The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-09-20
HAVE YOU A CLAIM?
A FINE LEGAL POINT RAISED BY A
VETERAN PREACHER
he Claims That the Indian AIlotments are
Still Subject to Entry by Home
steaders.
The Only Lands Intended for the Indians
Were Those Which They Occupied
and had Improved.

One of the best postad men in this coun-
try with reference to land laws and every
thing else concerning the settlement Of a
new country is Rev. J. c. Post, the veter-
an minister of the Gospel of this city.
While he has lost no time in studying the
Divine law he has given a good deal Of
study and thought to every other law that
benefits humanity. For half century be
has been on the border of civiliza-
ton aud for that reason is gen.
tleman of very ripe experience in
all the legal points in the homestead
and land laws Of Uncle Sam. A reporter
for the EAGLE met him yesterday and af-
ter asking him his opinion of the methods
of opening the Cherokee strip a thought
flashed across the old gentlemans mind
that came to him like an inspiration.
''There are sixty-two good claims still open
to lawful settlement in the Cherokee
strip" said the old gentleman, (which
some lucky man can make fortune out
o. if he has the nerve to take and fight for
them IN the courts if necessary. They are at
present occupied by the unlawful act of
the party appointed to allot to
seventy Indians certain lands granted
to them by act of congress. The lands to
be allotted to these Indians were to include
the improvements of the indians. Now it
is evident that when the Indians aban-
doned these improvements and took
claims elsewhere they lost all right to any
allotmcnts anywhere else in the strip.
Neither the agent who was party to the
attempted fraud nor Secretary Smith who
sustained the agent, had any authority for
such action, whatever. The allotments
of these Indians are subject to settle
| ment by any lawful claimants. In such an
event tie matter will probably be taken
into court. but you will find that
the Indians cannot hold the land"
DR.. Post said no more, but there was
something in his words that was very con-
vincing that he was right. He spoke like
man who knew what he was talking
about, and the reporter Immediately hunt
ed up the presidents proclamation of Au-
gust % to ascertain what references he
made on the subject
The president first says:
Whereas, Pursuant to section 10 OF the
| act of congress approved March g. 1893,
entitled an act making apprOpria-
tions for current and contingent eX-
penses, ard fulfilling treaty stipulation
with Indian tribes for the fiscal year end
ing June so, 1894, the Cherokee nation of
Indians by d written agreement made on
the 18th day of 1898. has ratified the agree
ment for he cession of certain lands here
matter described as amended by said act
of March 3. 1898, and thereby coded, con-
veyed, transferred, relinquished and sur
rendered all title, claim and interest of
every kind aud character in and to that
part of the Indian territory bounded on
the west by the Tooth degree of west long,
itude; on the north by the state Of Kansas;
on the east by the ninety -sexth degree 900
of west longitude, and on the south by the
Greek nation, the territory of Oklahoma
and the Cheyenne and Arapahoe reserva-
tion, created or defined by executive order
dated August 10. 1869.
Then the president says:
provided, That any citizen of the
Cherokee nation, who, prior to the first
day of November, 1891, WAS bona fide
resident upon and further had, as a farmer
and for farming purposes, made perma-
nent and valuable improvements upon any
part of the land SO coded and who has not
disposed Of the same, but desires TO occupy
the particular lands SO improved AS a
homestead and for farming purposes, shall
have the right to select one-eighth of d
section of land, to conform. however, to
the United States surveys, such selection
to embrace, as far as the above limitation
will admit, such improvements"
Mark what the president says: "But
desires to occupy the particular lands SO
improved as homestead aud for farming
purposes" He does not say any land that
they may choose to occupy. but 1.-The par
ticular land so improved" The lands
they were allotted were never occupied by
| them nor were they ever improved by
them. The balance of his proclamation
with reference to the Indian allotment is
as follows and is given for the informa-
ton of those who may be interested in
this point OF law:
The wife and children of any such citi-
zen shall have the same right of selection
that is above given to the citizen, and
they shall have the preference III making
selections to take any lands improved by
the husband aud father that he cannot
, take, until all of his improved land shall
be taken; and that any citizen or the
Cherokee nation not a resident within the
land SO coded who. prior to the LIST day of
November, 1891. had, for farming pur-
poses made valuable aud permanent i'm
provements upon any of the land SO coded
shall have the right to select one-eiShth
of u section of iaud to conform to the
United States surveys, such selection to
embrace, as far as the above limitation
will admit. such Improvements. but the
allotments so provided for shall not ex-
coed seventy (70) in number and the land
allotted shall not exceed five thousand aud
six hundred $500 acres; and such
allotmeuts shall be made aud confirmed
under such rules and regulations as shall
be prescribed by the secretary OF the
interior, and when SO made and con-
firmed shall be conveyed to the allottees
| respectively by the United States IN Zee
simple. and from the price to be paid 10
the Cherokee nation for the cesson SO
made there shall be deducted the sum OF
81 40 for each acre so taken IN allotment;
and provided that d. ". Bushy head, hay-
| ing made permanent or valuable improve
| ments prior to Nov. l, 1881, shall have the
right TO remain on the lands so coded,
whether reserved or otherwise, prior to the
opening of said lands 10 public settle
| ment; but he shall be required TO pay for
such selection at the same rate per acre as
other settlers into the treasury OF the
United States in such manner as the secre-
! tary of the interior shall direct
Mr.. Owen, who made the allotments, is
| the national Democratic committeeman
| from the Indian Territory, After
the cattlemen left the country some
sixty or seventy indians settled
in the Cherokee strip and began forming
and making Improvements. When the
agitation for the opening OF the Cherokee
strip began these Indians raised howl
and to satisfy them congresc in passing
| the act for the purchase of the Cherokee
strip for white settlement deemed it wise,
| or Just al least, to protect them IN the
holdings which they had improved but
not, according to Mr.. Posts idea, to pro
tect them in the possession OF any othel
holdings except these However, tbers