Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-09-08

allotment of their lands, together
with a number of other things.
But the Indians replied that they
were not aware that they had any
ground of complaint on the score
OF monopoly; that they had all the
land they desired, and at the place
upon the common estate where
they preferred to have it. Never
theless the commission obtruded
their protection and recommended
legislative war upon the monopo-
lists. Hence by the Curtis law it
was made penal offense for any
Indian to be found in the occu-
pancy OF more surface upon the
face OF the common domain than
would be likely to fall to his lot
upon fair and equal division.
Now l have INDUCED in this lit
tie piece ofrecent history not with
out present purpose. 1t shows
that the government at the begin
ming of this agitation was induced
by the Dawes commission to make
special fight upon monopoly as
practiced by the Indians upon
their fellow-Indians; and this will
enable US, in what we shall have
to say subsequently,. to enter fairly
upon the interesting, inquiry
whether the determination of this
domestic monopoly was not mere
ly in order to clean up the ground,
and to open up the way, for the
establishment of much grander
species of monopoly at the hands
of outsiders and outside capital.
In the execution of this purpose
it will be necessary for me to refer
incidentally to the scheme of allot-
ment as projected by the Curtis
lava theme upon which l bad
determined 10 dwell specially in
separate article; but here incl
dentally.
1t is not the soil that law allots;
but the surface thereof merely.
Hence in order to get a clear no.
tion of the Indians estate that
comes to him through this species
of distribution, it will be neces-
sary to fix distinctly in mind the
meaning of the word "surface" as
used in the statute. The word
surface means the mere skin of
things; not that either, exactly,
for there is in the dermic intequ-
mlent something of a thickness;
whereas in the idea of surface"
this third dimension is entirely
wanting. DR.. Webster defines the
word thus, (and l believe he is
right,) 1.-The exterior part of
anything that has length and
breadth, without thickness"
Here, then, we get a distinct
view Of the estate left to the In
dian by the Curtis law; the mere
surface, an attribute of the soil
which is all tangible and visible
enough, but entirely too attenua-
ted to sprout hill of potatoes, or
to furnish mold for his pigs to root
In.
Now the question naturally
arises what has become of the bal.
ance of the Indians estate; of all
that magnificent property extend.
ing from the center of the earth to
an infinite height in the skies,
guaranteed to him 80 bounteously
by the plighted faith of the gov.
ernment-what has become of the
balance of it? Let US see if the
Curtis law will not answer thil
question.
Well, everything that lies below
this filmy surface, except roots,
and few moles, gophers and field
mice that hide in the earth in or
der to get away from the inhuman
ity of man, is mineral" (" "miner
al" you see; and being mineral
is exempt from allotment; that il
to say, it is wrested from the In
dian by a species of Legislative,
robbery, and set aside as a grant
capital for some financially compe
tent person, or persons, to tax,
hold of and employ in schemes o
speculation. 1t was regarded b,
the Dawes commission, (and the,
finally had congress with them il
the matter, as something intoler
ably wrong for an Indian to enclos
and enjoy few acres more thai
his proper share of the common
soil; but here these same men, af
ter clearing these native monopo
lists out of the way, proceed, b.
virtue of law, to monopolize tn
whole Cherokee domain, and leas
it out, (Which is simply to sell i
off, into the absolute control of
| favu cpoor,lotorc uhi 10 tha Tn dian q