The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-10-01
THE TITLE TO THE STRIP.

HENNEssEY, o. II, Sept. So Special =
It is a fact worth noting in connection
with the matter of free homesteads for
landless millions in the Cherokee strip,
that in every instance where the question
of title to the strip has been before the
courts. or referred TO the law officers OF the
Government, the decision has been that
the Cherokees had none. 1t has been so
held ky Judges Brewer, Seay and Green,
and Attorney Generals Devens, Garland
and Miller. These jurlsts and eminent
counselors hold that the Cherokees' right
To the property was never anything but
the privilege of travelling over 1t TO the
limiting grounds of the west, which right
ended in 1855 when they ceased to use IL as
an outlet. Yet, while 1t Is true that the
Cherokaes have no title to the outlet ana
that it is now a part OF the pubic DOMAIN,
it must be remem beTed that the control OF
the public lands of the country IS vested
in congress without limitation, and IL Is
from the action of that body in Its dealings
with the strip that the homeseekers IN the
southwest have the most TO fear. because
they have already placed in the statutes
law authorizing commission 20 treaI
with the Cherokees for their rights, anu
to pay them lbs per acre.
That the Cherokee leaders Will eventual
| " avail themselves of the proposed dona-
! ton from the government, no one at all
/ familiar with their financial acumen will
! question. and the danger to the home
/ seekers lies in the probability that When
con eress comes 10 bring the strip under
the jurisdiction of land offices, this burden
/ will be Illaced on the settlers. SuOh action
| would be unjust to the settlers and con
trarv TO the Land policy of the government
since the passage of the homestead law,
under which titles TO millions on millions
! of acres of the public dSmaIn nave been
/ ACQUIRED by occupation ann cultivation.
The outlet is a part of the territory ac-
onired by the Louisiana purchase, which
| the highest tribunal in the land says was
/ acquired by the general government As the
representative and trustee OF the people OF
! the United States, and 1t must therefore
be held in that character for their common
! and equal benefit"
This being the law, by what right could
the settlers on a small fraction'of this pur-
! chase be charged with the cost OF gut
made by the government TO the Cherokees.
when the larger portion has been disposed
of to settlers without price? In dealing
with this question congress snonic not al
| low sentiment in favor of the Cherokees
to influence them. The rights OF the poor
peOple of,Uhis country seeking homes IN
fhis new land should be considered in
| preference TO mawkish sentlmentallty
in favor of a<people who are rich now bo0h
in lands and money
There are according to the census %, =
Isl Cberokees, and the lands of their home
reservation contain 503l, 353 acres. This
would give to each family of five. 1,0O0
acres and this thousand acres would be
of the most fertile land on this continent
situated in delightful climate. and large
areas of it underlaid with coal .aud other
minerals, or covered with forests of wal
nut and oak. In addition to this landed
property there is deposited in the United
STATES treasury to their credit and bearing
interest, the following sums;
National fund. 81, 80, 5f5
School fund ...................... SD, sos
Orphan fund. ACKNOWLEDGEMENTS oo9, 90
Asylum fund. ............,......' of, If'
Total .......... -, - - -, oOV'o'o
To this people, rich in lands and money
and possessing more cattle and horses per
Capita than any other people in the Union,
a proposition has already been made III
Y congress todonate 81 900, 600 for their rights
ia the strip, and compel the settlers there
on to pay IL back.
Under toe homestead laws applicable TO
Oklahoma no person owning 100 acres OF
. land can make homestead entry. Home
stead settlers must under the law be alb
| soIutelv poor men and to tax them sou
each TO reimburse the richest government
on earth, for donation made to the rich
; est people under that government, would
seem TO be such extreme folly that no con-
, rress would entertain the proposition; but
, they have. and to prevent 1T becoming a
law every homeseeker must be on his
| guard and everywhere insist that the strip
shall be opened to free homesteads Tor
? landleSs millions.