Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-10-18
THEIR DAY IN COURT.
Claimant Cases Appealed to
the Third House,"

mas tnis 20 say IN reference 10
matter Of general interest to th
Cherokee people:
~ am fully aware that the In
dians can secure desirable legisla
ton If they seek it properly; hu
they will never succeed with
fight on their hands, and they
have been SO advised. They will
profit by this and secure townsile
mineral, and other legislation SC
much needed. The claimants
have demonstrated the fact that
they can defeat measures, if not
successful in their own. The cit
izen is being educated as to our
strength, and the white Indian,
who does not acknowledge IL, is
not taken into the councils. II
was conceded that we were in The
fight when Senator Stewart, ct al .
was heard from during the closing
days Of the last session of con.
gress."
II is not our intention here to
enter into discussion with Mr..
Edmiston in reference to the legal
merits OF his clients claims. The
day for discussion Of that kind has
passed; The question Of law and
right, as far as his case is con.
cerned, has been finally settled.
Mr.. Edmislon and his clients
have already had their day in
court. The only tribunal known
to the constitution having the jur-
isdiction to try and determine
legal and equitable issues between
man and man, has heard their
case, and its decision was against
them. They claimed that they
were Cherokee Indians and en-.
titled to the rights Of Cherokee cit.
izenship; but when put to the test,
they were unable to make good
their pretentions. Hence they
had 10 abandon the chase, and
leave the judicial woods without
carrying any game with them.
But Mr.. Edmiston and his eli.
ents were not willing to abide by
the decision Of court Of justice;
justice was not what they were af-
ter. They were not seeking re.
dress for a wrong which they had
suffered, but TO make a substantial
conquest; that is to say they were
wanting to capture an allotment
out Of the Cherokee domain. For
the purpose Of speculation and |
gaming, however, they found the
court Of judicature to be a ponder.
Gus, clumsy, unwieldly thing. Its
methods were all running in long
established and usvarying grooves.
The officers OF the court were all
absolutely inapproachable. 1t
would not do to attempt any thing
like triAing with the judge; and
the playing OF the agreeable"
with juror was strictly prohibit
ed. Indeed Mr. Elmiston and his
clients were shut absolutely out of
the chase, excepting toe poor lit
tie privilege OF furnishing the evi.
dence; the balance Of the judicial
job was done by the court. There
was no place at all for lobby work,
that is, for the play of those ex-
ternal influences whose object it is
to corrupt and pervert the chan
nels OF justice,
Of course, in a court Of this kind |
Mr.. Edmiston and his clients were |
beaten. But they were not willing |
to let their enterprise "hat out"
in that ignominious way; they |
must keep up the struggle. The
is no more chance however, in the |
judicial branch Of the government.
A new forum is indispensable.
Hence they turn their backs upon,
and leave, the judicial, and lug
their case into the legislative
branch OF the government; that
branch whose constitutional busi-
ness is simply to make laws, and |
not to adjudge the rights Of prop
erty between man and man. Ii is
true, congress has 10 constitution.
al right, or power, to entertain
their complaint, or TO legislate up
on the question. To do so would |
be an open usurpation Of the judi
clal function by the legislature. |
Nevertheless, if what Mr.. Edmis.
ton says is true, congress has al
ready assumed jurisdiction OF bis
case, aud he has actually had
somewhat of a hearing; he has
been able, through the help OF sen.
ator "Stewart ct al, to staye off
any benign legislation for the ben.
eft Of the Cherokees, because of
their refusal to admit bis clients
TO Cherokee citizenship, and he