Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-08-30
DELEGATE BoUDINoT.
He Reinforces his Position Upon
the Lease Question.
wAsnrSoros. D. C, Angus, 20. Isss


vAsnfSoroS. D. c. August 20. lsss.
EDITOR INDIAN CHIEFTAIN. My
letter to Capt. Jno. L. Adsir, which
was published in the CnIE FTAIN
Of the 10th inst, treats of public
matters and is from a man who
ought to know something about
them, even if he does not. Al
though one of Dana's newspaper
maxims was violated, and the let
ter published without my inten-
ton or permission, still it was well
enough, if you judged my opinion
upon the subject of our lands west
of $50 OF value enough TO make
public. l am no friend of the {.
S. L. S. association, neither am
l their enemy. But after the
lapse ofa year the highest respon.
sible offer made by any legal
company" is s175,OOO as I under
stand The facts 10 be. And, as a
plain and corIe ct narrative Of facts
is an argument in itself, | beg
little more Of your space to relate
them. ~
Chief Mayes at hrst advised the
issuing Of extensive advertise
ments Of the nation S right ofpos-
session Of the Cherokee lands west
Of $50 not sold to and settled by
friendly Indians, and OF the readi-
ness Of The authorities TO receive
proposals for the grazing Of cattle
there. Let me say here that the
business should be strictly con-
fined within the provisions Of sec
ton 2,l17 Of the revised statutes
Of the United States because it is
unnecessary TO 60 outside Of that
statute to do all that is intended
or wished to be done with those
lands. The section is as follows {:
"Soo. 2,117. Every person
who drives or otherwise conveys
any stock of horses, mules or cat
tie to range or feed on any land be-
longing to any Indian or Indian
tribe, without the consent Of such
tribe is liable to q penalty Of one
dollar for each animal of such
stock.
The plain presumption Of this
section is that the Indians or In.
dian tribes to whom the lands be-
long "consent' to the grazing of
the stock designated on their lands
and that such grazing 1ith their
consent will be lawful. 1t must be
borne in mind that this statute
was enacted before any of the pat
ents to the FIVE tribes were issued.
Now, certain owners Of stock
wish to Craze their stock OH lands
Of which We have the right Of pos
session and jurisdiction backed by
a patent in fee simple. Ifthe ma
tion consents" for specified
consideration it conforms to the
statute quoted, and only exercises
a right which the patent in fee
has vested and the act Of congress
implies to be vested by treaty.
The Advocate upheld Mr.. Mayes'
plan Of proceeding as customary
in transacting such business and
least liable to breed contention or
create suspicion.
1t was expected that proposals
would naturally be rec eiyed in
answer to the natien's advertise
ments, and that choice of them
would be made by the proper au-
thorities. The constitution set.
ties who constitutes these "prOpel
au.honlies." As the choice be
tween the proposals. would neces'
ssrily have to take the form Of q
statute enacted by the council, the
responsibility Of making choice by
law would be divided between the
national council and the executive;
and neither could delegate to
the other or TO any other party
the authority vested by the con-
stitution in them respectively.
Somehow, "or somehow else, -
the cxcellent plan Of Chief MaYos
was abandoned II is possible
that the shortness Of the time op-