The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1895-06-02

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sent IL. therefore. this we're n proceeding
In Choctaw court under this statute.
against r. sarlls. 60 subject and forfeit bis
property. on the ground that.in its erection
and use he had violated the laws Of the
Choctaw Nation and of the United states
and II said sarll's refused To consent 10 the
Jurisdiction of such court. the Judgment %
the court wsuld be. by the very terms % the
treaty. absolutely null and void. This posi-
tion Il supported. not only By the 7th article
Of the treaty above recited but by the var
ious acts % congress creating this court
and enlarginE IT. Jurisdiction. which has
uniformly provided that these ave civilized
tribes shall have Jurisdiction In those con-
troversies only where the sole parties are
members of such tribes.
In view % the foregoing suxgrwtIons n
would appear unqucstionable thar the
Choctaw tribe % Indians has M. Jurisdiction
OF the person or property of a Citizen % the
United states. not a member of such tribe.
In any mode whatever. executive. IeEisla-
tive or iudiclrl.
concedinE. however. that the Choctaw
tribe OF Indians has the power under exist
INK treaties and laws. 60 legislate with ref
ereuce To a citizen % the unifed states Who
has settled upon their lands without their
consent. how stands the Law under consider
tinnf l. Il valid lawf Does q AFFORD thar
due process Of Law contemplated By the
. 18th amendment % the constitution % the
United Statess
There can be NO doubt whatever that the
cLoctaw tribe of Indians l. subject 60 the
constitution % the United states and bouud
by it, provisions and Limitations. not only
with reference 60 persons who are no. mem
bers of it, tribe. hut also With rcfcrrucs To
. Nr
decd. n there was. within the EeoEraphI al
confines of this country of liberty and iaw.
place or a people who could not al ali
times. invoke the protection of thar great
charter. Congress. Ia creating this court.
In order that there might not be any misap-
prehension about this matter. provided
that
The constitution 81 the United states.
and an general laws - the United states
shall have the same force and effect In the
Indian Territory. a. elsewhere In the United
States"
tsup. Rev. stat. q. = 7ks.l
The ltth amendment to the constitution %
the United States has been the subject ~
much debate and of frequent judicial con-
struction. and. indeed. Mr.. Justice Miller.
one % the most eminent judges who ever
sat uDoa the bench In this country. In the
.
Ef'That the constitutional meaning or value
81 the phrase due process - Law remains
today without that satisfactory precision 81
definition which judicial decisions have xiv
en- to nearly all the other guarantees % per-
sonai rights found In the constitutitn 81
the several states and of the United States"
But. however tangible and dlnacult % In
terpretatioa this phrase may be. the crucial
test undoubtedly iss Does the law provide
a forum or form % proceeding In which the
owner may appear and defend his rights.
and has he hoen given an opportunity To- ap-
pear and dcfends
Mr.. Webster. In the celebrated Dartmouth
College ease. saids
BY the Law 81 the land u most clearly In
tended the general law; a Law which hears
before 10 condemns; which proceeds upon
Inquiry and READERS Judgment only after
trial. Everything which may pass under
form - enactment T. not. therefore. e. be
considered a. the law % the land"
This definition % due process % Law or
the law of the land. which are convertible
terms. has been generally accepted by text
writers ard high judicial authority a. both
accurate and comprehensive.
That the law In question does not measure
up to the standard required By the terms ~
T the definition given by Mr.. Webster. T. In
my Judgment. too plain for argument. This
+ Law. by it, very terms. condemns before IL
hears; Ia does not proceed upon Inquiry. NJ
/ trial a. had in which Judgment can be rem
dered.
I Before this statute can be applied and
made operative. certain conditions must ex-
ist. The person against whom u j. directed.
must be a non-citizcn. not In the employ 81
Z a Chuctaw citizen. or not here under exist
inE treaty stipuiations lie must have
bought or made improvements. and u here
I lawfully. must be using these improvements
Z for a purpose not authorized hy Law. These
are all facts. which must be found to exist
before the authorities 20 the Chnctaw Ma
tiun can enforce this law. And how. hy the
terms - the law itself. are these facts a.
certaineds Not In any judicial proceeding.
because none T. provided for. not upon no.
tice Co the offending party. because none T.
provided Tor. Not after the offending party
ha- had an opportunity 20 be heard and de-
fend his rights. because No hearing and No
defense are provided for. n the offending
party we're permitted To- be heard. be might
claim that he vas member % the Choctaw
tribe 20 Indians. and " not q member be
might claim that ne was here lawfully by
T permission 20 such tribe and under existing
treaty stipulatiuns. These facts are vital.
material. issuahic facts. with reference tu
which the offending party has the right g.
+ be heard. because u upon a hearing he we're
to prove that he was a member ~ the Choc-
taw tribe 20 Indians. % that be war lawfully
here under existing treaty stipuiation-. and
had not erected and used such Improve
provcmcnts In violation of ChoctaW lass. or
the laws 10 the United States. IA would De- .
complete defense. and the statute to him
could not be operative. Instead ~ pruvid-
roper hearing. this statute provides that
= ChoctaW sheriff shall be the sole judge
a. 90 whether person u within the mean
INK % this Law and has offended against its
provisions. and therefore hl. nndinE aa 90
the existence % these facts has neither the