Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-06-20
SKINNER, RATCLIFF & co.


Of which there were neither means nor rene
dies To the neHt question. what remedy
10 established, We snsweT: This court and
congress has givea IL not only certain crimi-
nal Jurisdiction but also lurisdiction In all
civil eases between sueh parties and In suoh
amount ~ is named In the Aeti and to this end
tae c0urt is clothed with full power TO inFes-
tigAte legal rights and enforce legal remedies.
In this particular case the plain and admitted
facts are that the defendant lcss than Q year
ago purchased from the PLAINTIFF. property TO
the agreed vAlGs OF s2ls aud that be now
Justly owes them that sum Of money. He got
the property and there Is no law ether humsn
or divine. which gives TO him fight 80 held
the same and not make payment therefor
This act does not disturb the rights OF isSe Of
Indian nations ss IL expressly provides that
nothing in the act. "shAll be 40 construed ss
TO give the court Jurisdiction over cOntrover-
sies between persons Of Indian blood only !"
Here the Judge introduced an array Of An-
thorities and decisions ofihe supreme court
in support Of the proportions that-A law
may be retroactive in respect TO remedy. aud
it may be 90 without any special words TO that
eject ln me act lie said. when . statute
relates to remedies, there is not only no res.
dies OF enlarge existing ones. Are uniformly
given retrsAetiYe effect unless the Legislation
IN exprsss terms forbids. Ills by no means
unusual In constituting remedial statute, to
extend the snacting words beyond their nAtu-
raj import and effect. In order 20 include cases
within the same mischief. Quoting from the
Federal decisions: III is difieult TO perceive
how any act which gives an additional remedy
r.. k.l. 1. 4 IA
pair its obligation. OF what vested right does
II deprive the pArty9 The Obligation imposed
upon him, by It's tsrms. v a TO pay for the
work. IL vested In him ne right not 10 pay
Can the law which gives an additional remedy
and security be said TO divert him Of the right
be never posaessedY" Also from smother
report statutes waleh are rems-
dial will be given a Retrospective effect unless
they direct 10 the contrary" 4"
Amer a series sf citations the Judge further
said; The authorities which have been here
Aiduced DO, In the ju1gmen. Of this court,
practically and coneluslvsly settle for all time
to.eome, two points. FIrsi-IhAt retroactive
remedial laws can be passed. second-That
all remedial laws are 10 be construed retroae-
tive. .unleas Otherwise forbidden. The eonelu-
aions may be strengthened by looking Into the
true meaning and Intent OF congress 10 the
mailing Of the act. The custom Of the people
has prevailed 10 hold public msetipgs and Pc
titiou for the passage Of such laws as desired,
making known the mlschles and defects
against which the law lid nOt provide and
suggesting the remedy necessary. In aooord-
anee with this custom twO-At least--sueh
conventions were held. One a. ". smith,
composed Of men than whom none had batter
msans Of knowing the conditions Of tire Gfalrs
IN the Indian Territory, adopted resolutions OF
which the following ara exraetsi ''ThS poll
cy OF the United states government has made
this territory civil as well as a criminal Asy-
luIA. That In Iustiee.to the Indians a. well a.
10 the people OF the border states, a court
should be at Ance established. aud sueh gov
ernmehs provided as may be necessary TO en-
force contracted sbligations." The Language
used is explicit In rcferenee 10 contracted OBJ
legations. Congress seems to have granted
their prayers by the creation Of this court with
powers for the protection OF persons and the
enforcement Of contracted obligations. %
The contract exlated here within the Indian
Territoryi the moral Obligation vested upon
him 20 pay his debit all that was lacking was
the omission Of cengreaa.te 10 create . court
armed with adequate powers and means Of
enforcing contracts. Such court has beon
created. Congress had the right TO sstahlfsh
u. The demurrer is overrulied
This decision brlstled with authorities and
was'carefuliy prepared. II consisted Of about
ain shensAad words. Iia Importance cannot
be over estimated. FoauN.