v>-. •'..5 ,G '^ '' '' cO\. o A ^^^^* J' , >P-^4^. A^ .-J^' ^, '.^^^^^* 'V' ^ ,^!^13fS7i?^ ,.,-,^,. %..^^ '^ 4: -^0^ K^ ^q. W<2 ^ .^ / .>" o_ \^^^<*^ .0" ^■ <=^^ c^ -^.■i^ A -^^ « ^... ^^"^ FR.OTEST OF THE Cherokee Nation against the passage of House Bill (6309): "To provide further security to persons and property in the Indian Territory and for other purposes." The bill violates treaty obligations, destroys vested rights and is clearly unconstitutional. By transfer DEC 11 Iii06 - Washington, D. C, Ifarch 0th, 1S06. To THE Senate and House of Representatives of THE United States Congress : We respectfully request permission to l>riefly call your attention to our objections to House Bill 6309: "To pro-, vide further security to persons and property in the In- dian Territory, and for other purposes." section first indefinite. Section first of the bill is exceedingly vague and indef- inite, and we are at a loss to know what jurisdiction is in- tended to be conferred. A law should be so expressed as to be capable of but one construction, and more particu- larly when Indians, unaccustomed to the technicalities of the law, are to be affected by its provisions. This section, however, provides that the Federal Courts in the Indian Territory shall have exclusive jurisdiction, both in law" and equity, over all causes, controversies, and suits con- cerning the tribal lands and other tribal property of either of the live civilized tribes and for the purpose of such suits they may be made parties plaintiff or defendant, 1. No non-citizen in the Cherokee Nation has or could have any right or interest, either legal or equitable, in the tribal land or common property of that Nation for the protection of which he could desire to institute proceed- ings in the Federal Courts for the reason that the land for a consideration was patented in 1838 to the Cherokee Na- tion, in 1839 the constitution of the Cherokee Nation was adopted which provides: "The lands of the Cherokee Na- tion shall remain common property'' (sec. 2, art. 1), and laws have always been in force prohil)itmg the sale or lease of real estate to non-citizens. If any such person has an alleged claim he knowingly fraudulently acquired it in violation of our constitution and laws, and no one should be permitted to take advantage of his own wrong. This section evidently cannot refer to the "intruder'" class as section -i provides for them. 2. If this section applies to citizens as well it violates the sacred obligations of the Government of the United States made to a trusting dependent Nation for valuable considerations. Article 5 of the Treaty of 1835 provides: "The United States here])y covenant and agree that the lands ceded to the Cherokee Nation in the foreooino^ article shall in no future time, in'dhoid theii- conxent^ be included within the territorial limits or jurisdiction of an}' State or Terri- tory. But they shall secure to the Cherokee Nation the right by their National Councils to make and carrii into effect all such laws as the}^ may deem necessary for the Government and protection of the persons and property within their own country belonging to their people or such persons as have connected themselves with them." Article 13 treaty of 1866 reads: "The Cherokees also agree that a court or courts may be established by the United States in said Territory, with such jurisdiction and organized in such manner as may be prescribed by law; Provided, That the judicial tribunals of the Nation shall be allowed to retain exclusive jurisdiction in all civil and criminal cases arising within their country in which mem- bers of the Nation, by nativity or adoption, shall ])e the only parties, or where the cause of action shall arise in the Cherokee Nation, except as otherwise provided in this treaty. ' ' 3. This provision would encourage endless vexatious litigation which is against the public policy of any gov- ernment and would prevent the allotment of the lands when desired. 4. If this section intends to give the courts jurisdiction to partition the lands, aside from being in violation of the treaties and unconstitutional, it is impracticable. It would necessitate a topographical survey, a reservation of town sites, mineral lands, etc., an appraisal of the lands, the taking of a census, etc. , etc. , which scientific experts the court has not at its command and if it had would re- quire five years at least and cost fifty times the value of the land. SECTION 2 DESTROYS SELF-GOVERNMENT. Section 2 of the bill takes away all the jurisdiction from the tribal courts as between citizens of the respective tribes and confers it upon the Federal Courts. 1. There could not be a more direct and flagrant viola- tion of the solemn promises and plighted faith of the United States as contained in the above quotations from the Treaties of 1835 and 1866. It would not only result in taking the jurisdiction from the tribal courts but it de- stroys their governments as well. Without a jucliciary to interpret and enforce law a legislature would be a farce and an executive officer a painful reminder of false prom- ises and broken pledges. 2. The enactment of this section would result in rob- bing the full-blood, whom it is the avowed intention of Congress to protect. He knows nothing of civil law or federal procedure. Many do not understand the English language, and having inherited the idea as well as adapted themselves to it of common property they would abandon property rightfully theirs and move over with a neighbor rather than contend in a court to which they are strangers. This is no mere assertion ]:>ut a part of their past history. 3. If our people are satisfied with their own judiciary, why not let them alone '{ Their laws are printed in both languages so that they can read and understand them. 6 ■ SECTION 3. Section 3 re(|iiires the President's signature before .any act })assed by the legislatures of the Five Tribes shali be- come a law. 1. As above observed, if this l)ill becomes a law the tribal courts will have no jurisdiction and will be unneces- sary to pass any more laws. 2. The President cannot have the time with the great duties to perform which devolve on him during his four years' incumbency in the executive oflBce to give that per- sonal attention to the Five Tribes which the enactment of this section would require and would necessitate the refer- ence of those laws to some department clerk for his opin- ion, who in fact would be oar Chief Executive. 3. Congress could then with impunity pass any law de- stroying vested rights, as the tribes would have no means of appropriating money to test their constitutionality, as no President would sign a tribal law intended to test an Act of Congress which he had previously approved. CHEROKEE CITIZENSHIP. Section 4 provides that the present Dawes Commission or their successors shall constitute a tribunal for the hear- ing of all applieants of citizenship in the Five Tribes and the roll made by them forced upon the respective tribes. 1. The mamfestly unjust severe reports made by this Commission and thsir abusive attacks» before the commit- tee have aroused such a strono- feelinof against these men that their usefulness in the Territory would be wholly de- stroyed and the relations between them and the Indians wjuld be so strained as to result in an e.r j/arte'henring of these cases and a consequent loss to the several tribes. i. All the i)ledges preliminary to, both verl^al and written, together with the preamble and text of the Treaty of 1835 secures to the Cherokee Nation the rig-ht of self- government with the power to make and execute such laws as necessary for the government and protection of their citizens and property and such persons as have con- nected themselves with them. Article 6 of said treaty and articles 26 and 27 of the Treaty of 1866 obligates the United States to remove all trespassers or unauthorized persons from their country. These treaties and the right of the Cherokee Nation to determine who are its citizens were judicially interpreted and the Supreme Court decided; "If Indians in that State or any other State * * * * wish to enjoy the bene- fits of the common property of the Cherokee Nation, in whatever form it may exist, they must, as held by the Court of Claims, comply with the constitution and laws of the Cherokee Nation and be readmitted to citizenship as there provided. * *** **** Those funds and that property were dedicated by the constitu- tion of the Cherokees, and were intended by the treaties with the United States for the benefit of the united Na- tion, and not in any respect for those who had separated from it and have become aliens to their Nation." (117 U. S. 388-311.) Section 1, Article 2, of the agreement between the United States and the Cherokee Nation, ratified by an Act of Congress, approved March 3, 1893, further confirmed this right to the Cherokee Nation in the following positive language : ■* "That all persons now resident, or may hereafter be- come resident, in the Cherokee Nation, and who are not recognized as citizens of the Cherokee Nation by the con- stituted authorities thereof, and who are not in the em- ployment of any citizen thereof in conformity with the laws thereof, or in the employment of the United States Government, and all citizens of the United States who are not resident in the Cherokee Nation under previous treaties or the Acts of Congress, shall be held and deemed to be intruders and unauthorized persons within the intent and meaning of the treaty of 1835, and sections 26 and 27 of the treaty of July 10, 1866, and shall, together with their personal effects, be removed without delay from the limits of said nation by the United States, as trespassers, upon demand of the principal chief of the Cherokee Nation.'" By this agreement, of which the section just quoted is a part, the Cherokees sold to the United States more than one-half of their landed possessions, and the consideration for this relinquishment was an accounting with the United States to determine the amount of moneys wrongfully re- tained, the removal of these trespassers or "intruders," and the money consideration, which was not one-half as much as we had been offered. The controlling considera- tion of our })eople was the removal of this class of people. 3. From time to time during the past twenty-tive years the National Council of the Cherokee Nation has estab- lished tribunals for the trial of all applicants for readmis- sion to citizenship. These were regularly constituted courts, before which testimony could be and was taken, where all parties were represented by attorneys, and writ- ten opinions rendered and recorded. These records will show that these trespassers were accorded a fair trial and were duly rejected. If, as above shown, these courts had final jurisdiction to try and determine these cases, they are re» judicata. Cooley's Constitutif5nal Limitation (pages 58-9) says : "A decision once made in a particular con- troversy b}^ the highest court empowered to pass upon it is conclusive upon the parties to the litigation. * * * The matter in dispute has become re^ judicata ; a thing definitely settled by a judicial decision ; and the judg- ment of the court imports absolute verity. Whatever the question involved — whether the interpretation of a private contract, the legality of an individual act, or the validity of a legislative enactment — the rule of finality is the same. The controversy has been adjudged, and, once finally passed upon, it is never to be renewed. ' ' 7 Cranch, 565; 16 How., 114:; 7 Wall., 82; 20 Wall., 137; 23 Wall., 458 ; 20 Ark., 85. 4. No one can demand an admission to citizenship as a matter of right, either legal or equitable, but it is only a matter of grace on part of the Cherokee Nation. All Cherokees east of the Mississippi at the time of their re- moval west who were identified Avith them, and as a con- sequence entitled to anything because of his blood interest, removed w^est with the tribe, and are living with them, enjoying equal participation in the lands and funds, or they took their pro rata share in the Eastern States, and cannot after disposing of it come to the Cherokee Nation and de- mand a second apportionment of the beautiful country, made so from wild forests by the privations of other Cherokees. 5, This right is inseparable from the right to the use of the soil, because upon favorable determination of an appli- cant it entitles him to the same, hence if a right to use and control the land patented to us is a vested right the right to re-admission to citizenship must be, and Congress cannot constitutionally take it away. ALLOTMENT OF LANDS. Section 5 provides* that after the roll is completed in accordance with the last section, the Commission shall proceed to the allotment of the exclusive use and benefit all the lands except town sites, mineral lands, and those incapable of division. Lands heretofore disposed of are also reserved. 1. How can you divest one of the use of lands patented to the tribe, legally acquired, when the laws of the re- spective nations under which he acquired it were author- 10 ized by the treaties with the United States ? Congress hks no more right to force a division of the use of the lands of the Cherokees than it has to compel heirs to an estate to individualize their interest or the share-holders of a cor- poration to divide their stock. This is not a political I)ut clearly a property right, for if you can allot the use of the land, unquestionably you have the authority to indi- vidualize the fee. Congress has no constitutional right to interfere with rights under treaties, except in cases purely political. Holden r.s. Joy, 17 Wall., 247 ; Wilson i^s. Wall, 6 Wall., 89; Insurance (Company i'.s\ Carter, 1 Peters, 542 ; Doe vs. Wilson, 23 Howard, 461 ; Mitchell vs. United States, 9 Peters, 749 ; The Kansas Indians, '5 Wallace, 737 ; 2 Story on Constitution, Sec. 1508 ; Foster vs. Neilson, 2 Peters, 254 ; Crews vs. Burchum, 1 Black., 356; Worcester I'.v. Georgia, 6 Peters, 562; Blair vs.' Pathkiller, 2 Yeager, 407 ; Harris vs. Burnett, 4 Black- ford, 369 ; United States vs. Ben Reese, 5 Din., 405. In 99 U. S. 719 the court said : "No change can be made in the title created by the grant of the lands without the consent of the corporotion. " 2. Article I., Section 2, of the Constitution of the Cherokee Nation provides: " The lands of the Cherokee Nation shall remain common property ; but the improve- ments made thereon, and in the possession of the citizens of the Nation, are the exclusive and indefeasilde ])roperty of the citizens respectively who made, or ma}- rightfully be in possession of them.'' In pursuance of this section and by authority of Article 5, Treaty 1835, the Cherokee Nation has passed laws regulating the settlement of the public domain. Under these laws improvements with irregular boundaries have been made ; this division will necessitate the taking of land in squares, which will force the legal and rightful occupant of improvements, honestly acquired, to abandon the same without a trial or compeur 11 sation. Will anyone contend that this is constitutional ? 3. This is impractical, exce})t l)v mutual consent. Laws will have to be enacted permittino- exchanges of improve- ments, so as to shape up tlie holdings in accordance with the survey; an appraisement will have to be made to e(|uitably (Hvide it ; there are public buildings that should hi utilized, and lands reserved for school and county pur- . poses. If this is now attempted to be forced on those tribes, the power for years will be contested in the courts. TOWN SITES. Sections 6, 7, and 13 are engaged in the town site in- dustry. Section 6 authorizes the commissioners to cause to be surveyed and laid out town sites at such places as they ma}' deem expedient and necessary, with streets and alleys, &c., and requires the tiling of a plat of each town in the clerk's office of the United States court in the dis- trict. Section T provides for their incorporation under the laws of Arkansas, and the election of municipal officers. Section 13 directs the appointment of a com- mission to appraise these lots in the actual or constructive possession of anyone, citizen or non-citizen, and gives said claimant' six months to deposit with the assistant treasurer at St. Louis, Mo. , the appraised value, and the consent of the United States is given to the tribes to give a fee simple title to these claimants. 1. The unlimited authority conferred on the commission by section 6 is most dangerous and antagonistic to a re- publican form of government. It places it within the discretion of the commission to lay off any or all of the lands of the Five Tribes for town sites. Section 13 is clearly unconstitutional in that it divests the several tribes of the use and occupancy of lands bought and patented to them — undoubtedly vested rights — and grants the same to any claimant, citizen or non 12 citizen, upon the tender of the appraised vahie. Without any trial or " due process of law," it authorizes the con- fiscation of property for private use. If in this manner a single lot can be taken, those tribes are not secure under their patents in the possession of a single acre of land. The right of eminent domain implies that the, purpose for which it may be exercised must not be a mere private one, and Congress has no power to take the property of one individual and pass it over to another, even for a full com- pensation, unless it is for a public purpose. "Nor would it be material to inquire what qimntum of interest would pass from him ; it would be sufficient that some interest, the appropriation detracted from his right and authority, and Interfered with his eicclmive possession as owner, had been taken against his will ; and if taken for a purely private purpose, it would be unlawful. ' ' Cooley 's Constitutional Limitations, pages 657-8 ; -i Hill, 140 • 2 Swan, 540; 5 Barb., 474; 34"Ala., 311 ; 1 Penn St 309 ; 39 111., 110 ; 24 Wis., 89 ; 44 Vt, 648 ; 72 Ind ' 515. Public use implies a possession, occupation, and enjoy- ment of the land by the public at large or by public agencies. Id., page 659 ; 19 Wend., 9-60. 3. A non-citizen could not acquire any claim, legal or equitable, to the occupancy or use of town lots or im- provements made thereon in the Cherokee Nation. Our constitution (Art. 1, Sec. 2) retains the title to the land in the Nation, forbids the transfer of improvements to non-citizens, and the laws prohibit the leasing of them. No one but a citizen is permitted to carry on a mercantile business of any kind in the Cherokee Nation, and before license is granted the applicant must under oath state the members of the firm and that all are citizens of the Na- tion. An exception to this is made under treaty of Cana- 13 dian district, where some four or five transact lousiness, but do not own or claim any land or improvements. 4. The Cherokee Nation many years ago enacted ade- quate town-site laws, copies of which are hereto appended. Under these laws all the important towns along the several railroads, and Tahle(]uah, the only inland town of any size, have been surveyed, with plats filed in the P'iXecutive Office, showing the number, size, and location of lots, also the streets, alleys, and public buildings. The occupancy of these lots have been sold, after pu))lic notice having been given by the proper officer of the Nation, to the highest citizen hidder from time to time, the proceeds turned into the treasury for the benefit of the whole tribe, and an occupant title given to the purchaser. As we con- strue it, this character of title is all our constitution au- thorizes our legislature to give. Upon these lots many costly business houses and beautiful residences have been erected by the citizens of the Nation. The act incorporating the town of Ft. Gibson has been extended all over the principal towns of the Cherokee Nation. They have regular municipal governments, con- sisting of a mayor, aldermen, city police, and have printed ordinances for the protection of persons and property, which are rigidly enforced, and those towns, in conse- quence thereof, as a rule are as quiet and orderly as any in the surrounding States. Certainly, then, the town-site provisions of this bill are not necessary for the Cherokee Nation, and we take it that no one will seriously contend that the rightful occupants of these lots can or should be forced to again purchase the privilege of occupying them. EXCESSIVE HOLDINGS A CRIME. Section eight makes it unlawful for any one to demand, or pay rents or royalty on any minerals, timber, or lands, in excess of the pro rata part of himself and each member 14 of his family to the individual citizen, bat must he paid to the assistant treasurer of the United States. at St. Louis, -Mo. Section nine prohibits the incU)sing or hokling posses- sion of any greater amount of lands or other tribal prop- erty than his just and reasonable share and that of his wife and minor children and gives him six months to dis- pose of the excess. Section ten prescribes the penalty for the violation of the two preceding sections which is a fine of not less than one hundred dollars daily and the forfeiture of the pos- session of the property. 1. If our previous contention be true, that the treaties with the United States secured to the Cherokee Nation local self-government, the right "to make and carry into effect all such laws as they may deem necessary for the government of persons and property within their own country," none of these leases mineral or otherwise legal- ly made in accordance with the laws of the Cherokee Na- tion can be interfered with by an act of Congress. Under these lavvs contracts have been made and money invested and Congress has no constitutional rigrht to abroj^ate these contracts or intefere with the rights already acquired. 2. The Court of Claims, in speaking of the government of the Cherokee Nation, held: "It has its territorial pos- sessions and boundaries, its constitution (very much like the Constitution of the United States), its laws, its execu- tive, legislative, and judicial departments, with none of which can any State or the United States interfere (20th Court of Claims, 449— Affirmed 117 U. S., 288). The Cherokee Nation reserved the rig^ht in its constitu- tion (art. 1, sec. 2) to regulate and prevent the monopoly of the public domain through legislative enactment, but until that is done the same section of the constitution de- clares the improvements rightfully in the possession of 15 the citizen to be his own indefeasaBle property. We sub- mit that Cono;ress has no more power to confiscate these improvements legally acquired, whether by la})or or pur chase, than it has to arbitrarily seize and destroy the property belonging to a citizen of any State. 3. This property is confiscated without "due process of law," as guaranteed by the Constitution. Mr. Web- ster gives the generally accepted definition of these words in the Dartmouth College Case: "By the law of the land (due process oi law) is most clearly intended the general law; a law^ which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial." (-i Wheat., 519.) Instead of being deprived of the use by a judicial tribunal it is done by an Act of Congress, and immediately upon the passage it is a crim- inal offence to longer retain possession. 4. Section 9 makes the retention of an unascertainable amount of land or common property a violation of law. The just and reasonable share of each is not only an un- determined quantity, but as above observed it will take several years of scientific work to ascertain it definitely. In the meantime the Indian is deprived of his property, is out on bail, pays his fine, or goes to jail. Section 1 1 is an unjust refiection on the treasurer of the Nation. He is required and gives an approved bond in double the sum of money at any time in his possession for the honest and faithful performance of his duties. It can be truly said to the credit of the Cherokee Nation that in all of its history it never had a defaulting treas- urer, but annually and at the expiration of their terms of office each of them made satisfactory settlements. 2. A per capita disbursement of money under the di- rection of the Interior Department necessarily implies the taking of a census and the determination by that Depart- 16 merit of questions of citizenship against which for reasons heretofore assigned we vigorously protest. The remaining section, twelve, only provides for the ap- appointment of such assistants as may be necessary for the performance of the duties as defined in the other sec- tions of the l)ill. CONCLUSION. In conclusion you ask the Cherokee Nation to allot its lands in severalitv, change its form of o;overnment, and ultimately accept statehood. To these propositions the National Council has courteously replied at length. In addition to the money consideration in the agreement rati- fied March 3d, 1893, between our Nation and the United States, we were promised a full and complete accovmting to ascertain what may be due under past treaties, and, if any, an appropriation of the same by the next Congress, and the s})eedy removal of all unauthorized persons as determined by the Cherokee authorities, from the Cherokee Nation. Neitlier of these two latter con- siderations have been complied with and our people are very reluctant to enter into further negotiations until all ex- isting pledges have been fulfilled. Pay the Nation the a aount found due under the above Act, remove the "In- truders'" as therein specified, and place the Cherokees in possession of all their lands, so that they can definitely determine the share of each, and we will then be in a position to discuss the propositions submitted. Very respectfully. C. J. Harris, G. W, Benge, Roach Young, Joseph Smallwood, CheroJcee Delegates. APPENDIX. Laws of the Cherokee Nation now in Force Rela- tive to Townsites. CHAPTER XIII, ARTICLE V. SETTLEMENT OF TOWNS AT RAILWAY STATIONS. Section 768. At each and every station along the line of any railroad passing through the land of the Cherokee Nation there shall be reserved to the Cherokee Nation one mile square, to include such station in such manner as may be deemed advisable by the commissioner hereafter authorized ; and said tract shall be laid o& into town lots, and sold at public sale to the highest bidder, who shall be a citizen of the Cherokee Nation, and who shall thereby acquire the same right?, and none other than those, of use and occupancy, in the same way, and to the same extent, as conferred by law upon purchasers of lots in the towns of Fort Gibson and Tahlequah ; jwovided^ that this act shall not be so construed as to interfere with any of the mineral resources of the public domain, or laws of the Cherokee Nation in relation thereto. CHAPTER XII, ARTICLE III. INCORPORATING THE TOWN OF FORT GIBSON AND DOWN- INGVILLE. Section 591. The town reservation of Fort Gibson, as defined by law, and the country thereto adjacent for a distance not to exceed one mile from the boundary thereof, for the purpose of this act, are hereby declared to be within the corporate limits of the town of Fort Gibson, 18 and the inhabitants, citizens of the Cherokee Nation, re- siding within the limits aforesaid of said town, be, and they are hereby constituted a body politic and corporate, by the name of ' ' Mayor and Town Council of the town of Fort Gibson," by which name they and their succes- sors luay sue and be sued, defend, and be defended, in all courts of law^, in all matters and actions whatsoever, and may grant, purchase, receive, and hold property of any description, within the limits proper of said town, and may have, sell, and dispose of the same for the benefit of the town, and may do all other acts the same as natural persons, not contrary to the constitution of the Cherokee Nation. Sec. 592. The corporate powers and duties of said town shall invest in one mayor and five members of the council, to be selected annually on the first Monday in December of each year, and to continue in ofiice till their successors are elected and qualified, according to this act ; and the said mayor and members of the council shall take an oath, before entering into office, to faithfully discharge their duties ; and all qualified electors of the Cherokee Nation, residing within the corporate limits of said town of Fort Gibson, shall be entitled to vote in the election of the mayor and council, and a majority of the votes thus cast at an election shall be necessary to a choice of such officers, and no person shall be chosen mayor, or member of the council of the town of Fort Gibson, who shall not be of lawful age, and an inhabitant of said town. Sec. 593. The mayor, or any member of the council that may be designated as such in the absence of the mayor, shall preside at the meetings of the town council, which shall be regulated by ordinance. He shall be the executive power of the said town of Fort Gibson and con- servator of the peace within the corporate limits thereof, and shall have full power and authority to do, and per- 19 form, all things which may he lawfully done by a judge of the district in criminal matters, in accordance with the powers and authority herein conferred upon him. Sec. 594. He shall l)e vested with full powers to en- force all ordinances passed by the council and approved by the mayor, or by the unanimous vote thereof, in case of his failure to approve the same within three days after the passage thereof and its presentation to him ; to assess all fines for a violation of said ordinances, not exceeding the sum of fifty dollars, and to issue executions for the collection of the same. In case of murder, the mayor may cause the arrest of the perpetrator, and cause him to be turned over to the sheriff' of the district for trial by any court having jurisdiction thereof ; but, in all other offenses, misdemeanors, and crimes, the mayor and town council may have authority to arraign, hear, and punish the same, as may be prescribed by the laws of the Chero- kee Nation, or the ordinances of said town ; provided, that they shall not have the power to inflict, without trial by jury, punishment hj stripes, or restrain a person of his liberty longer than two months. The said mayor and town council shall also have jurisdiction in determining rights to property, or the collection of debts, where the amount involved shall not exceed the sum of twenty- five dollars. Sec, 595. Any three members of the town council shall constitute a quorum tc transact business, but a less number may adjourn, from time to time, and compel the attendance of absent members in such manner as the council may prescribe. The members of the town council shall judge of the election, qualifications and returns of the mayor, and their own members, and determine rules for their own proceedings, which shall be recorded by the clerk of the town council in a journal to be kept for that purpose. 20 Sec 596. The town council of Fort Gibson shall have full power and authority to pass by-laws and ordinances to prevent, define and remove nuisances, to restrain and prohibit all disorderly houses and gaming, the introduc- tion and vending of intoxicating drinks ; to estal)lish and regulate a market ; to cause the streets to be opened, re- paired, and paved b}' the inhabitants and non-resident owners of houses, lots, and property in said town ; j>ro- vlded, the tax imposed on non-residents, for said purpose, be in exact proportion to an ad valorem tax imposed on all property belonging to residents in, and situated within, the corporate limits of said town of Fort Gibson ; to pro- vide for the prevention and extinguishment of fires ; to dig wells and erect pum})s for the convenience o^ the in- habitants ; to restrain all violence, obscenity, and disor- derly conduct, within the limits of the town ; to assess and collect fines for a violation of the ordinances, and to collect a tax for defraying the expenses of the town and the improvements thereof ; and generally, to pass such by-laws and ordinances for the regulation of the town as they may deem necessary, not contrary to the provisions of this act, or to the constitution of the Cherokee Nation. No tax shall be imposed by the town council of Fort Gibson, in any one year, on property within the town, at higher rate than one-half of one per centum on the assess- ment value of the same, unless two-thirds of the persons therein interested shall, by vote taken for that })urpo.se, authorize the same to be done. Sec. 597. In order to carry into effect the provisions of this act, the town council of Fort Gibson shall have authority to provide by ordinance for the appointment or election of one clerk, one constable, one assessor and col- lector of taxes, and such other officers as may be neces- sary ; prescribe their duties, fix their compensation, and remove them from office. It shall also have authority to RD 1 ^.8 21 select, lay oflf, enclose, hold, and regulate by purchase or otherwise, twenty acres as a cemetery, and may prohil)it the interment of bodies anywhere within the limits of said town. Sec. 598. The clerk of the town council shall attend the mayor's courts, issue all writs and summons and other necessary papers, keep a true, full, and correct record of- all arrests and trials, and of all town lots and ownership of the same. Sec. 599. The mayor and town council of the town of Fort Gibson shall cause to he made a re-survey of all that part of the original town not embraced within the military reserve. They shall in such re-survey retrace, as high as may be, the original streets and alleys, cause the streets to be re-opened, all obstructions to be removed therefrom, and all blocks and lots to be staked with stone, iron, or durable timber, and to be lettered and numl)ered accord- ing to range and number ; in consideration of which, every odd lot, the property of the Nation in such town reserve, shall be the property of the corporation of Fort Gibson, to be used for the benefit of such corporation. Sec. 600. All other lots, the property of the Nation, may be sold, from time to time, by order of the ma3'or, and for the benefit of the general fund of the Nation, in such manner as shall be ordered by the Principal Chief ; one -third the price bid for lots so sold, shall be paid at the time of sale, and the residue in two equal annual in- stallments. Sec. 601. Upon final payment for any lot, the mayor shall issue a recei})t in full to the purchaser, upon the })re- sentation of which the Principal (^.hief shall execute the necessary conveyance to the owner. Lots not paid for, as herein provided, shall revert to the Nation, without re- course for payments previously made thereon. Sec. 602. Writs for the arrest of persons, charged 22 with a violation of the ordinances of the town corpora- tion, may be served by the sheriff into whose district the person accused may have fled ; and such sheriff', so arrest- ing shall safely deliver the prisoner to the constable of the town, to be dealt with according to the ordinances of the same. Sec. 603. "The town of Downingville is likewise in- corporated under the same conditions, with the same rights, privileges and restrictions, as provided in the above act, incorporating the town of Fort Gibson." — (Novem- ber 27, 1873.) Sec. 604. " The towns of Chelsea, Chouteau and Claremore are herel)y incorporated under the same rights, provisions and restrictions as are provided in the act of the National Council, incorporating the town [of Fort Gibson." — (Decemlier 7, 1889.) Sec. 505. "The town of Webber's Falls, Canadian District, is likewise incorporated under the same condi- tions, with the same rights and privileges, and restrictions as provided in the act incorporating the towns of Fort Gibson and Downingville." — (December 5, 1885.) Sec. 606. The provisions of the act incorporating the towns of Fort Gibson and Downingville are hereby ex- tended to the town of Tahlequah. — (December 20, 1890.) .v o, .--ri^^ O > . . ^ .0 ^0 V^ A -^^o^ "o vi ^ -i ^ a\ A '^ ^^-^^ .^^ 0^ A^ BROS.' ^^ *-^'- ;