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

from these lands? | think it has.
On the 28th day Of June last, con-
gress passed what's known as the
Curtis act, and this law, taken in
connection with the history Of the
past, points out the remedy that
the Cherokee nation, and those
citizens Of the nation are entitled
to, in order to secure the possession
OF thier lands. The third section
of the Curtis act is as follows:
Sec. 3. That said courts are hereby
given jurisdiction in their respective
districts to try cases against those
who may claim to hold as members of
"A tribe and whose membership Is de-
MED by the tribe, but who continue
! TO hold said lands and tenements not
withstanding the objection Of the
| tribe; and If il be found upon trial
against the tribe by those claiming to
be members thereof, and the member
ship and right are disallowed by the
commission tn the five tribes, or the
United States court, and the judg-
ment has become tinal, then said court
shall cause the parties charged with
unlawfully holding said possessions TO
be removed from the same and cause
the lands and tenements to be restored
To the person or persons, or nation or
tribe of Indians entitled TO the pos
session Of the same;" etc.
This is new departure Of con-
gress as to how these persons are
to be put out Of the Cherokee ma
tion. In the Strip agreement they
were to be summarily. expelled
from the territory on the demand
of the principal chief, without any
trial as to whether they were citl-
gems or not; upon the demand of
the principal chief they were to be
put out of the nation. Congress
in the Curtis act has said ''that is
little too drastic; we will give
them a day in court; the United
States court will determine
whether the particular, piece OF.
land upon which they are located
shall be taken away from them"
aud the United States court was
given jurisdiction, the very jnris-
diction which was conferred upon
the secretary of the interior by the
Strip agreement. The language OF
the statute is, ".and if it be found
upon trial that the same are held
unlaWfully against the tribe by
those claiming to be members
thereof, and the membership and
right are disallowed by the COM
mission to the five tribes, or tine
United States court and the judg
ment of that court has become
final, then said court shall cause
the parties charged with unlaw-
fully holding said possessions to be
removed from the same and cause
the lands and tenements to be re-
stored to the person or persons or
nation or tribe of Indians entitled
to the possession otthe same. "The
court shall cause the persons to be
put in possession. Now how shall
the court cause them to be re-
moved2 First ascertain that their
right to citizenship has been de-
MED. That in the issue in this
case; HAS their right to citizen
ship been denied?n If so. then
this court is required by law to
cause these persons to be removed,
not to permit the defendants to re-
main in possession of that land in
defnitelyoruntil some higher court
shall say that they are not entitled
to it. But this court shall cause
the plaintiff to be put in posses
sion. The defendants S right of ap-
peal is not destroyed. The de-
fendant can go to higher court
and discuss mis- case as long as he
pleases, but this court is required
to put this plaintiff in possession
at once. That is pointed out in
Section s of the Curtis bill as fol-
lows:
''That when a judgment for restitu-
tion has been entered by the court
the clerk shall, at the request OF the
plaintiff or his attorney, issue writ |
of execution thereon, which shall |
command the proper officer OF the
cour to cause the defendant or defend |
ants to be forthwith removed and |
elected from the premises and the
plaintiff given complete and undis-
turbed possession of the same"
Now what does this language
imply2 Does it mean that il the