The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-30

nized as citizens Of the
Cherokee nation by the constituted
authorities thereof, and who are
not in the employment of the
| Cherokee nation or not in the en-
ployment of citizens of the Chero-
kee nation, in conformity of the
laws thereof, or in the employment
of the United States government,
and all citizens of the United
States who are lot residents in the
Cherokee nation under the provis-
ions Of treaty or act OF congress,
shall be deemed and held to be in
truders and unauthorized persons
within the intent and meaning of
section + Of the treaty of 1885 and
sections 26 and q of the treaty of
July 19, 1866, and shall, together
with their personal effects, be re-
moved without delay from the
limits of said nation by the United
States, as trespassers, upon the
demand of the principal chief of
the Cherokee nation.
II will be observed that this
clause follows the first clause in
the treaty which ceded the Chero-
kee outlet to the United States,
and it begins by saying, "For and
in consideration of the above ses-
sion and relinquishment the Uni
ted States agrees" So that this
agreement was part of the payment
OF the United States for the Chero-
Kee outlet. 1t was adopted by
congress in that form with slight
amendment. There were certain
persons in the Cherokee nation at
the time who, by their representa-
tiyes at Washington, or through
attorneys, insisted that injustice
would be done to them if this
agreement were ratified in the Ian
guage / have stated it, Therefore
congress appended an amendment
to this treaty, which was and is in
the following words:
And provided further; That be-
fore any intruder or unauthorized
person occupying houses, lands or
improvements which occupancy
commenced before the 11th day OF
August, 1886, shall be removed
therefrom. upon the demand
of the principal chief
or otherwise, the value of his i'm
provements, as the same shall be
appraised by a board of three APP
praisers to be appointed by the
president of the United States, one
OF the same upon the recommends
ton of the principal chief of the
Cherokee nation, for that purpose,
shall be paid to him by the Chero
kee nation; and upon such pay
ment such improvement shall be-
come the property of the Cherokee
nation: Provided that the amount
SO paid for said improvements
shall not exceed the sum of
$3.50, ,O0O.v
The Cherokee nation was re-
quired by the amendment Of con-
gress to agree to this proviso as a
part Of the Strip agreement. The
Cherokee nation did so and appro-
priated the sum named and COM
mission was appointed and the
appraisements were made. In ap-
praislng the improvements of those
who had entered upon them prior
to August IL, 1886, the appraisers
found ninety-one places aggregat-
ing in value s6S,645 36, and ten
dered the amount to the occupants
of the land. Of this sum S39, DBL
80 was accepted, while the sum of
S29, 103.46, although rendered in
legal money of the United States,
was refused. The number thus re-
fusing composed nearly forty |
heads of families. The defendants
in this case are among those who
accepted the payment rendered by
and although accepting |
under the provisions
which stated that upon such pay |
ment such improvements should
become the property of the Chero-
kee nation, the defendants contin-
ued to occupy the premises until
this suit in ejectment was brought,
and they are still in possession.
1t will be seen that the persons
who, it is alleged, came here in
good faith prior to August II 1886,