Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-06-20
MUsKOGRE COURT NOTES.
An Important Decision, Specially lie
ported for The Chieftaln.

-BJ. Brown was bound over TO the
September term on charge Of assaults
--Counterfeit money OF a very poor
quality is in circulation here; look out
for the manufacturers.
Peter MetIker was fined SIS for
timber stealing from the Cherokee
strip. Mitigating circumstances made
the sentence thus light.
On last Friday Robert Marshall
captured twenty-three head Of horses
and one thief. two others escaping.
The horses were stolen on the border
of the Chickasaw nation and belonged
TO Thos. Alexander and father. The
thief was sent to Wichita for trial.
After hearing the sixteen hour ar
gumept on the retroactive question on
last Monday and Tuesday, the judge
took the question ander advisement
and practically suspended all business
until Monday the 18th. During the
rest Of the week no important business
was done in court.
Below is given summary OF the
judges decision which was not only
elaborate and mastery but gave good
reasons foa every step and cited nu-
merous authorities in support OF each
proposition made. The decision called
forth the praise Of even its most bitter
opposers. lie sRidi
The ruling upon the demuYer must depend
upon the construction pat upon the act OF
congress OF March Ist issa, by which thia
court was established. That part OF the act
comforting npon the court Jurisdiction In civil
cases reAds 10 follws.
SEc. a. That the court hereby established
shall have Jurisdiction In al civil cases be-
tween citizens Of the United states who are
residents oi the Indian Territory, or between
citizens Of the Uritel states, Or of any state
OF territory therein, and any citizen Of OF
person OF persons residiHg OF found In the In
dian Territory, aud when the value OF the
thing in controversy. or damages OF money
claimed shall amount 10 one hundred dollars
or more; Provided, That nothing herein
contained shall be 90 construed A. 70 give the
court Jurisdiction over controversies between
persons OF Indian blood Qniy.--''
Among the recognized rules Of feonslruetion
there are none which are regarded As Of more
Importance shan the following. In all
statutea restricting or enlarglnE the common
law. four thlngs are 70 be considered
!. What was the eommon law before the
making OF the ActS
g. What was the mischief and defect
against which the common law did not provide9
;. What remedy hath besn resolved and
applied 10 the diseAseS
4. What 10 the true reason OF the rsmedyq
Having satisfied ourselves % 70 these points
IL becomes our duty 20 make such cohstrue-
tlon - shall suppress tho mischief and adj
vance the remedy, putting down all subtle in
ventlons snd evAsions for continuance Of mis.
chief and addIng force and life 30 the remedy,
according 70 the true intent OF the makers
OF the act +"
In answsE TO the nrst-Thers was rot al the
date Of the passage Of this act any court On
forum within the indian Territory In (which
legal rights between whites or citizens of the
United states could be Investigated OF legal
remedies applied and enforced. In anewer 70
the second-It may be said 10 be an historic
fact that the Indian Territory had, prior 10
the passage OF this act. become aud wss a
civil a. well as criminal asylum In which nu.
merous abaeonding debtors and crlmlnaIs,
whites, fugltlvea from iastIce frOm the states,
had sought and found refuge nom both civil
and criminal process There we're also nu-
merous personal rights existing hsiween
whites and residents Of the territory and
manifold elvll obligations for iac enforcement