Act Of The Cherokee National Council
May 19, 1883

AN ACT to amend an act to tax stock grazing upon Cherokee lands west of the 96° meridian.

   Whereas the unoccupied lands belonging to the Cherokee Nation, lying west of the 96° meridian, held for indian settlement under provisions of the 16th article of the treaty of July 19, 1866, and set apart to produce revenue from grazing, by the act to which this act is amendatory; and
   Whereas the authorities of the United States have calledupon the authorities of the Cherokee Nation for the enactment of more complete regulations to prevent abuses thereon; and
  Whereas it is desirable that these lands should produce revenue nearly equal to their real value so long as they remain in possession of and under the jurisdiction of the Cherokee Nation; therefore;    Be it enacted by the national council, That the principal chief be, and he is hereby, authorized and directed to execute the lease for all of the unoccupied lands of the Cherokee Nation being and lying west of the Arkansas River to E. M. Hewins, J. W. Hamlton, A. J. Day, S. Tuttle, M.H. Bennett, Ben S. Miller, A. Drum, E. W. Payne, and Charles E. Eldred, directors, in trust for the Cherokee Strip Live-Stock Association, for the term of five years, in consideration of a yearly rental of $100,000 for the entire tract.
   Be it further enacted, That the said E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben S. Miller, A. Drum, E. W. Payne, and Charles H. Eldred, directors, in trust for the aforesaid Cherokee Strip Live-Stock Association, entering into the lease obligate themselves that there shall be no permanent improvements on any portion of the lands so leased, and only such temporary structures as may be absolutely required for the safe and profitable grazing of the stock thereon, and that all such temporary improvements, including corrals or wire fences, are hereby declared and held to be the property of the Cherokee Nation, and the said lease may be terminated on six months notice being given in case said lands shall be disposed of by the Cherokee Nation, and the said party leasing shall obligate themselves not to cut, use, or take any timber or other material from those lands but by agreement with the authorities of the Cherokee Nation, and in all cases to faithfully obseerve the intercourse laws of the United States, and that they shall do all in their power to prevent the stealing or removal of any timber or other material from the lands so leased by any other person or persons whomsoever; and further that the tract herein leased shall not obstruct any mail or stage line or other necessary public highway; and said lease shall also contain a provision that on failure of said party leasing to meet all conditions, the said lease shall be void, and may be so declared by the principal chief of the Cherokee Nation, which failure shall work forfeiture of any and all rights or interests thereon: Provided, That none of the three salines reserved to the Cherokee Nation by act of Congress, or the land reserved therewith, shall be included in such lease, but be specially exempt therefrom.
   Be it further enacted, That the said $100,000 required under provisions of this act shall be payable semi-annually in advance, at Tahlequah, on the order of the principal chief into the treasury of the Cherokee Nation, and said semi-annual payment shall be made on the 1st day of October and April of each year, the first payment to be made on the 1st day of October, 1883 and that the rights of any person under any tax license issued before the passage of this act shall terminate with the date up to which such persons have paid.
   Be it further enacted, That a perfect record of the lease authorized under this act shall be kept in duplicate in the office of the principal chief, who is charged with the execution of said lease, and one in the office of the treasurer of the Cherokee Nation, and a report thereof shall be submitted to teh council of the Cherokee Nation at each annual session.
Be it further enacted, That should the lease herein granted be declared by the principal chief vacant by default a fresh lease may be executed to any responsible company, in accordance with the provisions of this act: And provided,That in default of any and all payments which may be due the lease shall terminate, and all rights, and privileges, or interests of any portion of such, or temporary improvements thereon shall cease.
   Be it further enacted, That no person not a member of the Cherokee Strip Live-Stock Association shall be permitted to graze any kind of stock upon any of the Cherokee lands lying west of the Arkansas River without the consent of said association, and the pricipal chief is hereby authorized to cause the removal of all such persons as intruders.
   Be it further enacted, That said Cherokee Strip Live-Stock Association, by any or either of the before named directors, shall within thirty tays after the approval of this act by the principal chief file with him, in the executive department of the Cherokee Nation, their accptance of the same, whereupon the principal chief shall cause to be issued to the said E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Ben. S. Miller, A. Drum, E. W. Payne, and Charles H. Eldred, directors, in trust for the aforesaid Cherokee Strip Live-Stock Association a lease in accordance with the provisions of this act.
   Be it further enacted, That the treasurer, whenever payments are made to him by said Cherokee Strip Live-Stock Association, is hereby required to retain the same in the treasury until the sum shall amount to $300,000, and pay the same out per capita, under the directions of the national council.
   Be it further enacted, That all acts or parts of acts in conflict with the provisions of the foregoing act are hereby repealed.

Approved May 19, 1883

D. W. BUSHYHEAD
Principal Chief

       
   EXECUTIVE DEPARTMENT,
   CHEROKEE NATION
   Tahlequah, Ind, Ter., July 7, 1883
   I hereby certify that the copy hereunto attached of an act of the Cherokee national council entitled " An act to amend an act to tax stock grazing upon Cherokee lands west of the 96° meridian," approved May 19, 1883, is a correct copy of the origianl act.
   [SEAL]JOHN L. ADAIR
  Asst, Executive Secretary
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