The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1895-06-02
A COMPLETE TEXT
Concluded From Third Page.

clares that a citizen of the United
States, can by this misconduct, in
violating a law of the Choctaw Ma
tion forfeit his property to such ma
tion, and must yield to such forfeit
ure or be removed from the country
Besides, this statute which permits
the sheriff of the Choctaw Nation to
declare a forfeiture against the prop
erty of a non-citiZen who is citizen
of the United States, is in conflict
with the statutes of the United States
upon that subject. Section 2l33 of
the revised statutes of the United
States provides:
"Any persons other than an In
dian of the full blood, who shall at
tempt to reside in the Indian coun-
try, or on any Indian reservation as
a trader, or to introduce goods or to
trade therein without such license,
shall forfeit the merchandise offered
for sale to the Indian, or found in
his possession, and shall, moreover,
be liable to penalty of five hund-
red dollars"
When this statute was in force
with reference to the five civilized
tribes, the Indian agent had in
proper case, the power TO declare
a forfeiture under such statute. But
the party agains; whom the statute
is directed has right to be heard.
Congress, believing that this statute
ought not to be applied TO persons in
the five civilized tribes, on the 3ist
day of July, 1882 declared that:
"This section shall not apply to
any person residing among or trad
ing with the Choctaws, Cherokees,
Chickasaws, Creeks or Seminoles,
commonly called the five civilized
tribes, etc
Thus congress, even where a per-
son is found in the Choctaw Nation
without permit and without lawful
authority to be there, provided that,
although he shall be removed as an
intruder, his goods shall not be for
feited. If congress refuses 10 sane
ton a forfeiture as against citizen
of the United States, unlawfully in
the Indian country, it seems TO me
that the Indian government, which
has no jurisdiction either over his
person or his property, and which
can pass no law iii conflict with
United States statute, has no power
to do so.
Viewing the whole matter, there
fore, in the light of the foregoing
suggestions, / am of the.opiuiou that
this injunction ought TO he granted,
because the Choctaw Nation has no
power under its treaty with tine Unit-
ed States government, to legislate
with reference to. the person or prop
erty of white man not a member Of
its tribe, because the statute under
which this sale IS sought to be made
provides no way by which the alleg-
ed offending party can appear and
defend his rights; because the stat
ute is by its very terms cOnfiscatCrv.
violation of the 14th amendment to
the constitution of the United States,
and becau: it overturns the policy
of the United States government
with reference to the powers and
jurisdiction of the Indian govern
ments over non-citizens which has
existed for nearly a century
1t is asserted, however, that unless
the sale can be made and this law
enforced, the Choctaw Indians are
without a remedy against the ag-
gressions of lawless and designing
white men, and lest it might be IN
ferred from what | have just said
that in case like this is alleged t.
be, the Choctaw Nation is without
remedy, | feel that / ought, as a
judge, whose duty it is to hold the
balance even between these Indians
and these nOn-citiZens, to indicate
where, in my judgment, the Indian
can find that remedy. The United
States has by solemn treaty, guaran-
teed to the Choctaw Nation, the
right of self government, and to en-
joy, undisturbed, the lands which
have been granted to it by the Unit
ed States. And the United States
government have been ready at all
times to protect the Choctaw Nation
been from time to time enacted bY
and through which that protection
can be given. Section 2I18, of the
revised statutes of the United States
provides that:
Every person who makes a set
tlement on any lands belonging, Sc
cured or granted by treaty with the
United States, to any Indian tribe
is liable to a penalty of one thousand
dollars. The president may more
over take such measures and employ
such military as he may Judge neces-
sary to remove any such person from
any such lands"
Section 2147, provides:
The superintendent of Indian af-
fairs and the Indian agents and sub
agents shall have the authority to
remove from the Indian country all
persons found therein contrary to
law, and the president is authorized
to direct the military force to be en-
ployed in such removal
Section 2l49, provides:
1.-THE commissioner of Indian af-
fairs is authorized and required
with the approval of the secretary
of the interior, to remove from any
tribal reservat alton, any person being
therein without authority of law
whose DreSance within tho limits ~
the reservation, may, in the judg-
ment of the commissioner, be detri
mental to the peace and welfare O
the Indians, and may employ fol
that purpose such force as may bt
necaSsRrY to enable the agent - Of