Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-06-05

indications as yet, nor will be,
perhaps, until some action is pro-
posed with reference to it. The
failure of the commission to ac-
complish anything at all, except
any amount of unfair motive on
their part, within the time they
have been "monkeying" with
things, may enter into the consid-
Grafton Of the expediency to con-
tinue their services. But after all /,
the necessity for such commits
sion to carry out the projects of
the government in relation to In
dian lands now within the terri.
tory of Oklahoma, and to the out
let to be treated for, may be argu-
ment sufficient to retain in service
such a trust, or to create a new
one, as the difficulties Of the un-
dertaking may present themselves
or the lack Of good management or
of diplomacy may appear on part
of the old commission.
There may be some inquiry or
thought suggested, at least, as to
any compulsion on part of the
Cherokee nation to sell to the
United States government the
lands of the outlet, after having
considered the purport of the fol-
lowing, taken from the decision of
the supreme court in the case of
the Cherokee nation against the
Southern Kansas railway compa-
ny, delivered on the 18th inst:
"The fact that the Cherokee
nation holds these lands in fee
simple titles under patents from
the United States, is of no conse-
! quence in the present discussion,
for the United States may exercise
the right of eminent domain, even
within the limits of the several
states, for the purposes necessary
to the execution of the powers
granted to the general government
by the constitution. y
"These lands" as used by the
court, must certainly be the lands
condemned as the right of way for
the Southern Kansas railway com
pany, and the company's road be.
ing across the outlet, "these lands
must be a part of the lands tc
which the commission and many
members Of congress say we have
no title. The question is there.
fore suggested, has congress the
right to declare the lands opened
to white settlement, without the
consent of the Cherokee peoples
Can the purposes necessary to the
extinction Of the powers granted
the general government by the
constitution be extended to the
condemnation of 100000 acres to
satisfy the greed Of Unsuitable
boomers?
The next question that suggests
itself is, has the president of the
United States the authority suffi,
cient, against a fee simple title, to
issue a proclamation forbiddine
the occupancy of the outlet, under
any manner Of right, for any pur-
pose whatever? Would it be Of
any use to petition congress foi
the privilege Of testing the presi-
dents authority, before the SUI
preme court Of the United States,
for issuing such proclamation
These questions can only be an
swered by reference to the peculiar
conditions in which the lands oil
the outlet have been placed by the
treaty of 1866, the title encum-
bered by the right of the govern
ment to settle friendly Indians up
on them, which right, with an
other to regulate trade and inter
course with us under a treaty
stipulation, make up a combina.
ton of conditions, to test which
the result would certainly be moth.
ing more than conviction of the
governments power TO do more
than to exercise the right Of emi-
nent domain even in our country
These considerations are grounds
for believing that the condition
the strip lands are now in would
not be relieved by an appeal to
the courts, but will be sustained
by the government, if for no other
purpose than to force us into a
surrender of all of our interest in
the outlet.
Why ! am so liberal in my views
OH this subject is, because have
no political axes, tomahawks or
scalping knives to grind, nor any
purpose to mislead the people by
a concealment of what | consider
to be facts. Respectfully,
JoHN l.. ADAIR.
-@----------
liberated Sore Throat.
4 IT,. 1900 80, I Ill TrIoo..4,l !