The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-11-18
TIE CHEROKEE STRIP.
Decision of Judge Woodson in the Suit
Against the Mcclellan Company.

ST. JOSEPH, Mo-, Nov. 1.-THE decision
of Judge Woodson in the suit of the
Cherokee Live Stock association against
the Mcclellan Cattle company TO recover
So. 400 On promissory note given for the
lease of grazing lands in the Indian Terri
tory, In favor of the defendant, is one of
great Importance and practically settles
the troubles growing out of President
Harrison's proclamation issued on Feb
IA, $780, ordering the cattlemen to vacate
the leased lands. A large number Of suits
will be influenced by this decision. The
history of the case, which was brought
out at the trial, dates back several years.
The Cherokee nation in 1888 passed an
act authorizing Chief Bushyhead to rent
certain lands to the Cherokee Live Stock
association for 800, 900 a wear for five years.
When the lease expired in 1888, the Cbero-
kee nation passed another act extending
the same privileges to the association
for 5000 600 per year for five years more.
The Cherokee Live Stock association in
1889 subeG various portions OF these lands
TO other cattle companies, and large tract
was leased by the Mcclellan Cattle COM
pany for about S. 900 year. This tract
comprised about 1900 acres of grazing
land. A short time after the note for the
Last six months lease of the Mcclellan
Cattle company WAS executed, the procla-
nation ordering the lands vacated WAS
issued by President Harrison. The proc
lamation was issued on Feb. IA, 1890, and
cattle companies occupying the leased
lands were given until Oct. of the same
year in which to vacate. The Mcclellan
Cattle company, like many Others occupy
ing the leased lands with cattle, took i'm
mediate steps to wind up its business and
remove it's herds but WAS unable to 10 SO
in the period specified and the time was
extended to Dec. l, two months later, when
all the cattle We're removed.
The defendant, in the suit brought be-
fore Judge Woodson, claimed that the
Cherokee nation did not own in fee simple
the lands it had leased TO the plaintiff, but
had only right of way across il; that
therefore there was no consideration for
the note given, and further that the lease
of the Cherokee nation to the Cherokee
Live Stock association was void and the
lease of the Cherokee Live Stock assoca-
tion to the Mcclellan Cattle company was
also void, and both in violation of the
United States statutes which declare that
all sales, leases ard conyeyances OK land by
the Indians TO white persons are Illegal
and that all attempts Of bite persons to Sc
cure such a lease or co, eyance is ascrime,
the penalty for which in each case is 81 600,
The lease being void, the defendant
coulu hot be enforced.
Iu reply TO this the Cherokee Live Stock
association claimed that the Cherokee pa-
tion owned the lands, including the strip
known as the Western Outlet, in fee sim
pie, and had the absolute right TO
lease the lands for grazing pur-
poses if il saw tit to do so; and
being the owner of the land, the govern
ment had no authority in the matter what
ever; tbat the proclamation of the presi-
dent ordering the cattlemen to vacate the
lands was void, and that the Mcclellan
Cattle company had no valid excuse for
abandoning and surrendering possession
OF the LANDS, aud must therefore pay the
rent.
The first question considered by Judge
WoodSon WAS the possession of the lands
by the Cherokee Indians. Three treaties
were made between the United States and
tie Iudians-the first In 1928, the second
in 1880, and the last in 1888, in pursuance
of which the patent by which the Chero-
kee nation claimed the land was executed
AT the time of he treaties the white popu-
latIon of the United States was east OF the
Mississippi river, with II few tribes OF Iu-
diars scattered here aud there. Some We're
in New ork. some IN other states, and the
CheroAees, one OF the most powerful
tribes ia existence, were in Georgia. The
past history OF the country had shown
tnat tue whites were more progressive
and Intelligent than the red mau, and
were constantly encrouchiug upon the
rights of the latter. They had been driven
toward the west. The Indians had only
the right of occupancy TO the land they
lived upon. ana the government made an
effort to place all OF them west of the
Mississippi river This was the substance
of the three treaties entered into with the
Cherokees i'll Georgia. The government
promised them 4, 900 zoo acres in the terii
tory. A part OF the tribe acce pted the
terms of the treaty and went 10 the terri
tory, but between X, 600 aud l5 000 remain
ed in Georgia Ia the later treaty the
government agreed TO give the Cner1kees
AN outlet from the e,00J. coo acres to the
western coast. strip of land sixty miles
vide, and increase the 0oj,o0 10 s,GIo,
600 acres. The Cherukees accepted .iis
offer and removed TO the new country,
,furch tslng an additional tract of 5000
O00 acres of the COVER nnent. The patent
TO these lands WAS granted aud II WAS
given to the Cherokevs and their success
sor- to hold forever.
Judge Wocuson held that it was clearly
the Intention OF the United States govern
meut by these treaties anu this patent 10
give to the Cherokees this 100000 acre
tract and the 6,U00,0g) acre tract IN the
western outlet, In lee simple, IL eonsiders,-
tion that they locate there. and rs a result
the Cherokees had a right to rent the land
had it not been for the statute prohibiting