Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-01-19
NOT APPLICABLE TO U. $. CITIZENS.
Opinion Of Judss Parker Regarding the Greek
stock Law.


Judge Parker has "set down. upon the
Greek stock law In 1852 they passed law
providing for the appointment Of stock su-
perintendcut who should close-herd all stray
stock sud at the end OF thirty days sell the
same. IT, however, during the intervening
tlmo, the owner appeared aud Identified the
same they were 20 be delivered to him upon
the payment OF 81 per head Under this
statnte Ned thompson, stock superintendent,
seized six head Of cattle belonging to the
Saginaw Cattle Company, whose range is upon
The sac and Fox reservation, aud sold the
same. larceny writ was Issued by Col.
Tufts. aud On sn application for writ Of
habcas corpus the matter came before Judge
Parker Ills decision Il In effect that the
Creek council had no authority for passing
such an act so far rs II related to United
states citizens, aud further. that II is In op-
position to one OF the fundamental principles
OF law. We ,mote: The
United states from the fret organization ofthe
Indian country as such, has given
LOCAL JumsDicuoN TO rnE iNpIASs
over themselves, but II has carefully and jeAl-
ously retained Jurisdiction vver both the per-
sons and property OF its own citizens. This
Jurisdiction so retained by Indian treaties aud
laws Of progress embraces all the powers Of
government, and Indians must invoke the
powers Of She aid OF the United states for pro-
lection against wrongs done them Dy citizens
OF the United states. suppose this nation Of
Indiana had the power 20 enact this law. is IL
not one that is forbidden by that general prin-
ciple OF natural justice which prohibits con-
demnation without opportunity for defense ?
The principle that no one shall be deprived OF
life. liberty or property without due process
/ oflaw, demands that he shall be Afforded some
opportunity in some way FOR defense. II he Is
Z not he is deprived OF right In violation OF
that principle OF the law OF the land which
hears before II condemns. This Is principle
OF government sanctioned aud estaplished by
/ the settled maNims OF the law Does this act
/ OF the Indian council conform to III think
not Now In every case where
! the property OF the citizen Is taken, Il must be
taken either by resort TO Judicial proceed
/ Ing with proper notice In the nrst instance, OF
| II not 40 taken, there must be len open to the
/ citizen the right 30 resort to legal proceeding
TO test the validity OF the taking. II the law
which provides for the taking OF his property
makes no provision Tor some notice 10 him
actual or rconstructiye-so he MAJ rssort TO a
Judicial remedy 70 test the iilegHlity.of tho tax.
ing. such law Is void because ID provides for q
taking without due process of law. OF even
n the law does provide for notice but under
the laws OF The land there is no forum wher'
the party can 60 TO test the lrgality OF the TAX
Ing. In such a state OF case the law would b'
Invalid, as all power would be invested In The
party executing the law, anl the peraor
whose property was taken could have a hear
ing nowheee. That Il exactly this law OF th'
Greek nAtion'
The only remedy, Judge Parker holds, Il
found IN section 2ii7 United states statutes a
large which provides that, "every persoi
who driyes OF otherwise conveys spy stock o
horses, mules OF cattle 10 range and feed OF
any land belonging 10 any Indian or IndiAi
tribe without the consent Of such tribe. 6
liable 10 penalty of one dollar for such AMI
NAL Of such stock" As there was no cyidenc
OF any unlawful iuteut. upon Mr. Thompson 2
. part, the prosecution was abAteu though IA
writ % hhheas corpus was refused,
/ Immediately following the delivery OF JudE
/ PArker's opinion. ccmes thr announcement
that Counressman lt0gers who resides at ~
smith, has introduced bill In cousreaa cal
culated 90 meet the requirements Of such
case a. the one In question n hNes hne o
el per head 20 be assessed againat the owne
or any stock found grazing upon The lands q
any Indian or Indian tribe, without the own
or's consent,