The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1898-10-17

court of3the United S3fs tes Lave re-
Gently fallen incident into IN.
same progressive idea il reference
| l|to this Cherokee real estate. Ii
the late Delaware case, they ad
nit that the Cherokee title undel
the patent was originally private
and not public; that the matter
was 60 understood by the con,
tracting parties; both by the In,
dians and the government itself;
l.but that, when the Cberokees Or
ganized themselves into q constitp-
tional body polite, the transac-
tion had the effect to transfer the
title from the people to the gov
ernment, imparting TO the prop
erty public, instead Of a private
nature, ruling than which moth
ing could be more devoid Of sound
reason. Anyhow in this way it
was that the Indian title was made
to be mere political question,
subject to the legislation Of both
congress aud the national council; !;
hence the Curtis law was begotten,
bred, and born crying allotment
compulsory.
There can be no question, how
ever, but that an allotm ent of these
Cherokee lands among the COM
mon owners might, with the con-
sent Of the Cherokees, be very
reasonable feasibility; and in thai
case, there would be nothing to be
considered but the method of dis
For this purpose,
know of no plan more just and
worthy of practical application
han one usually followed by
courts Of jurisdiction in the dis
ribution of estates among the
common heirs of descendants; that
8 to say, a plan Of distribution in
which the several members Of the
amily, or community, are made
0 share, and share alike, and all
ttempts on the part OF an over
uling few at self-aggrandizement
re not only rewarded with defeat.
ut branded with contempt.
The Curtis bill provides that the
wner of an improved lot shall be
flowed to purchase and have the :
anne at half its real grab. This I
is unjust and con- 3
emnable for two good reasons, at {
EAST: first, because it is an unfair +
rab out of the common estate s
efore the distribution takes place; 7
scond, because men whom the !
Nv proposes to make favorites Of, g
ave done nothing in their lives to v
lerit such an advantage of the 9
herokee communityto which they v
slong. j
Let us look here for moment a
ter the ground Of this peculiar
,nsideration which Mr.. Curtis
i'd his associates in congress have il
zen fit to bestow upon these lucky Il
t owners. What, in fact, have I
icy ever done to merit SO much
ore kindness in the distribution .
our common estate, than the g
st of us poor devils2 When the W
nerokee government gave these b
en- the opportunity to take the !,
70 of these lots, they simply hap I.
med to be a little swifter in the q
ce than the rest Of us; they got W
ead OF US, and jumpedthis prop W
ty. But there is nothing very II
ghly meritorious in all that. I.
ley monopolized those lots; they 4
We had all they bought-the use y
them for q score, or two, years X
dgrown rich off OF them BY rent al
3 them to the rest of their fellow | II
irs cf the estate; but there iS
thing very morally meritorious y
all that; nothing certainly to lay th
rest OF US poor people under Be
y additional obligation to them Ii,
But Mr.. Curtis, and his friends y,
congress, have looked at this =