The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-04
TINE ca rrLE ON THE CHEROKEE STRIP.
The Right or the 0~overn.eut 20 Rensva
Thea-The TItIs to the 0utlat.

The Right or the 0oversae~t 20 Renew
Then-The Title to the Ostiet.
WARRINGTON. Sept. 3-The orders issued Ia
Gen. Miles to drive all cattle from the Chero'
kee Outlet give him a duty with which he Ia
familiar. Seven years ago he had . similar
task on the Cheyenne and Arapahoe reserva-
tion. 1t Is said that there are now about
100000 cattle on the Cherokee tract: but the
number driven from the Cheyenne rsserva-
tlon during Gen. Atkins's term as Indian
COMMISSIONS WAS reckoned By Capt. Loo. the
agent. at 10000. At that time unusually
heavy rains in the Indian Territory had
washed way the bridges. and the streams
were SO high that tho herds had to move
slowly. Tho troops. however. were consid-
crate. and the cattle were driven of without
resistance.
In the present instance. also. It is not likely
that any attempt will be made to resist the
execution Of the Presidents instructions. and
Gel. Wade has plenty OF troops to enforce
them. The original proclamation ordering
cattle away from the Cherokee Strip was is
sued as long ago as Feb. II. 1890. and gave
months OF notice. SO that intruders are there
now at their own risk and under rcumstanc es
calling for no favor.
As to tho legal aspect Of the matter. there
can hardly be a doubt that tho removal Of the
ChttlemCu nuu tu0iE H0EuS cannon DC inter-
fered with. Section 2.147 Of the Revised
Statutes declares that the Superintendent Of
Indian Affairs and Indian agents and SUBJ
agents shall have authority to remove from
the Indian country all persons found therein
contrary to law. land the President is author.
lied to direct the military force to be en-
ploycd In such removal" The following Soc
ton imposes q penalty OF $1,000 on any
person who returns after such a re-
moval. Section 2.140 is to much the same
purpose. and there tho Indian Commissions
Is authorized and required with the APP
proval Of the Secretary Of tho Interior. " to re-
move from any tribal reservation any person
being therein without authority OF law. or
whose presence within tho limits OF the reser-
walton may. In the judgment Of the Commis-
sioner. be detrim entail to the pence and welfare
Of the Indians" This latter clause is particu-
larly important. since. even X the claim were
made that the cattle owners are not violating
the law. 1t would be enough to show that the
Indian Commissions considers their pres
ence detrimental to tho welfare OF the Chero-
KEGS. Section 2.140 proceeds to declare that
the Commissioner may emp loy any necessary
toTse to et,ssi such aStb rsmeyH H. y rr.sid ssst'i in
such cases to use the army for Arresting and
~ejecting intruders.
The question may 10 raised as to the right
OF the Cherokees to give leases. to the cattle
men and to protect them in. their possessions;
b But III ssI Issat 1 '%a Sso has sgrstids y {1 bs Of t fs,' led
grant. lease. or other conveyance Of lands, or
nation or tribe Of Indians. shall be OF any
validity In law or equity unless the same he
p %nas q 1f to t5s shs c or fanysn''Sr The sn eSsrot le ess
h hsys. 1 iSss seSSnf fsa5 so that ,b their . t tcs tics n 2,
accordingly it could he lawfully leased
anaf5 the o, very Try. efNs syIs.d s @s !, in , ,ns
United States courts that the Outlet is not
territory, for residence but, only for passage
ground" Indeed. the. original treaties inIi-
cherokees a hxed home. and then add guar.
sdefa Oh Z I! nis ar tSe ru Hps,se. Of s exis To TN hs1 Ha ,nts
ing grounds. II the Outlet is not even a tract
for the residence Of the Cherokees. still less is
1t a tract for leasing to white people. in viola
ton Of the general restrictions, laid down in
tho ssn5stss; o, Il FeS 2 e. fas Isle decided i f1it si9e s,o tns
court has gone still further. declaring it to be
the Cherokee till to the Outlet has not iapsed
1t Is clear. therefore. that the cattlemen now
is certain that Il they. or any OF them. have
held leases from the Cherokees. those leases
Government; Moreover. as has been seen. they
received. as long ago as February. 1890. r. very
liberal notice tn take away their cattle. under
which exclusion by force was not to take place
until the LIST OF October following. Hence.
those who have returned or who keep their
cattle there now can expect no consideration
whatever.
There is q special reason for the present ac.
ton OF the troops IN the agreement which tho
Cherokees have Mt last made with the Govern
mont Com missioners for the sale OF their
rights in the Outlet. Their consent to this
sals was long refused because they wanted
FIRST u DECISION O. the United States courts as
to their title. When this decision came it was
40 disastrous to their theories that. although
they promptly entered an appeal to the Su-
prone Court. they prudently changed their
policy. and con scented to sell the Outlet for a
price which. all things considered. would be
very liberal on the part OF tho Government. A
ratification Of this acreement by Congress-, II
made next winter. would allow the Outlet to DO
opened to settlement in the spring. 1t is clear,
therefore, that the Government Is acting for
the best interests NJ the cuttlemen. as we'll as
for its own. In removing the cattle during the
present favorable season. instead OF waiting
until such q removal might entail a heavy loss
OLD LANDMARKS REMOVED.