The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-03-02

the constitution and laws OF salaI
Cherokee nation" "
"Theso stipulations, wholly in
consistent with the full title Of
the Delawares to the lands In
question, must be read in the light
Of the constitution and laws Of
the Cherokee nation as to che
holding Of land by Cherokee citi-
zens.
The provisions Of the Cherokee
constitution and the statutes
passed in pursuance thereof are
considered. "From them 1t Is APP
parent that lands to be held upon
the same terms as the Cherokees
hold their lands cannot be alien
ated by those who occupy and
hold them, but the ownership is
lodged in the Cherokee nation.
The Individual has no right to
ALLEVIATE or lease the land. The
nation grants and restricts the
right OF occupancy. The title to
the lands Is vested in the govern
ment, to be held and controlled in
such wise as to promote the gem
eral welfare. Under the restric-
tions and conditions the Della
wares held the lands set apart for
their occupancy. La the laws OF
the Cherokee nation we find that
the use of the terms for use and
occupancy was not an unfamiliar
form OF expression in describing
the character and Limitation upon
the right OF private ownership.
Thus in the act relating to public
domain, and reserving tracts OF
land one mile square along rail-
roads at stations, and providing
for the sale Of town lots, It is pro-
vided that the purchaser shall ac-
quire no other rights than those OF
use and occupancy. II the lands
III question were granted In per-
petuity to the Delawares, we have
the awarding Of an estate Of this
character carved out Of lands rec
ognlzed IN the agreement aa con-
tinuingto be Cherokee lands be-
longing to the nation which cx-
pressly limits The conveyance OF
/ its land to its own citizens Tor use
and occupancy only. Again, If 1t
was intended to provide for the
children OF heirs Of the first
takers-the registered Delawares-
we shall expect to find some
words in the agreement compe-
tent for that purpose, conceding
that the technicais terms OF the
common law to create an estate IN
fee need not have been used. As
to the children OF the registered
Delawares we find this provision
and the children hereafter born
of such Delawares 50 incorporated
into the Cherokee nation shall in
all respects be regarded as native
Cherokocs." This provision is
utterly inconsistent with the grant
Of an estate IN the lands to sur
vive the occupancy Of the regis
tered elawares. Such children
are to have thd rights of native
Cherokecs and no more. Theil
parents were incorporated into thr
( Cherokee nation with certain
specific rights; the children were
to stard opcn an equality will
their adopted brethren Of Chero-
lzee BLOOD.
The Importance Of the issue
now distinctly made "a to the title
to these lands has led US to give
renewed examination to the ques'
ton OF the extent and character
OF the interest conveyed to The
Delawares in the lands In con-
troversy.
In the Journeycake opinion
Justice Brewer said, - no abso-
lutte title to these homes was
granted. - The laws Of th'
Cherokee Nation provided for the
appropriation by the seyera
/ Cherokees Of lands for persona
occupation, and that this purchase
by the Delawares was with thu
view of securing to the individual
/ lDelawares the like homes; tha
the lands thus purchased and pai'
for still remained a part Of the
Cherokee reservation. An as
/ further consideration for the pay