Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-04
Special to ,he Gazette.

opcClal ~ sI!' NFdseLle
MUscoGEE, l. r., Nov 3-The Cherokee
council having just convened, and as the
Fifty-second congress will soon take up the
reins of legislation. speculatiOnS are in
dulged in reference to the probable actions
of those honorable bodies in shaping the
future Of the Cherokee Indians in the dis
position of Inc Cherokee outlet and allot-
ment of lands. Never before were these
people SO much interested in this subject.
There is a growing sentiment that the
government is too jealous in the effort to
have the nation accept Sl.25 per acre for
what is known as the outlet. twenty-five
years ago there would have been no contro-
versy about the title to these lands being
with the Indians, had they asked for sever
atty.
When othe congressional committee of
which Mr.. Springer was chairman were here
three years ago that able statesman is cred
tied with having said in substance that con-
gresS would pass a bill containing provis-
ion by which the red man could solve the
vexed Indian problem by awaiting himself
Of the right Of severalty of lands. BY eX-
amining the bill known as ''the Oklahoma
BILL which went into effect May 2, 1890, 4
verification of the statement is found.
Section 81 of that bill adopts chapter rs
of the Arkansas statutes in force at the
close of the session of the legislature in
lSS3, as published in 1884. ...
This chapter IS exclusively devoted to the
partition and sale of lands, and barring the
sections which pertain TO the practice reads
rs follows:
''fSec. 47S9. When lands, tenements or
Entertainments shall be held in joint ten
ancy, tenancy in common rim coparcenary,
however derived or acquired, and whether
in fee, for years, or for life, any one or more
of the persons interested may present to
the circuit court a petition praying for
division and partition of such premises ac-
cording to the respective rights of the par
ties interested therein, and for a sale there
of if it snail appear that partition cannot be
made without great prejudice to the
owners
''Sec. 479l Every person having such in
tegest Us IS specified in this act, whether
in possession or otherwise, and every per-
son entitled to dover in such premises, if
the same has not been admeasured, shall be
made Il parry to such petition"
Sec. 1893 Any person having an inter-
est IN the premises not made party in the
petition may appear, and on showing his in
terest by affidavit, be made 4 party"
''Sec. 4795. The court shall ascertain
from the evidence, IN case of default, or
from the confession by answer Of The par
ties, if they appear, or from the verdict by
which any issue of fact shall be determined
and shall declare the rights, titles and in
terestS of all the parties to such proceed
ingS, petitioners as well as defendants, so
far as the same shall have appeared, and
shall determine the rights of the parties in
such lands and teuements and give judg-
ment that partition be made between such
of them rs shall have any right therein in
accordance with such right thus ascer-
tanned"
sec. 1929. In making partition, the COM
niSsionerS shall divide the lands and tene-
mentS, and shall allot the several portions
and shares thereof 10 the respective parties
quality and quantity relatively being con-
sidered by them, according TO the respective
rights and Interests Of The parties SO ad-
judged by the court, designating the several
shares aud portions by metes and bounds,
Cnd may. when necessary, employ a sur
veyor and assistants to assist them therein
Under he provisions of this law Mrs Sa-
ran Ellis filed her petition today by her at
t0rueys, who are members of the bar at this
place, asking for partition. not only of the
lands Of the Cherokee nation proper, but
also of the lands embraced in the outlet
BY examination of the law those of Indian
blood, not recognized as citizens, may be
made parties TO the suit and the court has
jurisdiction Of the question of citizenship to
tIC extent Of awarding TO them their pro
rata of land, ana If such persons fail 10 ap-
pear Us provided they may, then they are
forever deprived the right of a hearing
This proceeding will settle the status of the
many who are daily seeking citizenship in
the ia ion, and it will destroy the fields now
being worked by persons representing that
they will secure the rights of citizenship
t. oh the national council for stated fee.
The 70 lowing is a copy Il the petition and
lis Il. easements.
in the United States court for the Indian
Territory, first division. Sarah Ellis.
plaintiff, vs.. Joel B. Mayes chief of the
Cherokee Nation, Indian Territory, ct al,
defendants. Complaint in equity for parti-
ton.
10 THE HONORABLE CoURT-Now comes
Sa"ah Ellis, by her attorneys, and complain
ing Of the above-named defendants says that
ho,h plaintiff and defendants are Cherokee
Indians by blood, and are all residents and
citizens of the Cherokee Nation, Indian
Territory.
"Tha. The said Cherokee Nation is a mu-
nicipal corporation, existing and duly or
Ranizcd under the laws Of the United States,
and the defendant, Joel 5. Mayes, is the
duly elected, qualified, and acting chief and
presiding officer CT said nation and as
such chief and presiding officer he Is the
agent and representative of said nation |
Nation: then south, following the most |
easerly line Of said Creek Nation to the point |
of its intersection with the Arkansas river; |
thence in u Southwesterly direction, follow |
ing the line of the Creek Nation to its juno |
ton with the north fork of the Canadian |
river; thence down said North Fork of the |