Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1893-02-09

There being no law of our national
council defining what constitutes a
family, | must IN my opinion ac.
cept the standard authority here
cited by the highest authorities of
the meaning of the English Ian
guage, based upon the decisions of
the supreme courts of the various
states, and the supreme court of
the United States, all OF which do
not conflict with any known con.
struction of the term, "heads of
families" by the laws of the Cher
okee nation. In further support
of my opinion as to what the ma.
tional council meant by inserting
the words, "heads of families" in.
stead of adults, | will quote from
the chiefs message to the national
council, advising nat the bill be
amended. Executive Depart
ment, Dec. 2, 1897 advise that
this act be amended 50 as to place
adult persons without families, ad-
ministrators and executors OF es.
tates, and guardians of minors and
other persons upon the same legal
status as heads of families" Here
the chief calls the attention of the
council by special met lge, but
the council did not see roper to
so amend the law, but it stands
restricting this franchise to
heads OF families. can come to
only one conclusion as to what the
national council intended by fram-
ing this bill as it now. stands; that
is, that bod, intended it to apply
to heads of families, as that term
is commonly used and accepted by
the Cherokee people, which is in
accordance with the authorities
above cited. That no one single
person, not having the care, sup
port, control or management OF
another person, is the head of a
family. In connection, | will give
it as my opinion, that administra-
tors of estates, executors of wills,
and guardians OF minors, have all
the rights and privileges under thi:
permit law that would inure to the
parents were they living l am
confirmed in this opinion by the
statutes now in force relating to ad
ministrators aud guardians o
minors.
Your second question is: doe!
the same act forbid the employ
nent of commercial men or labor
that is to say clerks, book keepers
druggists, doctors of medicine anc
generally such assistance of com
mercial enterprise and profession
authorized and licensed by th'
laws of the Cherokee nation" Up
on a careful examination of the ac
now under consideration, | fine
only two classes of non-citizen la
borers prohibited from employ
ment; that, farm laborers on NOR,
than two farms or improvements
the other to run, herd or manage
cattle. II the national council haC
intended to exclude from employ
ment those other classes mentioned
in your inquiry, they certain y
would have done so by repeating
so much of the then existing Law
as allowed the employment OF non
citizen laborers. 1t is a well es
tabiished rule that penal laws are
to be construed strictly. SO this
permit law cannot be construed L
prohibit a class of employees no
mentioned in the act, and no re
peaiing clause in the act to covel
or apply to those classes ofpersons
No penalty can be adjudged where
there is no law violated. Wher,
there is no law, there is no trans
gression of the law. Webster
dictionary defines mechanic" Il
be "a workman or laborer othe
than agricultural" Page 823. s.
mechanical labor is embraced
under the general term, as contra
distinguished from agriculture
labor; so in my opinion, thos'
classes of laborers named are no
excluded from the right of EN-
| ployment by our citizens.
Your third question is, Sin tn,
same act, it is declared no permi
shall issue, authorizing a citizen L
employ a non citizen to run, her,
or manage cattle. Does this in
junction apply to the agriculture
laborer, to prevent such lahore
from feeding, working or manag
ing the cattle necessarily kept o
belonging to the farm of some cit
izen." In making up my opinion
on this question must examin
again our acknowledged authoritie
on the meaning OF English Ian
guage, Webster's dictionary, whicl
defines agricultural labor to b
"the art or science OF cultivatin!
the ground, especially in larg
quantities, including the prepaT
alton OF the soil, the planting o
seeds, the raising and harvesting o
crops. and the feeding and manag
ing of live stock; tillege; husband
~; farming" have here quOte'
the whole paragraph literally
which fully expresses my opinion
on this point. That is to say tina
il is a part Of the duties Of a farm
hand to feed, care for and manag
all the live stock kept on or abou
the farm of his employer. Tha
such work has always been regard
ed as a part Of farm labor by tn
| Cherokee people. There is n
doubt with me that the intent AM
meaning Of the term run, herd o
manage cattle as used in this ac
applies to such persons as are em
ployed TO run, herd or manage cat
tie as a special or general business
| eararata and independanf of laho