Year: 1876

As good deal of surmsing and talk
has been going the rounds on the subject
Of the railway company going into the
nation with their road without permission
we copy from the Cherokee Advocate, ot
the 22d ult,, the official organ of the Ma
ton, the following on tho subject:


Late news from Washington informs
US that our delegation have entered their
solemn protest against the action of the
L. Il, and TT. Smith railroad in construc-
ting their road through portion of the
lands belonging to tue Cherokee Nation.
Their protest was based on complaint
made by Mr.. f. r. Mekbben--and di
rected to the Commissioner of Indian af.
fairs. This protest was made about a
month ago, and in consequence Of which
the Commissioner, J. @. Smith wrote the
following letter to Indian Agent Mars
ton, at Muskogee; but as yet no action
has been taken in the premises


Dkr'r or INTERIOR. orfIeR or INDIAN ArrA1Rsl


WAsHIsGreH, ID. e.. June 10Th, 1876. !


S. w. MARsToN, ESQ. L. 5. INDIAN AGFNr.
MusKoGEE, IT,-Sir--I enclose. herewith. u
copy of a letter from +. X Mckibben, togeth
er with Il copy of letter dated the Sth inst
from the Cherokee Delegation In this city.
complaining of the intrusion or threatened
intrusion of the l. Il. and Ft Smith Railroad
Company. in the construction of their line OF
railroad through and upon the Cherokee do
main You will ascertain the facts In this
case without delay, and report the same to
this Office. Very respectfully,


DO. SMITH, Commissioner.
Wa Loo hat ha hHu
Railroad has been completed to a point
on the opposite bank Of the river from
Ft. Smith, which point is, as is well
known, about two or three miles east of
the Arkansas State line in the Cherokee
Nation; and this in direct violation of all
treaty stipulation bearing on the subject.
The writer of this article was in FIT. Smith
when the Delegation returned, who had
been sent by the above named Company,
to visit Chief Thompson and try to ne
gotiate fol the right of way for their road
1t is due the Company to say that this
Delegation visited Tahlequah but failed
to see the Chief, Yet we think it would
have been better for all parties interested
had the Company deferred further action
in the matter until the meeting of the
council, instead of continuing the CON
struction of their road through our coun
try in defiance of treaties or other au.
thorites.


Personally we have no objection to the
building Of this road over this small por-
tion OF our country, and we believe there
is no reasonable person who has thought
of the matter, bu will acknowledge lnat
it would be better for the terminus of
this road to be inside of the nation, where
our officers could have full control and
exert their authority IN preventing the
introduction of intoxicating liquors-in
stead OF Mt Line City" where any
amount Of liquor would be sold with i'm
punity, and thereby create a bead Of
drunkenness, debauchery and crime.
Bat we deprecatc the principal in any
people or company, that prompts them
TO the violation Of law or treaties.


We wish to add in conclusion that we
heard prominent citizen of Ft Smith,
remark that it was the intention of the
company, in evidence Of their "good
faith, to voluntarily pay the Cherokee
nation royalty or tax on the lands over
which their road runs.


While on this subject we think it would
be well for the Council to consider this
last question, as to the expediency of ex
acting such tax or royalty. We have Civ
en- the matter careful consideration, and
believe that such precedent would be
decidedly legal, beneficial in the future,
and in accordance with laws existing in
every state and county in the Union
where railroads pass through---which
gives the said state or county the right
to levy reasonable tax on the railroad
for the privileges they enjoy, and if the
Council decides to allow the l.. Il. & Ft.
Smith Railroad the right of way for their
road, and accept the Company's offer for
the payment of per annum royalty, we
hope they (the Council) will not be the
least partial, but let such rule or law ap-
ply to all railroads that pass through the
Cherokee Nation.