Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-07-28


nate and only execute such por
ton Of the law as he himself ad
judges proper Under his obliga
tion, this is question. If a por
tion OF the law is legal and consti'
tutional the whole certainly is
and if the sheriff does not execute
the whole, why pick out certain
clauses and execute them? In the
manner in which the law is now
executed Mr.. Sanders has, if the
law is obligatory, violated the 10th
and 18th sections of our Constitu-
tion. If unconstitutional, why at
tempt to execute it, or any part oi
it? The chief or some other au-
thority should certainly look after
this matter. The law, as it now
stands is very clearly unconstitu-
tional, both as to this nation and
the United States, and the sheriff
or nation is liable for the enforce
ment of the same, as it makes the
sheriff the judge, jury and officer
to execute, or in other words to
cut down fence, seize wire and sell
it, without a hearing or any chance
of defense. This is power dan
gerous to a republican form of
government, as it places all of its
citizens under King Sheriff who
in his lordly sway can dictate
in what manner the law will be
executed. | am in favor of pro-
tecting all parties who are inter-
ested alike, in accord with ours
and the United States Constitution.
The latter provides, in amended
constitution, fifth article, that no
person shall be deprived of life,
liberty or property, without due
process of law, nor shall private
property be taken for public use
without just compensation. 1t is
clearly expressed in the above
language Of the Constitution of the
United States that the law under
which the sheriffs of this nation
cut wire is Of no effect and makes
the sherifls directly responsible TO
every citizen for any damage done
them by the execution thereof.
The old cattle law, which proved
unconstitutional, was a similar one
and cost the nation thousands of
dollars. If properly conducted,
every bonafde citizen OF this na-
ton can recover every cent of
money paid to prevent seizure and
sale of wire, or recover damages
where wire was taken and sold by
sheriff; not before Cherokee courts,
then by appeal to the United
States courts, because the wire is
the private property of the citizens
and is seized unconstitutionally.
| must say the wire cutters be-
haved themselves genteelly in this
community; in one or two in
stances they cut down wire and
made seizure where there was no
inclosure. having had breaks for
months, and it was so stated to
them. Would it not be well to
blot all such laws from the statutes
and make new ones? We now
have a national solicitor; why not
he examine the statutes and COM
pare laws. and all future acts be-
fore they become laws to ascertain
whether or not they are constitu-
tional? This would save immense
trouble and credit for our people.
| claim any judge OF any district
in this nation has the power to
enjoin the officers in the execution
of the law on account of being un-
constitutional; but the fact is only
a few officers or citizens of our
nation ever read the constitution
of the United States which has
governed this nation for many
years, or at least so intended by
different treaties. Just such laws
as the wire fence and old cattle
laws have dissatisfied the people
as much as anything else, aud
caused them to think at times that
we are incapable Of self-goyern-
,nent. / for one here state that we
are lingering between too many
uncertainties to retain our present
status any length of time without
serious damage to our people. We
are merging near the precipice and
something must be done to save
us. Let all study either how to
check the drift or prepare for the
l see from some Of
our papers that supposed fraud is
being perpetrated through some
Of our officials in regard to cattle
on the Strip and sale Of same.
This should be vigorously in
vestigated, and if true, exposed.
Remember | am not in favor of
monopoly in any shape, but let US