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

hutnofi4eu 70 appeal 70 Sne OuitSu
States court, the decision of W. sch
court was, In the first instance,
made final. The defendants and
other claimants 10 citizenship in
the Cherokee nation accepted these
tribunals, and they were bound 10
accept them, for taey had been
created by congress at their in
stance. In all the briefs and ar
guments of counsel before the
Dawes commission and before the
United States court, il was con-
ceded that vast property &ights OF
the claimants to citizenship were
involved. The right to be enrolled
as citizens was the least of the
benefits conteDded for. The right
to share in the lands and in the
moneys of the nation was the real
contention. That question was
decided adversely to them both by
the Dawes commission and the
United States court, and by that
adverse decision all of their rights
to occupy the landsin the Chero-
kee nation and to make and own
improvements thereon fell to the
ground. Ii they were not citizens,
as the tribunals have held that
they were not, all improvements
placed by them upon the lands of
the nation became at the time
they were made the prop
erty of the nation, and
their occupancy OF the lands
was a trespass ab initto Under
the decision of the United States
court, to which | have called at
tention in the case of Deffeback vs.
Hawke, lis U. s. reports, supra.
it is distinctly held that persons
making improvements under such
conditions acquired no right to the
property what yer, and even the
question OF good faith cannot be
set up. This rule is not an un-
reasonable one, nor is it a rule
which applies solely to the United
States and the Cherokee nation.
The same rule applies between
individuals If A builds house
or makes other Improvements up
on the land of B without B's con-
sent, such houses and improve
ments become the property of B,
and whenever A is elected from
the premises he has no right TO
remove the improvements which
have become fixtures. The de-
fendants in this case, and the
claimants to citizenship generally
in the Cherokee nation, have not
been taken by surprise in this
matter. they have known all the
time that their right to occupy
lands In the Cherokee nation, and
to make and own Improvements
on such lands, depended solely
upon their right to citizenship in
the nation, and if that right should
be decided adversely to them they
would be regarded as intruders
and the Improvements which
they had made would belong to
the Cherokee nation. Hence, no
hardship has been imposed upon
them; except such as they have.
with their ewes open, brought up
on themselves, but it is question
able whether they have lost any
thing whatever. Generally the
improvements placed upon lands
by intruders have been Of but lit
tie value. The intruders have had
The use Of the lands. in some cases
IS many as twenty five years; they
have paid no taxes and have en-
oyed the rents and profits of the
ands which they have held. They
have paid nothing for the lands,
md the improvements generally
ire of but little value. As a rule
hey have suffered no hardship.
They have been the gamers by the
and occupancy of the
public domain of the Cherokee
nation. They have had their day
n the courts and they have lost,
ind they have no right to COM
,lain. Having failed to establish
heir right to citizenship it was /
heir duty as good citizens to va I
,ate the lands VIII ich they unlaw-
'ully held.