Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-02-04
5yoLLowING 1sTnE PETITION

E4yOLLOW1NG ISTHE PETITION
10 filed with Judge Burlington and
on which was granted the Injunction
served ON II. A. Chandler, town com.
missioner, TO stop the sale Of the city
parks last week. The petition was
filed aud the injunction granted on
Friday, before the sale and the suit
was begun the following Monday.
Under the Cherokee statute and ac.
cording to rulings Of the court, suit
must be filed before an injunction can
issue.
Hon. II. NJ. Burlington, judge Of the
northern judicial circuit, Cherokee
nation.
The undersigned, your petitioners
would respectfully show:
That the Cherokee nation did by
legislative enactment on the 18th day
Of December, 1870, reserve from set
tlement one square mile OF land at
each and every station along the line
OF all railroads passing through the
land Of the nation, for sites.
That by the same legislative act,
the Office OF town commissioner was
created and the appointment OF the
same was made the duty OF the prin-
cipal chief.
That In the year following, that is
to say, the year 1871, the principal
chief did IN accordance with the law
referred to appoint three persons as
town commissioners whose functions
and duties we're given in the act au-
thorzing these appointments.
That the commissioners 50 appointed
did in the execution OF their Office
locate aud survey one mile square OF
land on the liues OF the Missouri, Kan
sas and Texas. and the Atlantic &
Pacific railroads including the juno
tion OF the said road IN Cooweescoowee
district, together with one mile Of the
road bed Of each road.
That In surveying the reservation OF
one mile square at the junction OF the
railroads mentioned, the commission
ers divided the land into streets, ave-
nues, alleys, blocks, public parks, and
reservations for fulflllment OF the
stipulatlons.
The blocks were subdlvlded into
lots; the blocks were numbered seria-
tin aud were sixty-two In number; the
lots were numbered In each block
separately by numerals; that the
streets are twelve In number, running
north and south, and eight In num-
her running east aud west; the alleys
are narrow pass-ways sub-divldng
blocks.
The reservations for commons or
parks were laid of, are two in number
and are OF equal area, one OF which Is
In that part Of the survey north of the
Atlantic and Pacific railroad and the
other is in that part Of the survey
south Of said railroad. The one north
is bounded by SequOyah avenue on
the south, Scraper street on the east,
Tahlequah avenue on the north aud
Smith street west. The one south is
bounded by Delaware avenue on the
south, Smith street on the west,
Scraper street on the east and Cana
dian avenue on the north and contain
Ing an area OF ten acres and two thou
sand and seven hundred and twenty
square yards each, exclusive OF the
streets bounding them.
That the said commissioners did in
pursuance OF the act OF the national
council creating and Empowering
them, make map or plat OF the sur
yey showing IN detail the streets,
avenues, alleys, parks or commons
and reservations for fulillment OF
treaty stipulatiOns giving the metes
and bounds and distances OF lines and
boundaries Of each and every street,
alley or other reservations and made
public exhibit of the same.
That the said commissioners did
advertise the survey as the town Of
Downingville, aud offered lots for sale
in said town on the 18th day OF Oc-
t0her, 1871, Offering as Inducements 10
purchasers as before mentioned, show
Ing the reservations before mentioned
and upon these representations your
petitioners bought lots and improved
the same, expendlng their time and
money upon these Improvements.
The said commissioners did In pur-
suance Of the law before mentioned
make report Of the survey OF the
town Of Downingvllle as named and
1.-The sale OF the lots made and part
Of said report was made the map or
plat before mentioned, showing in
detail the particulars OF the survey
made and said report was approved
and the survey so made was accepted
as the act OF the !ational council.
That in the year 1879, the national
council In regular session created the
corporation of "the mayor and town
council OF the town Of Downlngyllle," I"
and under the act creating said cor
poratiOn the citizens, voters OF the
town OF Downlngyille, did on the first
Monday In December following the
passage OF the law hold an election,
electing a mayor and five town coun-
cilmen, thus organizing the corpora
tlon OF the mayor and town council of
the town Of Downlngvllle and as such
they took possession Of the public
property OF the town OF Downlngyllle,
including the streets and alleys and
the parks or commons herelnbefore
mentioned and for twenty-threc years
they have exercised complete owner