The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-24

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4 eiEes Maj title "a the citizen. II
6si4 i4hefe iprs in lsw the sdEne rs a
pakent and takes the same place
Ifu thesdtcisions and rpliBgs OF the
court that ii patent has
Counsel have aiso called atten-
tion to the fact that the statute
of the Cherokee nation
does not authorize the Cherokee
nation 70 appear a. party IN these
proceedings. The authorities read
by counsel were proper, and in
! point upon thai question, but un-
fortunately for the gentleman cit
ing them in this case, there Is a
congressional statute on the sub
jAct. The authorities. cited by
counsel were tosthe effect that the
court could not make persons par
ties to suit at will. But statute
can determine who shall be. parties
to d snIt.3 Section 2 Of the Curtis
Act is as follows.
s.Sec. 2. That when in the prog
ress of anysciyil suit, either in law
orequity. pending in the United
States court in any district of said
Territory. IL shall appear in the
court that the property of any
tribe il in any way affected by the
issues being heard, said court is
hereby authorized and required 10
make said tribe a party to said
suit by service upon the chief or
governor of the tribe, and the
suit thereafter shall be conducted
and determined as If said tribe had
been an original party to said
action"
1t will be observed that the
court is required to make the ma
ton party. If the property Of the
nation is In any way affected by
the Issues being heard. The land
itself belongs to the Cherokee ma
tion These proceedings deter
mine who shall occupy that land,
and under this literal reading of
the statute, the property OF the
nation would be affected BY the
issues Of the suit by determining
whether citizens of the United
States, non citizens of the Chero-
kee nation, should occupy it's own
lands What position the Chero-
kee nation is to occupy as party
to the suit is matter for the
courts to determine. The
law provides that if the
nations property is in any way
affected by the issues being heard
the courts are required to make
the nation a party. If for no 9TH
er purpose the nation could come
into this court and be made par
ty in order to allow its attorney or
representative to insist that the
person 10 whom the nation has
sold the land, and who is entitled
TO It's possession should be permit
ted to hold the same. The ma
ton Is in a sense guarantor OF
the right of occupancy Of the per-
son to whom it has been sold these
Improvements, having received
money of the purchaser therefor. |
The nation is at least morally
bound to see that the purchaser |
gets possession of the improve
ments it has sold. It ought to use
its influence to put him in posses
sion. The nation, therefore, has a
right to be made party to all |
these suits, and to be represented |
BY counsel under this statute. 1t
is statutory provision tits un-
necessary tor counsel to cite au-
authorities in other states AS to /
who should be parties to a suit or
who should not be. Here is a
statute of congress that provides
that the nation shall be made a
party its property is in any way
affected by the issues involved.
What judgment or decree shall
be entered hereafter in reference to
the nation is another question.
and. l do not pass upon it. But if
the nation appears here by its at
torney and asks to be made a party
to suit, where its property is in
any way affected by the issues IN
the case, the court will grant the
petition and make the nation a