulling him
through, coupled to the general
prejudice against railroads, and
the fear of the odium that this
prejudice may attach TO any
that could be resolved |
into an approval of railroads. In !
order that the chief shall not be so
authorized, it becomes necessary |
10 defeat or amend the bill, and |
falling TO amend, to defeat will be-
come necessary.
Even if there was no objection |
10 authorize the chief TO employ |
counsel for the nation in this par
ticular matter, such authority is
premature and unnecessary, from /
the fact that not mile of road is
yet constructed, contingent upon
which arises, as a result of the dis
sent, cause for complaint 20 the |
courts.
Damages done individuals or
property taken from them are
between the road and the individ- |
lal citizen, and not between the |
nation and the road on account Of |
such damage or property taken.
Public material used or taken |
should be paid FOR as well as that
If individuals and cause Of com.
olaint should arise here, but where !
he necessity of counsel comes in |
ust at this nick of time can only |
% found in the advisability Of
prestige that such employment
would give in certain event.
The belief may be inspired by !
he late supreme court decision in
he North Carolina suit, that "our
ipecial agent" can, as counsel for
he nation, do almost anything be-
ore the supreme court, and pro-
iure a decree that congress has
lot the right to legislate railroads
nto our country, even before a
nile of any is constructed. But
his is all bosh and the whole ef-
ort is due to a desire to trick the
ouncil into an endorsement Of
'our special agent"
Both the message and bill were