The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1903-09-10
THE RAILROAD
LAND CLAIM
Reasonsof Too-qua-stee
for Believing it
Valid.

An Indian takes an allotment on
an odd numbered section, (say No.
33) within ten miles oil the M. X.
& T. railroad track, and receives a
deed from the Chief which has
been approved by the Secretary OF
the Interior; now, as a pure ques-
ton of law, whose land lie III
We shall not stop to cite author
tiles; the principles upon which
we rely are elementary, and fami-
liar, especially to the professional
mind.
This tract OF land, prior to the
act Of allotment, belonged to the
Cherokee government, under a pa.
tent from the United States which
was affected with the proviso, that
the title which II conveyed should
revert to the United States in case
the "Cherokee Nation becomes ex.
tinct, or abandons the same"
These two specific causes of re-.
version were set forth in the pa.
tent for obvious practical reasons;
to save the trouble Of any proceed
ing in the nature of administra.
lion, in case OF the death of the
nation; again, to bring to bear up.
on the tribe a cogent motive for
staying at home, and to check the
disposition to rove, tendency
which was thought to be only too
natural In the Indian mind.
But no one will pretend that
these two are the only conditions
upon which revefsion might be
cast. Suppose the ownership ol
the Cherokee nation should cease
TO exist from any cause whatever
who, whether natior or indivi-
dual, could possibly take, except
the United States9
Now. 1t is the fundamental ides
In the scheme Of allotment, that
the ownership Of the Cherokee ma.
lion shall be terminated; and this
end has now already been attain
ed. The United States, by an acl
Of congress approved July 2, 1902
proposed TO the Cherokee Nation
TO relinquish, for certain consid.
erations, 4ts interest in this land,
aud allow other owners TO succeed
to the estate. The Cherokee ma,
tion accepted this proposition, and
on the 7th day OF August, 1902, by
popular vote, concluded en- under
standing TO that effect. Conse
quently, At that date, the owaer
ship OF the Cherokee Nation aclu
ally terminated and the Cheroket
patent ceased to be a muniment oI
title In any particular owner. anc
dropped into The condition OF q
mere evidentiary TACT going Il
show the nature OF the title as Il
now exists Ia some new grantee,
Subsequently TO that date, (sald
7lh day of August) nothing re-
mained for the contracting parties
to do in premises, but TO carry oul
10 detail the terms Of the deal
and in this work they have evei
since engaged, and are at the pres.
ent day.
Nov, the ownership of the Cher
okee Nation having terminated,
that 10 to cay, the Indian li.ls
having been extinguished, We
submit whether. Ia the absence oil
any special fac;s, there is any
thing 10 the common law docuriues
of real estate, 10 prevent the r..
versioner from succeeding 10 tue
estate The fac. =, on the 7th
day of August, by virtue OF ,
ratification vote ni the Cherokee
Nation. the Uuilsd slates cessrd
10 be mere rsversionsr, and oe
came the absolute owner OF ell
tha, body Of real estate known AZ
the Cherokee domain.
|. may be said righ. here, how