The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1903-09-10

ever, that those very especial
facts" which were TO cut Il, and
prevent such reversion, we're de.
signedly provided in the plan Of
allotment; to wit, the Cherokee
Nation is to convey by deed in lee
simple directly to the allottee;and
the United States is to approve
such deed, which approval is to
work a REIMBURSEMENT to the al
lottee OF all interest that the
United States ever held in the
property. The reply is easy and
conclusive. What ever may have
been the design of these provi-
sions, they are utterly futile as
safeguards for the protection of
the allottes against the railroad
claim.
In the first place, the deed from
the Cherokee Nation, as a muni.
ment OF title, is absolutely worth
less; 1t is not worth the paper on
which II ie written. The Chero
kee Nation, having only life es
tate in the property, can not con.
vey so as to defeat the rights of
reversion. Nor Is it in the power
Of the United States, as reversion.
er, to help the infrmity Of this
deed Of the Cherokee Nation, any
more than any other stranger
might do; because as early as 1866
the United States parted with and
granted to the railroad company
all the interest in the property II
then had, or ever expected to
have. The railroad thus succeed
cd to all the rights OF the United
States, and Is now the ultimate
reversioner Upon the extinction
of the Indian ownership, the
United States stood only as a me-
dium through which the title
would have technically to pass ID
its instantaneous transition from
the Cherokee Nation TO the rail-
road company. Up to this poinl
Of The discussion, the railroad
company Is unqrsstionably tn
real owner of said section No. 30
But Il is said again that tn
charter carries in itself : safeguard
sufficient to afford the ailottee al
needed protection; the railroa'
company 10 not to have the lane
when the Nations title is extin
guish ed but II has still to wait un
! til the land in question has ss
sumed that technical form II
which II can be properly called tn
! "public lands Of the Unite'
; slates," and this, it is said, |
never will do.
II IL noticeable that this is an ar
gument the force OF which con
sists merely in the ardor Of hope
il is sincerely hoped that thes
lands . may never become tn
, "publIc lands of the UniteI
States" II is very certain tha
the railroad company, when the
. lobbied this charter through con
. gress, had an eye to some futur
day when this latter condition
: would be fulfilled, aud their It'll
; perfected; and II the same antici
patton was not also at the tim
present actuating the mind Of con
gress, We have at least one IN
stance in which that august bodl
laid of It's dignity, aud cam
down 10 meaningless trifing an'
legislative chicsnery. Indeed th'
very existence Of such a provis'
carries with 1t the reservation o
the right on the part of congress
to enact, at the suggestion of publil
policy, any such laws In the futur'
az may be needed to give the SAM
lands the character Of ''publi
lands of The United States" /
amounts 10 a notice to the allosteI
thar be must take HE allotment a
hie own rick; and that his title Il
bis allotment is not TO be regardes
a. judicial, but merely politi
cal questlpn
rhea. views Il - rue. may bl