The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1895-06-02
A COMPLETE TEXT
Judge Stuart's Opinion In the SarII's In
junction case-An Exhaustive OpIn-
Ion-InlunetIon Granted.

wherein the plalntin was citizen of
the United States and the Choctaw
Nation the defendant. While the
decision is lengthy, it is so far reach
ing in its Importance as TO justify a
careful perusal. 1t is as follows:
on the 18th day OF April. 1885. Jonas Pea
body. sheriff Of Tobucksy county. Choctaw
Nation. through his deputy. William Ansiy.
advertised for sale one three-story building
and improvements thereto belonging. In
the town OF South McAlester. and known
as the block or property of the complainant
therein. That advertisement. among other
things. uses the following language:
said improvements besug owned and
claimed by II. sarlls. who H. United States
citizen. and not authorized 10 own improve
ments in the Choctaw Nation under existing
laws Of said Choctaw Nation. and section
2lis Of the Revised Statutes Of the United
States"
II is admitted that the sole power and al
thority Of Jonas Peabody To- sell said proper
". II such power and authority exist. Is to
DE found in the laws 81 the Choctaw Nation.
page 2is. section 3. which provides:
All non-citizens not In the employ "a
citizen of the Choctaw Nation and not au-
thOrized TO live in the Choctaw Nation under
the provisions 81 existing treaty stipula-
tiOns. who have made or bought improve
ments In said nation. are hereby notined
that they are allowed To sell their improve
ments To- citizens. and 10 such non-citIzenS
fail To- comply with the section. thea Il
shall be the duty ~ the sheriff 81 the cnun-
ties In which such improvements may he ln-
Gated To advertise the same for sale In thirty
days. and sell the same at the appointed
time, To the highest Choctaw citizen bidder
for cash. One-h half Of which shall be paid in
To- their respective treasures and the other
half into the National Treasury. Provided
however. that II any such non-citizens fail or
refuse To- deliver the possession of such I'M
provements. he shall be reported by the
sheriff 81 that county To- the Principal Chief
and 10y said chief To the United States In
dian Agent, To take the proper steps for the
removal and prosecution % such offender
under section 2lls. 81 the Revised Statutes
Of the United States. Provided. further.
that a notice Of sale shall be posted by the
sheriff in three public places in this county. +.
which shall be legal notice u all persons
against whom this law may operate"
And in the following section, page 26s. 81
the Ch"ctaw laws. which section provides as
follows;
ings for the purpose Of renting them and are
renting them. shall within sixty days from
the passage 81 this act. dispose 81 the same
or be dealt with in the same manner a. pro-
vided for in the sale Of non-citiEen's inn
pruvements in the law 81 October 30th. iss7.
in reference thereto"
The complainant. n. rls. has applied 80
this court for an injunction t. restrain said
Jonas Peabody from making such sale. on
the ground that such sale will east a cloud
upon his title, and on the further ground
that the act of the Choctaw Nation. under
which said Peabody. j. claiming to proceed.
IT, in violation Of the 18th amendment a. the
constitution % the United States which pro-
vides as follows:
No state shall make or enforce any Law
which shall abridge the privileges of im.nu-
mites Of any citizen Of the United states nor
shall any state deprive any person 81 life.
liberty or property without due process II
law. nor deny To- any person within it, iuris-
diction equal protection 81 the law"
In the consideration of the question. this
court will confne itself 10 an examination -
the last ground alleged In the complaint and
will consider. first. whether the Chuctaw
Nation has the power to pass laws which nf-
feet the person and property of citizens 81
Ess
Second. whether II such power exists. the
law ~ passed by said nation. under which
the sheriff. Peabody. H. acting. L. a conStltu-
tional law; and third whether IL such law Is
unconstitutional. the complainant has the
right to invoke the protection Of this court
To- prevent it, enforcement.
have made a dilligent examination 81 the
treaties between the Choctaw tribe ~ In
dians and the United states 81 America.
and Of the statute laws % the United states
with reference to the Indians who are with
Ia it, borders. and subject to it, dominion.
and nnd no provision which gives such
tribes 81 Indians any Jurisdiction over the
person or property of a white man. on the
contrary. in article :. % the treaty 81 1855.
between the Choctaw Nation. and the Unit
ed States. the following language l. used;
so far a. may be compatible with the CON
stitution 81 the United States and the laws
made In pursuance thereof. regulating trade
and ir arcourse with the Indians. the Choc-
taW- and ChickasaWs shall be secure In the
unrestricted right 81 self government. and
fun Jurisdiction over persons and property
within their respective limits. excepting.
however. all persons. with their property.
who are not. by birth. adoption or otherwise,
citizens or members of either the Choctaw
or Chickasaw tribes, and all persons not b.
ing citizens or members 81 either tribe.
found within their limits shall be considered
intruders. and be removed from and kept
out of the same by the United states Indian
Agent. assisted, IL necessary. by the mill
tary. with the following exceptions. viz'
such individuals a. are now. or may be. IN
the employment Of the government. and
their families. those peacefully travelling ~
temporarily soiourning In the country or
trading therein under license from the
proper authorities of the Udited States. and
such a. may be permitted by the ChoctaW'
OF Chickasaws. with the assent of the Unit
ed states Agent to reside within their limiti
without being citizens or members ~ eithr'
OF said tribes"
This provision of ithe treaty expressll
provides that the ChOctaw Nation shall no
/ have Jurisdiction over the person or proper