East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-07-30
INDIANS IN 1888 FRAMED
MODEL LEGISLATION
Cherokee Constitution Contains Ideas
Now Issues In State and Nation
al DnIifica

nj Politics.
Muskogee, Okla.-The simplest code
Of law In existence was the one made
and applied by Indians of the Five
Civilized Tribes.
1t was in 1888 a band OF Indians
met in the hills OF the Cherokee Ma
tiOn, where there were sparkling
springs and giant shade trees. Here
was formed "The Constitution OF the
Cherokee Nation"
There had until that time been the
eastern and western divisions of the
Cherokees, and the chief men had
decided to unite into one body polite.
The Oklahoma Constitutional Con-
vention later spent days arguing over
the proper wording of the reference
TO the Deity in the preamble. Here
Is the preamble those old Cherokees
wrote out there in the hills under the
canopy of heaven:
therefore, we, the people of the
Cherokee Nation, in national conven-
tion assembled, in order to establish
justice, insure tranquility, promote the
common welfare and to secure to
ourselves and our posterity the bless
ings of freedom-acknowle with
humility and gratitude the goodness
of the sovereign ruler of the universe
i'm permitting us so to do and implor-
ing his aid and guidance in its ac-
complishment-do ordain and estab-
ish this the constitution foT the gov
ernment of the Cherokee Nation"
h. a1g 1gn
that such men as Crying Buffalo,
Bark Flute Soft-Shell Turtle and To-
bacco Will spent long hours debating
the weighty questions of the docu-
ment, just as Alfalfa Bill Murray,
Charles y. Haskell Justice r. l.. Will
liams and Battle AK Ashby did in
writing a similar document for the
state of Oklahoma.
Socialist Idea Embodied.
The constitution written by the
old Cherokees has not been improv-
ed on much since they have been
writing constitutions Tor states. 1t
would fit most any state government
pretty well as it stands, except that
in its provisions relating to title, 1t
specified all land was to remain the
common property of the nation, which
socialist would point out as being
an idea strictly in keeping with mod
ern thought.
The Cherokee constitution also has
its fourteenth amendment" 1t was
passed November 20, 1866.
Just a few years ago the Federal
government adopted a pure-foOd law
and a good many states have follow
ed with state laws. But they were
not new. Here is what the Cherokee
law provided OH the subject way back
in the 'thirties:
1T shall be unlawful for any per-
son to offer for sale food or drink
that has in any way been adulterated,
so that it shall become injurious to
health, or who shall offer for sale
any drugs or medicines without la
be, thereon. giving the buyer knOwl-
edge of the adulteration."
Ii was also made a crime to give
false weights and measures, and for
the protection of the people a stand
ard scale of weights and measures
for common commodities was estab-
lished by law.
The congress of the United States
has been wrestling with a corrupt
practices act. The Cherokees had a
law which prohibited betting on an
election.
Convicts were used TO make roads
and trails for the convenience of the
public and to cut the wood for all
of the national Institutions.
UndesirabIes Kicked Out.
More stringent Immigration laws
are advocated today The Cherokee
law provided that when any person
not a citizen of the nation made him.
self Objectionable in any way to the
tribe that he would be escorted to the
confines of the nation and kicked
across the border and warned never
TO return.
Any artisan not a citizen had to
obtain a permit and pay license fee
to come into the nation to ply his
trade and he was subject to removal
at any time his presence menaced the
common good.
No license to marry was required
when both parties were Cherokees,
but if an alien married a member of
the tribe he had to procure a license,
which meant the approval of the ma
tional council and to take the oath
of allegiance to the nation.
The divorce law was almost iden-
teal with the present state law. Di-
vorces We're granted on the grounds
of adultery desertion or cruelty of
whatever form. Three years in the
penitentiary entitled a legal separa-
ton as did neglect and habitual
drunkenness.
The legal rate of interest was fix
ed at 10 per cent and the contract rate
was Is per cent.
The salaries of the executive Off
GERS show a marked departure from
the present. For instance, the chief
received $1,000 year for his SER
vices. Practically all the other ma
tinal officers received $500 The high
sheriff received $500 but out of that
amount he had to pay his deputies
and furnish wood for fires in the ma
tional capitol building.
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CAT CAUSES CZARINA
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