The Red Cloud chief., 1891-09-25
CHEROKEE CLAIMS.
The FeAernl Court Decides Against the
Cherokee Ciai1 to the Outlet Only ibs
RiRht Of Krie.

The FEDERAL Court Decides Against the
Cherokee Ciain TO the Duties Only tie
Right Of Exit
GUTHRIE, ok, Sept T.-Cni,ed
States District Judge Green rendered
his decision yesterday in the famous
Cherokee strip stone quarry case, deny
ing the application OF the Cherokecs
for an injunction and giving the title
of the strip 70 the government Tins
Is the worst knockout the Cherosecs
have ever received and is believed 70
insure the early sale Of their equity N
the strip and its opening 20 settlement
Judge Green IN commenting upon
the case, refers N the treaty OF May o.
Is2s. one section of which states III
being the anxious desire Of the govern
ment 70 secure for the Cherokee In.
dians, 10 remain theirs forever. not "a
be encroschcd upon and not TO be in'
Guided within the lines OF any state o'
territory. resting upon the pledge gwen
these Indians by the president and the
secretary of war in March. ISIS. and
October s ls2L- Ia regard 70 at
outlet TO the west 1t was The
desire of the government so gave
the Cherokees q permanent home and
also secure 10 them an outlet 10 The
west The United States agreed q
possess the Cherokecs. and guaranteed
10 them forever. 1000. 900. 0o0 acres o'
and In treaty made at Newpapota,
Ga. December -. 1885, the same pro
visions were made. In the treaty the
Cherokees were sold au additional
tract OF 500. o acres, a. they founc
that there would not tie room enough
in the original 1850. 900 acres for thu
eastern Cherokees who were now abou'
! W loin the tribe in their western home
IL WAS also agreed that all OF th'
lands should be included in the on
patent To be issued by the president II
accordance with the provisions OF th'
! act of Nav -. 1880. This act provided
that the president could exchange land
west of the Mississippi with any Indian
tribe for lands they might own IN tn
east and give said tribes a patent fo
lands 50 exchanged. provided that sal,
and revert 10 the United states II tn
tribe became extinct or abandoned TIT
same.
On December 81, ISIS. the presldcn
gave the Cherokees a patent IN whic'
all the provisions Of various trcatle
were set out The patent gave an,
granted 10 the C~herokees two tracts
ag-regatiug li.07I.l - acres, forever L
be held 10y them subject To the Vrovis
ions of the act of MAY >, I-5n.
The condition Of the patent IN rear
10 the abandoning Of the land - not v
the treaties. and there NJ. scri"u
doubts a. 10 the a,idity Of the cundI
ton on this ccou In the ca>e g
the outlet the Indians are guarantee
an outlet and a free and ~unInoi.ste
use of the same. There i no qualIhCd
ton whatever regarding the use "t Ia
home tract l'ut according u the pa
ent the strip can bc used FOR the par
pose of an outlet and no other.
The estate of the Cherokee nation
a Las,. qualified or tcnablc fee. an
that, too. - neither the abIndpnuCu
condition he retained or abandoned
base or qualified fee = one with u cot
dition attached and which must bc d,
termincd whenever III. quallicatlo
annexed il at an .ut
The instrument specifies that I'll
and in question i 10 Toe used only 4
an outlet and the law anneNe the qua
itiCatlou that II 4 Toe used for II
other purpose. II a qualified or bas
for the qualification or circumstance
upon whose existence or ~non-eNiStenc
the estate depends, enters into the lin
i~tation. il becomes an integral part {
the estate itself, and when the sta,
of affairs comes To an end the csta'
itself ipso facto ceases
In conclusion the judge said: Ii
operation of this treaty the title of II
Cherokee nation To the lands IN N
Cherokee. outlet Is made subject Ia =,
tinguishment in favor of friendly trib,
Of Indians To be settled by the Unite
states ard in consequence OF sue
agreement the Usage and several oth'
tribes have acquired It'll. TO iarr
tracts of land in the eastern end OF q
outlet thus cffec,ualiy destroying II
use of the outlet TO the Cherokee u
ton. But n - the lands not sold ii
Cherokee nation still retains its 20
session. and jurisdiction being the sam
possession and jurisdiction which II liza
under the prior treaties n the patcl
Of ISIS. and the provisions of the treat
that the United states may sett
friendly tribes of Indians in any pa
of the Cherokee outlet, clearly SHOW
that at the time the treaty was ma,
the Cherokee nation did not claim II
right under the prior treaties"
Judge Green says that If the Cheruk'
nation has ceased 10 use the outlet Il
cessation If use has terminated the
estate and the lands have reverted
the United States. but whether the
has beer cessation ef the use Is rath'
a political than n judicial questlo
which should I've settled 10y congre
and the chief executive.
Il follows from the conclusion reach'
rs to the rights Of the Cherokee matte
in the Cherokee outlet that The Col
plaiuants who claim under n license
the Cherokee nation. have no right
operate the stone quarry in qucstio
and thrir acts in doing so are wrongf
and q court Of equity will not lend
and to protect them in a wrongful az
and in view of the conclusion reach'
upon the question involved II
unnecessary TO consider the other que
tons a-yued The application of a Tel
porary Injunction will be denied and q
restraining order dissolved
Notice Of appeal was entered and I
case goes 20 the supreme court
WORLDS FAIR NEWS AND NOTE