The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-03-24
AGAINST THE
INTRUDERS.
Judge Springer Renders a
Sweeping Decision.
A LONG DRAWN CONTEST.
The Money rendered Claimants by the
Cherokee Nation Considered a
Final Settlement.

6CbtANhChG
In the United States court for the
Northern district of the Indian
Territory, sitting at Vinita, jan
uary term, 1899.
William A. Keen, ct al. !
Plaintiffs,
versus }No374
William P. Munson, ct al,
Defendants.
Springer, Judge. Counsel for
defendants in this case call atten-
tion to the statutes of the United
States appearing on pages $40 and
GAL OF Vol. q of the Statutes at
y Large, and also TO the provisions
on page 902 OF the 25th Statute at
Large. These provisions were en-
acted at time when the secretary
OF the interior was required to as
certain whether certain persons in
the Indian Territory were intru-
ders or not; and certain provis-
ions were enacted in regard 10
their expulsion if they should be
found to be intruders. At that
time no law had been passed for
ascertaining who were citizens OF
the Cherokee nation by tribunal
authorized by congress. In the
statutes referred TO it was provided
that persons who came 10 the In
dian Territory prior to certain
date should not be expelled as in
truders until their improvements
had been appraised and the value of
those Improvements rendered by
the Cherokee nation. A commits
sion was authorized and appointed
for that purpose. This was not a
court for the condemnation of the
property Of the persons who were
occupying these improvements
Congress by this legislation con-
ceded the TACT that they were in
truders and had no right to citi-
zenship in the Cherokee nation.
That was conceded by this legis-
lation, for the reason that congress
required the appointment of a
commission to ascertain what was
the value of the Improvements,
and required that the value there
of should be paid or rendered by
the Cherokee nation. Those pro-
ceedings would not have been law
full had there been question as to
whether the persons In possession
were citizens or not. 1t would
have been a confiscation of prop
erty without due process of law if
the occupants had been citizens OF
the nation. Congress conceded
the fact by pursuing this course,
that the Cherokee nation had the
right to determine the citizenship
of these people, and that the only
question was one of good faith.
Congress asked the Cherokee ma
tion to pay those persons who came
to the Cherokee nation prior to a
certain time. That legislation was
passed and the appraisements
made, and Notwithstanding the
fact that there were forty or fifty
thousand persons claiming citizen
ship before the Dawes commission,
the persons who claimed improve
ments under that provision of law
were embraced in less than fifty
cases, | believe--a very small pro-
portion. The case at bar is not
affected by the legislation of con-
gress, which provided for an ap-
praisement under certain condi-
lions mentioned In that act, and
the tender of that appraisement
before the secretary of the
interior could expel them from
the tcrritory as intruders. This
case arises under the law of eject
ment, and we are to pass upon it
according to the legal rights Of the
persons concerned. The persons
making these improvements were
citizens Of the United States, claim
ing 10 be citizens Of theC Cherokee