Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-03-01

peoling the privilege cannot bo
shipped Others confno them
/ selves to such timber as may be
cut, and a royalty paid, at any
time between the beginning and
expiration Of the ninety days
when the former act ceases and the
other takes it place At what
turn or angle between the two
acts. as to privilege and penalty,
this hair-splitting takes place, even
those who advocate such a thing
cannot explain They simply as
sert, without giving any reasons
for such an opinion, that IL is just
that way. They see the cause,
but through a glass dimly, or a
difference they cannot explain,
that to them appears in the act
grantinga privilege rescinded by
another that is, but not yetin force.
In order that such an opinion may
appear reasonable or unreasonable,
as you take it, we must conclude
that the old law ceased to be a
law when the act repeating the
privilege it granted was passed ,
and that until the ninety days are
up, when the new goes into effect,
there is no law at all on the sub
ject, and that timber cut within
the time cannot be shipped, al
though the clerks receipt for the
royalty may be produced to prove
that the nation has, as represented
by the clerks receipt, received
pay in full of all demands requir-
ed by law.
But how law can be repealed
by an act that is not in force, but
is more like a note of hand that
is due in ninety days, is a ques-
ton which must be determined as
though no resembling act had been
passed, and that the old will re-
main in full force until it expires
by that limitation prescribed be-
fore another can take its place.
The logs must be taken out Of
the country, as asserted by some,
before the ninety days are up.
Ifnot, the privilege to ship ex-
pires with the law that granted it.
But here is a conundrum. Can
the nation, through one ofits laws,
inAict punishment on that man
for disposing of, in any manner he
may wish, that which has become
his personal property by the right
of purchase ? For a certain
amount, by the thousand feet,
which the law calls royalty, the
nation sells to one of its citizens
the timber within his improve.
ment, and tells him to ship it if
he wants to. By what principle
Of justice can the man who has
paid the nation what it asked for
certain kinds of timber, be re-
strained by a penalty from dispos-
ing of such timber just as he
pleased2 1.-THE nation should by
an act of its council, conclude to
sell to its citizens any Of its nat.
ural products for specified
amounts, without granting or
Withholding any named privilege
in relation to such sale, the pur-
chaser would, under common law,
have the right to ship OF not to
ship-as he preferred. In the mat
ter of sale and purchase, the ma
ton is no more than a person, and
cannot exercise any further control
OF the property Tor which IT has
received and acknowledged a con-
sideration.
1t cannot be claimed that ke
royalty was for the pay of>the
privilege to ship. The four dol
lars are not for a 900 feet of priv
ilege, but for a 900 feet of wal
nut timber. Having paid the sum
required the privilege to ship nat
urally followed as a rightful
consequence of a legal purchase.
Therefore the privilege to ship
was an unnecessary provision in
the law.