The Caldwell Commercial, Thursday, March 22, 1883.
Association Brand Book.
Members of the Cherokee Strip Live Stock Association are hereby notified to at once send a complete description of their stock brands, ear marks, location of range, post office address, etc., to M. H. Bennett, Caldwell, Kansas, for publication in the Association brand book now in press. One cut of animal, no charge; for each additional cut, two dollars must be sent. There is no cost to the individual member for first cut used.|
M. H. BENNETT, Chairman, Brand Book Committee.
Caldwell, Kansas, March 14, 1883.
THE CALDWELL JOURNAL, May 24, 1883.
THE STRIP LEASED.
|The Cherokee Council last week granted a five year lease to the Cherokee Strip Live Stock Association, at an annual rental of $100,000 per year. The advantages of this lease to Caldwell will be immense, because it gives an assurance of a steady and profitable business. Having an assurance that they will not be disturbed for the next five years, many of the stock men will make their homes in our city, and with their wealth and influence contribute largely toward making it one of the most substantial towns in the West.|
THE CALDWELL JOURNAL, May 31, 1883.
CHEROKEE STRIP LIVE STOCK ASSOCIATION.
The Ranges to be Surveyed.
| The board of directors of the Association met in this city on Tuesday afternoon, and appointed A. M. Colson chairman of the Board of Arbitration, vice H. W. Timberlake, resigned.
On motion it was ordered that the lands leased from the Cherokee Nation be divided into three divisions under the supervision of the Board of Directors, for the purpose of surveying, to ascertain the amount of territory occupied by members.
M. H. Bennett and J. W. Hamilton will have the supervision and power to employ a surveyor for the Eastern division, from the 96th meridian on the east to the Chisholm trail on the west, and from the state line on the north to the southern line of the Cherokee Territory.
Major A. Drumm and Ben S. Miller will have the supervision and power to employ a surveyor, and supervise the same, from the Chisholm trail on the east to a line running north and south on the west line of the Texas Land and Cattle company on the west.
Chas. H. Eldred and E. W. Payne will have power to employ a surveyor and superintend the same, from the line running north and south on the west line of the Texas Land and Cattle company, to the 100th meridian west, and from the south line of Kansas on the north to the south line of the Cherokee country.
The expenses of surveying each range must be paid for at the time the surveying is done, by the person occupying the range.
No other business of importance to the public was transacted. We understand the work of surveying the ranges will begin at as early a day as possible.
THE CALDWELL JOURNAL, August 2, 1883.
|The Cherokee Strip Live Stock Association has appointed Ben. Goode as the inspector at this and the Wichita Agency, and Ben. is now on duty. Mr. Goode has a thorough knowledge of the cattle business, and is about as well posted on brands as anyone we know of, and he will ever look to the interests of the association he represents.|
Sacramento Daily Record-Union. January 10, 1885
The Leased Indian Lands
| Washington, January 9th. - Captain
Samuel Tuttle and J. W. Hamilton, of
Kansas, members of the Cherokee Strip
Live Stock Association, and sub-lessees of
land held by that association, were examined by the Senate Committee on Indian
Affairs today. It was found that the association had about 6,000,000 acres rented from
the Cherokees at two cents per acre, and the
sub-lessees paid two and a half cents per
acre. Senator Harrison asked what use
was made of the surplus.|
Senator Ingalls objected on the ground that this was inquiring into private business of witness. He would not object, he said, to an inquiry as to whether any portion of the surplus was paid in securing the lease.
Senator Harrison maintained that this inquiry was necessary to develope the facts in the case.
The Committee went into secret session to consider the scope of a further investigation.
The Sun. August 04, 1885
The Cherokee Strip
| A new source of anxiety now troubles the
lessees of Indian grass lands. The Presidents proclamation of July 2 ordering all
such lessees to remove their cattle within
forty days, expressly restricts its operation
to the Cheyenne and Arapahoe reservation.
But now it Is conjectured that the terms of
the proclamation may I extended to include
the entire Idian Territory. On the northern
border of this Territory is a belt of grazing
land fifty miles wide of which the Cherokees
leased 6,000,000 acres nearly two years ago
to the Cherokee Strip Live Stock Association
of Kansas for $100,000 1 year or 1 2/3 cents
per acre. If the Presidents proclamation
should be extended as now rumored, it
would dispossess the lessees of this Cherokee
strip who hold a tract nearly 2,200,000 acres
larger than the leased I portion of the Cheyanne reservation.|
It is fair to say however that there are several points of difference between the Cherokee and the Cheyenne leases. To begin with while the latter have nearly driven tho Indiana t the warpath, and required tho concentration of several thousand soldiers to prevent a bloody outbreak, there is no pretence of a danger of hostilities on the part of the Cherokees. Thus the special incentive to the Presidents proclamation In the one case I wanting in the other.
In the second place, the Cherokees hold their land by a somewhat different title from that the Cheyennes, receiving it under a deed executed by President VAN Buren which, they claim, carried a fee simple ownership; and they receive no Government rations but are self-supporting. They are among the civilized tribes, and have a regular Government, with a Legislature and courts of Justice, while the Governor, or Chief, is chosen by popular vote. Apart from questions of compliance with statute law, it is evident that the dealings of such a tribe with white men may require to be put on a different footing from that of the dealings of the Cheyennes.
Again, Gen. Sheridan found and officially reported that the Cheyenne reservation was "mostly fenced in by wire," and he has since unofficially said that many of the Indians had small farms along the streams included in the leases, and found their crops trampled by the cattle of the whites. In the case of the Cherokees the leased lands are mostly apart from tho main communities.
When, however, we turn to the statutes, we find apparently as direct a violation of them in the case of the Cherokee leases as in the case of the Cheyenne. The laws declare void any such lease from any Indian nation or tribe of In dians, and prohibit negotiations for it. Chief BUSHYHEAD tries to avoid these injunctions against attempting to lease any part of the Indian Territory by speaking of the Cherokee strip as lying between Indian Territory proper and Kansas; but there I no ground for this distinction.
Perhaps in itself the apparent violation of tho statutes would not be deemed reason enough for immediately annulling the leases, which bring in a good sum yearly to the Cherokee treasury. But there are some indications of opposition to them among the Indians. It is urged by some that Chief BUSHYHEAD did not have the support of a majority of tho people in making them. There is complaint also of annoyance from agents who want to get long leases of tho remaining lands; and it is said that cattle sometimes range on lands not under lease.
Probably the first step will be that of as- certaining the real sentiment of the Cherokee on the leases and also whether the cattle men are a disturbing element to that Indian nation.
New York Times. July 27, 1886
HEAVEY DAMAGES AWARDED
|Chicago, July 26.—In Federal District Court Judage Blodgett to-day rendered a decision in the cattle ranch Suit of Milton H. Bennett, of Caldwell, Kan., and Robert L. Dunman, of Colman City, Texas, against Edward McGillan, of Cleveland. The dispute was in regard to the interpretation of a contract providing the method of payment for a ranch of about 260,000 acres in the Cherokee strip, Indian Territory. Judgement was given against McGillan for $113,580. McGillan appealed.|
Daily Evening Bulletin (Maysville, Kentucky) November 5, 1886
TO BUY THE CHEROKEE STRIP
|Several Corporations to Corner the Coveted Land|
|Chicago, Nov. 5. — A special dispatch from Tahlequah, Ind. T., says; J. B. Bissell and J. W. Wallace, of Leadville, Col., representing the New York syndicate who want to purchase the Cherokee Strip, arrived here yesterday. Mr. Bissell said, "We mean business in regard to buying the Cherokee Strip and have the money subscribed to pay for it. The Cherokee will sell. We apprehend trouble from congress and we propose to offer enough for the land to make it profitable for the Cherokees to sell. Our proposition is an open one, with nothing to hide in the matter. I know that Chicago, St. Louis and Kansas City were looking on this matter with interest for they get a large trade from the strip. We do not propose to ship this trade, so far as we are concerned, should we buy now. We belong to a corporation trying to get up a corner on grazing lands, but propose to do a legitimate business."|
The attorney for the Cherokee Strip Live Stock association arrived yesterday to look after the interests of the corporation. he says that two or three members of the council will be here Tuesday or Wednesday next to make a proposition to lease the strip again for grazing purposes, their present lease soon expiring. He further says that should the Cherokees decide to sell this company will bid. There is likely to be considerable sparing, from present indications, as the councillors who have arrived are about equally divided on the question of sale or lease.
|Tahlequah, I. T., Nov. 5. — The Cherokee council met Tuesday. Both President Bell, of the senate, and Speaker Hawk, of the council, were in their chairs. Nothing of importance was transacted, but the lower house got into a spirited debate over the adoption of new rules, limiting members to one speech on one subject and to five minutes to make that speech. The stockmen, both of the Strip and the New York syndicate, have opened a room at the National hotel, and are kept busy explaining their plans. Col. Bissell, the New York man, is a capital lobbyist, and his jokes keep quite a crowd of Cherokees around him, which he seems to like.|
Fort Worth Daily Gazette. April 21, 1888
Cherokee Live Stock Association
Resolutions adopted at their annual
| Caldwell, Kan., April 6 - At the fifth
annual meeting of the Cherokee Strip
Live Stock Association, held in Caldwell,
Kan., on the fifth day of April, A. D. 1888,
among other proceedings, the following
action was taken:|
Upon motion of John L. McAtee, the following preamble and declaration were adopted by a unanimous vote of the association:
Whereas, the statement has been made and repeated in debate upon the floor of the House of Representatives of the United States, that the board of directors of teh Cherokee Strip Live Stock Association have derived an annual profit of $400,000 to themselves by sub-leasing grazing privileges to members of the association; it is hereby declared,
"That the board of directors of this association have acted under our instructions from time to time as our agents, solely, and in so doing all such subleases have been made us respectively at the same rate per acre as is paid by them for us, to the Cherokee Nation, with such small additional charges as has been necessary to defray, the expenses of the association conducted in an economical and frugal manner, and that there is not now, any opportunity afforded th the said directors to derive personal or private advantage to themselves, or to make any speculative or other profits whatever in the discharge of their said trust. The statement before referred to has, therefore, no foundation whatever, in fact."
The above is a true copy of a preamble and declaration of the members of the Cherokee Strip Live Stock Association, held as above stated.
| E. M. Hewins,
President of the Cherokee Strip Live
Jno. A Blair, Secretary.
New-York Tribune. July 13, 1888
VETOED BY THE CHIEF OF THE CHEROKEE
|St. Louis, July 12. -- The Cherokee indian Council at Tahlequah last week passed a bill leasing the grazing privileges west of the 96th meridian to the Cherokee Strip Live Stock Association for $150,000 per annum. Yesterday Chief Mays vetoed the bill and presented to the Council to other bids from the Northwestern Texas Cattle Company offering $160,000 per annum for the grazing privileges, and one from Texas offering $175,000. Each one of these two bidders put up as earnest money $75,000. Nothwistanding the increased bids, the Council endeavored to pass the former bill over the Chief's veto, but they were not successful.|
St. Paul Daily Globe. August 04, 1888
They Prefer Charges Against
|Washington, Aug. 3. - Some members of the Cherokee legislature are here with the avowed intention of preferring charges against R. L. Owen, Indian agent at Muscogee, Indian Ter., the largest Indian agency in the United States. It is said he has attempted to dispossess certain cattle companies in. the territory to get their leases for other companies in which he is interested. Charges are now said to be pending in the interior department, brought by Owen against President Hewit and Attorney Lyon, of the Cherokee Strip Live Stock association, who he claims brought whisky into the territory to influence the Indians during the last session of the Cherokee legislature.|
St. Paul Daily Globe. September 19, 1888
Quite a Heavey Loser
|Caldwell, Kan., Sept. 18. -- The Cherokee Strip Live Stock association has adjourned after passing resolutions turning over to the Cherokee council all the improvements, fences, etc., in the strip leased by the association. The action was taken in view of the failure of the association to secure a renewal of the lease, which expired Oct. 1. The loss to the syndicate is heavey, but cannot be estimated.|
St. Paul Daily Globe. November 10, 1888
CHIEF OF THE CHEROKEES.
Hon. J. B. May Serves Some Cold
|Tahlequah, I. T., Nov. 9. -- The national council of the Cherokee nation met in annual session yesterday, with a full attendance. The principal chief, Hon. J. B. May, delivered his message in the senate chamber. On Cherokee citizenship, he say he feels assured that all persons decided against by the commission, will be promptly ejected from the Cherokee country by order of the president of the United States. The Cherokees have in operation 100 common schools, with an aggregate attend ance of 4.049 pupils, and. an average of 2,486; a high school for, boys, with an aggregate of 211, and an average of 156 students; a female seminary, nearing completion, with a capacity of 175 students, and an orphan asylum containing 145 children. Besides these schools sustained by the nation, the Baptist, Presbyterian, Congregationai and Cumberland Presbyterian churches have their mission schools, which are doing great good. Touching Cherokee grazing lands, known as the "Cherokee Strip," he informs the national council that he has vetoed or will veto the bill passed at the last called session in favor of "the Cherokee Strip Live Stock association for $175,000 a year, on the ground that he is assured that $200,000 a year can be readily had if an opportunity is afforded others to bid. The message deals with many other questions of importance, among them the teaching of agriculture and mechanical arts and industries in all the national high schools and asylums-- the late action of the Creek council in regard to the socalled Oklahoma country; etc.|
Fort Worth Daily Gazette. December 29, 1888
Cherokee Strip Lease Not Signed.
|St. Louis, Mo., Dec. 28. - A special from Kansas City says: Chief Mayes of the Cherokee Strip is in the city for the purpose of conferring with the president of the Cherokee Strip Live Stock Asssociation in regard to the contract for teh Cherokee Strip. The contract calling for $200,000 a year for five years, while it is immenently satisfactory to the Cherokees, has not been signed by them, and will not be until every detail is carefully looked after. Chief Mayes is bitterly opposed to the opening of Oklahoma.|
The Salt Lake Herald. February 28, 1889
|He Orders the Marshals to Proceed to Put|
Down the Riot Although He has no
|Topeka, Ks. March 19 --The United States attorney for Kansas has just received telegrams from Oklahoma stating that the boomers at that point had been fired upon by regular troops. Further violence is hourly expected. The United States attorney has wired the deputy United States marshals near the scene to proceed at once prevent violence, by arresting any one violating the law. The boomers claim the troops fired without orders and ask that they be arrestedfor assault.|
The boomers Creating Destruction
|GENDA SPRINGS, Ks., March 19--On Sun- day morning the cattlemen along the border for a great distance on the Cherokee strip were awakened to find their fences all destroyed. On Sunday night the work of destruction was renewed and it is though stables, corralls and other property will go next. It is thought this is done as retaliation for driving out of the boomers from Creek and Seminole ceded lands. The people here and at Arkansas city are quiet and seem determined to stand loyally by the law and presidential orders. They feel however that if the law-abiding people are kept out all others should be, so that all may have equal chance in the selection oi lands.|
A Cute Man Out of Place
|Kansas City, March 19.--The Times sppcial from Oklahoma reports everything quiet there this evening The United States troops are still driving out the boomers. The only foundation for this afternoons sensational reports as to the conflict between the soldiers and invaders is that Lieutenant Carson was knocked down by a boomer yesterday, the offender being at once arrested. The Kansas United States attorney has no jurisdiction over Oklahoma, that territory being in charge of the United States attorney at Fort Smith Arkansas.|
THE CHEROKEE ASSOCIATION
Mayes Makes a Great Speech of Considerable
| CALDWELL, Kas., March 19.--The semiannual meeting of the Cherokee Strip Live
Stock association was called to order this
afternoon by President Hewing. J. B.
Mayes one of the chiefs of the Cherokees
made an address in which he assured the
menbers of the association that they need
have no fear in regard to retaining possession. That they had had leased it for five
years and that there was nothing that
could remove them as long as the rent was
praid. After the speech an opportunity was
I given to ask questions. Among the questions asked was his opinion in regard to the
Cherokee commission. to which he replied
that it will amount to nothing.|
All they will do is to come down here and have a good time. We will not sell for $l.25 per acre.
Another asked what they would do if the soldiers attempted to remove them, to which Mayes replied: "It will be an easy matter to stop that. If the soldiers will attempt to put you out all that will be necessary is to serve an injunction on them.
Another asked: "What will we do with boomers?"
Mayes replied: "We will take care of boomers. You stay with us and we will stay with you.
At the conclusion of the speech, Snyder, a wealthy Kansas city cattle man made a motion that the chief be elected an honor- ry member of the association, which was carried without a dissenting voice.
President Henng presented the situation as being most favorable in the history of the association. To-morrow the election of regular officers will take place.
Notwithstanding the brave front put on by the leaders, good ranges can be bought for a great deal less than a few months ago.
St. Paul Daily Globe., October 30, 1889
WARNING TO SYNDICATES.
Uncle Sam Will Repudiate All Leases of the Cherokee Outlet,
Washington, Oct. 29.—Secretary Noble addressed a long letter to Gov. Fairchild, chairman of the Cherokee commission, in which he defines certain positions the department will maintain in negotiating with the Cherokees for the purchase of the lands in tne Cherokee outlet. In his letter the secretary refers to the illegitimate influences of the "Cherokee Strip Live Stock association," in attempting to thwart the beneficent purposes of the government. The secretary reaches the conclusion that the syndicate proposes to outbid the United States for these lands, and to enter the arena as citizens contending with the national government. The secretary insists that the cattle syndicate falls within the law prohibiting citizens from
making leases with the Indians; that leases of the Cherokee outlet are unlawful and illegal; that the president has authority to declare invalid agreement or lease for grazing purposes made contrary to the provisions of law which provides that purchase, lease or grant of Indian lands, to be valid.|
MUST BE MADE BY TREATY
pursuant to the constitution, and that the president has authority to remove unauthorized persons from this reservation whenever their presence is believed to be detrimental to the peace and welfare of the Indians. In concluding his letter, the secretary says:
"It therefore appears that the proposition of the United States is not only fair, but munificent, while title to the use, even by the Cherokees, is precarious and liable to be defeated utterly; that the cattle syndicate has no authority to make a lease such as proposed, and by its evident endeavor to rival and defeat the government on which it depends, it forfeits all claims to indulgent consideration, and can and ought to be expelled from the outlet, particularly as its offers will not on their face, or in the facts, bear comparison with these of the government. I, therefore, announce to you, in order that you may communicate it without delay to the chief of the Cherokee nation," and through him to the council and people of said nation, that in my opinion those who propose to make leases with the Cherokee nation for grazing on the Cherokee outlet do so without the knowledge conveyed by the secretary of the interior to them, as well as to the Cherokee nation, that such leases are unauthorized and void and may at any time within the discretion of the United States government, through its proper officers, be set aside and the territory cleared of the presence of the pretended lessees and all connected with or acting for them; that the interference by offer of what are deemed future and extravagant payments to the Cherokee nation to be made by certain persons who have started up with their propositions since the congress of the United States determined to negotiate with the Cherokees gives occasion for the government to consider the propriety of laying its hands upon these citizens acting
IN DEFIANCE OF LAW
and against the public interests, and to restrain them from proceeding further in this direction. And it is now deemed that any such lessees should be compelled to leave said outlet with their property on or before the 1st of June next—it being deemed proper not to fix the time earlier, that they may escape without injury or suffering to their cattle and herds; that it is deemed, in place of the future payments of a transient corporation, to be to the best interests of the Cherokee people, judged by any standard, to receive at the hands of the United States a fund as the price of this land, without regard to the question as to whether they have a legal title to it or not the interest on which will give them a steady, realiable and abundant amount for their improvement and further advancement in civilization; that no claim is hereby made to authority to take these lands at this time by any title claimed by the United States; but that nothing is waived hereby, and that said title, if found to exist, as it is believed it does, will be asserted if the circumstances of the American people require that it should be; that nothing is waived hereby as to the rights of the United Slates, upon the executive order of the president, to transfer to the Cherokee outlet any tribes it may be deemed best to settle there, and which action may be necessary upon the purchase of the'land of the tribes thus to be transferred; that nothing more is sought by these statements and suggestions than that the Cherokees may recognize the sovereignty and presence of the United States authority, dealing with them, as with all others within its territory, in a spirit of fairness, but not to be trifled with by the ambition or designs of particular individuals, either citizens or others: that the advance of the Cherokees, the great number of white men among them, many of whom are yet citizeus of the United States, and the ability believed to exist in their council to fully understand the authority of the United States, as well as the rights of their own nation, will allow the government in dealing with them to indulge in
NO EXTRAORDINARY LENIENCY,
which might be due to some less intelligent and: less powerful body, but. according to the strict letter of the law, and on lines of policy which the United States has the right to assert for the benefit of its own people, as well as thorough ; consideration for the peace and prosperity of the Cherokees themselves; that if the Cherokees do not wish to sell, they are at liberty to keep their lands under the broad burdens resting theron in favor of the United States, unless the United States sees fit hereafter to assert its right by superior title; and that the Cherokees shall receive, under any circumstances, the same indulgence and generous treatment at the hands of the government and its officers that they have heretofore and so long enjoyed."
The Salt Lake Herald. October 30, 1889
LO, THE POOR INDIAN
Noble on the Purchase of the Cherokee lands
| WASHINGTON, Oct. 29.--Secretary Noble
has addressed a long letter to Governor Fairchild chairman of the Cherokee commission in which he defines certain positions the department will maintain in negotiating with the Cherokees for the purchase of the Indian lands in the Cherokee outlet. The secretary refers to the illegitimate influence of the Cherokee Strip Live Stock association in attempting to thwart the beneficent purposes of the government. The secretary reaches the conclusion that the syndicate purposes to outbid the United States for these lands, and to enter the arena as citizens contending with the national government. The secretary insists that the cattle syndicate fills within the law prohibititmg citizens from making leases with the Indians; that the leases of the Cherokee outlet are unlawful and illegal; that the President has authority to declare invalid any agreement or lease for grazing purposes made contrary to the provisions of the law, which provide that the purchase, lease or grant of Indian lands to be valid must be made by treaty pursuant to the constitution, and that the President has authority to remove unauthorized persons from the reservation whenever their presence is believed to be detrimental to the peace and welfare of the Indians. The secretary shows that the syndicate purposes to lease the land at a rental of $200,000 a year for the first five years; $400,000 for the next five year,s and $720,000 for the last five years The government proposition shows that the Cherokees will get from the United States at least seven million dollars, after deducting the payment already made. The cattle syndicate he says is presumably one of the ordinary kind of which hundreds have heretofore existed and disappeared with the loss of their assets. No responsibility attaches to the individuals composing the corporation, and if it did, they are persons whose fortunes, however great they may be today, are liable to the fluctuations attendant upon such ventures.|
The prices offered as a rental are deemed by all acquainted with the subject as extravagant from first to last The government of the United States is seeking the land only for the good of the people, to furnish new homes for a vast number of citizens who wish by their labor to redeem it from the wilderness of plains roamed over by scattered herds. The secretary in conclusion says the proposition of the United States is not only fair but munificent while the title to the use of the land even by the Cherokees is precarious; that the cattle syndicate has no authority to make a case such as is proposed and by its evident intention to rival and defeat the government on which it depends for all claim to indulgent consideration and can and ought to be expelled from the outlet.
The secretary therefore announces in order that it may be communicated with out delay to the Cherokee nation that in his opinion those who purpose to make leases do so with the knowledge that such leases are unauthorized and stay at any time within the discretion of the United States government be set aside; that then interference with the negotiations of the United States gives occasion for the government to consider the propriety of laying its hand upon these citizens acting in defiance of law and against public interest and to restrain them from proceeding further in this direction; that it is deemed necessary that such lessees should be compelled to leave said outlet with their property on or before the 1st of June next, it being deemed proper not to fix the time earlier that they may escape without injury or suffering to their cattle and herds that it is deemed to be to the best interests of the Cherokeepeople to receive at the hands of the government a fund the interest on which will give them a steady reliable and abundant amount for improvement and advancement in place of tho future payments that a transient company may make; no claim being made to authority to take these lands, but that no right is hereby waived. If the Cherokees do not wish to sell they are at liberty to keep their lands under the broad burdens resting thereon in favor of the United States unless the United States sees fit hereafter to assert its right by superior title, and that the Cherokees shall receive under any circumstances the same indulgence and generous treatment they have heretofore and so long enjoyed.
|(Did you ever read such a pure load of bull manure in your life? And we thought BS from the government was something new in the world. - Site Owner)|
St. Paul Daily Globe. November 09, 1889
Cherokees Now Ready to Treat With Uncle Sam.
|Talequah, Ind. Ter. All the contests in the Cherokee council have been settled, and that body is now ready to consider the matter of the sale of the strip to the government. To-morrow Chief Mayes will present the government's offer to the council, and will also read his message already published. The plan most favored by Mayes should the government attempt to follow out the plan outlined in Secretary Noble's letter is to submit the question to a vote of the people, at a special election in the hope of gaining time. The cattlemen are very active in the lobby. W. A. Phillips, of Kansas,: the attorney for the Cherokee strip live stock association, the present lessee of the Cherokee land in question, is here and had a long conference with Bushyhead and Chief Mayes to-day.|
The Morning Call. November 21, 1890
| Kansas City, Nov. 20.-- The Cherokee
Strip Live-stock Association has determined
to commence proceedings against the United
States Government for the latter's action in
forcing cattlemen to vacate the Cherokee
strip before the expiration of the lease with
the Cherokee Indiains. The company brings
suit against the tenants, who declined to
pay rent because the company's lease was
not valid. The suit is expected to determine
the validity of the company's lease. Then
the company will sue the United States
Government for losses sustained in the pre
mature marketing of their cattle.|
Secretaiy Blair of the Cherokee Strip Live stock Association is in the city and tells a startling story of ruin and desolation now in order in the strip. He expressed the opinion. that within thirty days from the time the strip is vacated by the ranchmen all the improvements made there will be possessed by thieves from Oklahoma and Kansas unless the Government orders out troops to protect the property. The terms of the lease provides that all permanent improvements revert to the use and ownership of the Cherokees when the cattlemen vacate. The value of the entire improvements is placed at half a million dollars. In the suit of the association against J. S. Stoller, one of tho tenants, to-day, for non-payment of rent, the Judge instructed the jury to find for the plaintiff, declaring the association's lease with the Indians valid, and declared the Indians owners of the strip. The association will now sue the United States Government for damages in a sum aggregating millions of dollars.
St. Paul Daily Globe. March 20, 1890
Cattle Owners Ask for Protection.
| Caldwell, Kan., March 19.-- The
Cherokee Strip Live Stock association
is in session here at its annual meeting.
The attendance is large, the situation in
the outlet being of unusual interest to
the members. Yesterday the election
of directors occurred, and the new
board re-elected tho old officers. A resolution was adopted providing for the
removal of the company's cattle from
the Cherokee strip as ordered in the
president's proclamation on or before
Oct. 1, next. The invasion of the strip
by the "sooners" and the destruction by
them of the grass on the ranges were
discussed, and a memorial to President
Harrison was adopted asking for protection against a repetition of these un-
lawful acts by citizens of the United
Authority was given to the treasurer to pay the Cherokee Nation the amount of rent due from July 1, 1890 to Oct. 1, 1890.
When to-day's session opened those who had not paid their regular dues were excluded from the meeting.
The Sun. March 23, 1890
Who Owns the Cherokee Outlet
| There is a fundamental difference of opinion between the Administration and the
Cherokees as to the nature and extent of the
rights possessed by the latter in their tract
known as the Outlet. Chief MAYES insists
that the Indians have as much right to lease
it as white men have to lease their lands subject only to a specific right of the Government, fixed by treaty, to purchase parts of
the tract for the homes of friendly Indians.
He denounces as an outrage President HARRISONS proclamation ordering the present
lessees of the tract, the Cherokee Strip Live
Stock Association, to remove their cattle
since the Government has not yet purchased it for the residence of friendly
tribes as stipulated in the treaty. It is even
said that the Government at Tahlequah will
demand damages of the Government at
Washington for the destruction pasturage
during the recent premature invasion of the
Outlet by settlers, on the ground that President HARRISON'S proclamation was the inciting cause of that movement.|
The Administration however holds that the Live Stock Association is itself an unlawful Intruder upon the Outlet, and that the Cherokees had no right to give it a lease of grazing privileges. Under the clause of the Constitution empowering Congress to "regulate commerce with foreign nations and among tbe several States and with the Indian tribes," Congress passed a law now forming section 2116 of the Revised Statutes declaring that "no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity In law or equity unless the same be made by treaty or convention entered into pursuant to the Constitution." The Government holds that the record of its dealings with tho Cherokees proves that the lease of the Out let to the cattle syndicate does not come under the exception here specified.
As long ago A 1785 this tribe made a treaty In which It was stipulated that "the United States In Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians and managing all their affairs in such manner as they shall think proper." Many years later it was proposed t remove the Cherokees to the West for a fixed home, with a right of exit westward for hunting game. The project took final form in the treaty of 1828 which accordingly gave to the Cherokees 7,000,000 acre carefully bounded and then declared that "in addition the United States guarantees to the Cherokee Nation a perpetual outlet west of the western boundary of the abovedescribed limit and as far west as the sovereignty of the United States and their right of soil extend."
This distinction between the home of the Cherokees and the outlet adjoining, which Is repeated in the treaty of 1833, is still insisted on by tho Interior Department. Yet it must be noted in favor of the Cherokee case that when the United States, in the treaty of 1835 bought for $5,000,000 all of their lands east of tho Mississippi, a modified arrangement was made. That treaty of 1835 agreed to convey to tho Cherokees "in fee simple" 800,000 acres additional for the sum of $5O0,000, and further, "that the lands above ceded by the treaty of Feb, 14 1833 including the Outlet, and those ceded by this treaty shall all be included In one patent." And, in fact, on Dec. 31, 1838, the President signed and issued such a conveyance, declaring that the United States "do give and grant" the tracts of land, "containing In the whole 14,374,135 acres to have and to hold the same, together with the rights, privileges, and appurtenances thereto belonging, to the said Cherokee Nation forever." This aggregate was made up of 7,000,000 acres in the residence tract and 6,574,135 in the Outlet together with the 800,000 acres purchased In 1835. This looks like putting all the land under the same title; still it has been held by United States courts that the Outlet was "not territory for residence but for passage ground," as originally stipulated. The Government also role on tho fact that tho patent lands was issued "subject to all the other rights reserved to the United States by the articles hereinbefore recited."
However In 1866 a new treaty expressly gave to the United States the right to settle friendly Indians In any part of the Cherokee country west of tho 96th degree of longitude, "said lands thus disposed of to be paid for to tho Cherokee Nation at such price as may be agreed on between the said parties in interest, subject to the approval of the President; and if they should not agree then the price to be fixed by the President." This will afford a means of acquiring at least a part of the Outlet. But the Government must not resort to a subterfuge. It needs the lands not for Indians, but for white settle ment, and the Cherokees do not now and never have needed it for their own residence. The Governments strong point is that it has never formally approved any lease of Indian grazing lands. It did not immediately break up the first lease of the Cherokee Outlet executed In 1833 for the term of five years, but in 1885 it actually removed cattlemen claiming to hold grazing leases or licenses from Indians In other parts of tho Indian Territory. Indeed section 2,149 of the Revised Statutes authorizes the Interior Department to remove from any tribal reservation persons whose presence "may in the judgment of tho Commissioner of Indian Affairs be detrimental to the peace and welfare of the Indians."
The truth seems to be that the Government from the first stipulated with all the Indians for tho right to control their relations with the whites as a measure of protection for both races; that it has encouraged the civilized tribes to manage their own affairs as much as practicable but nevertheless, when a private corporation seeks to defeat public purposes it reverts to the rights both of eminent domain and of requiring all dealings with the Indians to be made through it as the Intermediary. The statute prohibition against leases of Indian lands and the authority conferred on the Interior Department for the summary removal of whites whose presence is deemed detrimental are the legal provisions under which notice to quit has been served upon the cattle men. Yet the Cherokees are entitled to a liberal price for the Outlet, although that price should not be influenced by real or pretended bidding against it by a syndicate which renewed its lease after notice from tho Government that the validity of that lease would not be recognized.
The Salt Lake Herald. September 04, 1890
Removal of Cattle From the Cherokee Ship
|KANSAS CITY, Mo., Sept. 3.--President Edward Hewins of the Cherokee Strip Live Stock association to day said that strenuous efforts are being made to influence the President to extend tho time set for the evacuation of the Cherokee strip by cattlemen until December 1. If the Presidents order goes into effect by October 1 it will necessitate during the next twenty seven days the rushing of fully a quarter of a million of cattle onto the market which will virtually have the effect of running the price of cattle down a great deal lower than the market has been for years. He says every Representative and Senator from Kansas has signed the memorial asking an extension of time which has been presented to President Harrison. The secretary of agriculture has also interceded.|
St. Paul Daily Globe. November 20, 1890
CATTLE KINGS ARE MAD.
|Kansas City, Mo., Nov. 19.— The Cherokee Strip Live Stock association has determined to commence proceed ings against the United States government for the latter's action in forcing the cattlemen to vacate the Cherokee strip before the expiration of the lease with the Cherokee Indians. The first step in these proceedings will taken to-morrow, when the company will bring suit against J. R. Stollen, one of the company's tenants who declined to pay last year's rent because the com pany's lease from the Indians was not valid. He based his refusal upon the government's claim that the Indians could not lease their lands. This suit is expected to determine the validity of the company's case. Then the company will sue the United States government for losses sustained in the premature marketing of their cattle, besides the loss of two years' profits on business de nied them by the government, who ordered them from the strip that length of time before the expiration of their lease. It is the general opinion that: the Cherokee treasury will supply funds for this suit. The claim against the government will amount to three or four millions of dollars.|
The Salt Lake Herald. December 09, 1890
|John A Blair secretary of the Cherokee Strip Live Stock association says the association is about to offer Chief Mayes $20,000,000 for the strip.|
St. Paul Daily Globe. August 07, 1892
KEEPING CATTLE OUT.
Southwestern Governors Getting Their Dander Up.
|Guthrie, O. T., Aug. 6.--Gov. Seay today received a telegram from C. F. Davis, inspector of the interior department at Arkansas City, saying that the commander at Fort Reno had been ordered by the secretary of war to remove all the cattle from the Cherokee strip, and that Gov. Humphrey, of Kansas, had ordered the sheriffs of all border counties to keep all cattle out of the state. Gov. Seay at once telegraphed instructions to every sheriff in Oklahoma, the body of which was as follows: "I have just been informed that cattle are about to be removed from the Cherokee strip, and it is possible that an attempt may be made to drive a portion of them through your country. This you must prevent at all hazards, as the passage of such cattle through your country will endanger the stock of residents thereof. You will, therefore, take such steps and summon such assistance as may be necessary to enforce the law, being careful, however, to avoid unnecessary expense." An armed posse is already on duty on each county line, and every cow that crosses into Oklahoma will be killed.|