Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-03-10
OUR REVENUE LAWS UPHELD.
,hief Mayes Addresses Letter to the
District Clerks.
TAHLEouAH. 1. T. Feb. 2s. ISIS


GENTLEMEN: Since January 1st,
1898, complaint from various sOuces
has been made to the affect that our
revenue laws have not been COM
piled with but that they have been,
except in a very few cases, disre-
garded. 1t is contended by many
of our best citizens that the act of
congress approved June 7th, 1897,
transferred all the jurisdiction after
Jan. 1st, 1898, formerly exercised
by our tribal courts, to the United
States courts and repealed all our
laws, including those with refer
ence to the collection of revenue.
Provided this act of congress is con-
stitutional, it gave the United
States courts exclusive jurisdiction
of "any offense committed after
January 1st, 1885," but "offense"
as used in this act must mean the
violation of federal law as extend
ed over this country and in force,
otherwise the courts could
not arrest, try or punish
any one for the commits
sion. Our courts were not abol
ished, neither were our laws re-
pealed, but they were expressly
recognized to be in force for certain
purposes and the act is constitu-
tional as the crime OF larceny, for
example, is punished in the United
States courts, as they have original
and exclusive jurisdiction, it being
an offense against the United States
laws as extended over this country;
but our revenue laws were not
adopted or recognized by congress,
therefore the violation of them is
not an offense against the United
States punishable in the United
States courts.
If our revenue laws were not re-
pealed by this act of congress and
they were in force prior to January
/, 1898, they are in force In my
judgment to day, and if the United
States court has no power to en-
force them our tribal courts have.
Our courts have all the power they
ever had except that which was
transferred by this act to the
United States courts and if juris-
diction to punish the violation of
our revenue laws was not given
them our courts retained it and it
is your duty to see that they are
strictly enforced. Section 10, ar
ticie 1 of the constitution of
the Cherokee nation enjoins
upon me the responsibility OF TAX
ing "care that the laws be faithfully
executed" In obedience to the
letter and the spirit of this provis-
ion | take occasion to strongly
urge upon you the necessity of in
dieting and Furnishing every citizen
of the Cherokee nation who fails
to comply with our revenue laws.
Use economy; very few witnesses,
in addition to the records, are nee
essary to indict and convict. You
will pardon me for suggesting the
advisability of your using your
best efforts to clear the dockets of
all pending criminal cases for Of
fenses committed prior to January
/, 1898. Frivolous continuances
are the occasion of enormous ex-
penses, and the reports for the
past few months show that the ex-
pense OF our criminal courts has
not decreased. A fair trial should
be given every citizen, yet he as
well as the prosecution should be
able to show that he has used due
as the law contemplates,
before a continuance is granted.
The clerks of the several dis
tricts are advised that they are re-
quired to make monthly as well as
quarterly reports, and that in the
future this requirement will be
strictly enforced.
Very respectfully,
:. II. MAYEs,
Principal Chief C. N. /