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

any specific cause Of Forfeiture or onense.
and without any public notice Of the pro-
ceeding. 50 that the parties In Interest have
no opportunity of appearing and making a
defense. the sentence is not 80 much = ladi-
ciai sentence, as an arbitrary sovereign
edict- II has none % the elements of judi
cial proceedinE. and deserves not the res-
pect ~ any foreign nAtiun- u ought TO have
no Intrinsic credit given 60 q. either for It's
justice or its truth b. sny foreign tribunal
Ia T. true that the sheriff Of Tobucksy
county has not taken actual physical posses
sion % the property In controversy. and for
that reason II might be said that the con-
plainant would be enfitied 20 set up his de-
Tense when the purchaser AZ this sale shall
bring suit upon his Sheriff. deed for the
possession OF the property. This position Is
not tenable. because the CaoctAw statute In
question does not contemplate that there
shall be any trial or determination % the
rights of the non-citiHen after the sale. "a
provides that when the sale Il made. 10 the
non-citinen refuses % deliver possession %
the improvements. application shall be made
20 the Indian Agent 60 have him removcd -
an intruder. which 10 an Implied declaration
that after the sale o. made the case In closed.
The offender must either yield 90 the sale
and accept its results OF safer expuision.
and thus. to sun up the mattcr In q nArr,5u
compass. eitiHen % the United states l.
deprived % his property On the mere declar-
alton ~ an executive ofncer without his day
in court. n the purchaser az such sale werc
10 come into a court % justice and demand
that such Improvements bc delivered to him
on the strcnk tbs uch a sale and such q deed.
it seems O. me that the court would not hcs-
itate for q moment 90 decide that be had
shown M legal right. and va therefore. en-
titicd 60 M relief. and II this o. true. sale.
like this would not only east a cioud upou
the property attacked. bot u uould lead O.
futile and unnecessary litigation. whose on-
~ result would b. friction. bad feeling and
discomfort.
But even " this statute provided = forum
and an opportunity for determining these
questions - fact. 10 seems Co me that the
statute aould not b. sustained. because It -
In it, very nature and essence. connscAtory.
A state or sovereignty can not take away or
Interfere with the property % its citizens
without their consent. uniess "a ~ In the cx-
ercise % the power of eminent domAin. tax
alton or police regulations. In the exercise
% the power 90 rmincnt domain. the state
takes private property for public use. after
fuli compensation on the high ground that
the rights % the Individual must be subor-
dinatc o. the public good u places = charge
upon property for the collection % taxes.
because it j. the duty % the individual to
contribute a. the slpport - the government
whose protection hr claims and enloys. "a
intrrfcrrs. under it, police Iuwcrs. wifh the
use aud rnioymcnt 20 private property
when that use u iniuriuusiy affecting Or
abridEinE the lcEai rights and privileges %
others.
The right 20 the Choctaw Nation. thrunwh
It, legislature. O. declare the forfeiture pro-
vidcd Tor Ia the statute under consideration
cannot. In my Judgment. Be traced O. any %
these three great sources 20 sovereign
power. u j. simply and purely laW pro-
vidinE Tor the forfeiture - a man's property
" he fails to comply with the provisions 20 q
Law to which could not be enforced against
him In the courts % the sovereignty that
enacted a.
Ms. Cooley. in hi- Work On constitutional
limitations. says
a party cannot. hy his misconduct. 80 for
felt a right that "a may b. takcn frum him
without judicial proceedings. 10 which the
forfeiture shall be declared In due form.
Forfciturcs of rights and property cannot
be adiudEei by legislative acts. and cunns-
cations Without Judicial hearing. after due
notice. would DE- void - log being due pro-
cess 20 Law