Newspaper Page Text
CHIEFTAIN PUBLISHING CO.
VINITA, INDIAN TERRITORY, THURSDAY, JUNE 13, 1895.
I -On the Rock Building, 5
Desire In nnnouncu to their mnny friends in this coun- 5
try that thoy tinvc added to their stock a full lino of 4
j PRY GOODS, I
i jsroTioisrs, ?
I FURNTSL-ITJSTGS. I
v these s-iiTxra Assra' so tiieiii ?
J GROCERIES. 5
J QUEENSWARE, 5
5 Provide Everything the Family Need, t
The Reason Why.- ft
....Swain's Grocery Co.l
Can sell cheaper thou any other firm, is, wo linvo no ront
to pay, we buy and Bell for cash, we do our own work, and
121 wc Blvo "ur trade the benefit of our Biivings.
" A aa II.. ."..... n....... !,! C H .. ftl An 1
?. 411 im l'iiiu viiuuiiiiiLiJii iiuiti iui ......... . .ri.w,
$3 Best Etinlon Oil, nor kuIIoii 203
f: Nails, per lb 03 g
JI& Gallon Canned Apples, per can 25fe
,,,,,, , 3., !?
5fe Axlo Grease, ner box .
u CIhw nllil ffnft n Ztli '1. lll.W'll tn,-1ll
? Oltll llllll IIUUVJUIIUV vi-vw, l .w.
SB Loaded Shot Gun Shells, per box. . . .
' 1'i.lron Pllv flnlrlni Crnwn li'lnur. nnr 100 lbs ,
gjg. Pure Apple Vinegar, per Ballon
III A PrJ Ql nnor-Jrto
Mrt UUlllJ.ClO UlUOI Ul UIUODIIDO
Always on hand at bed rock prices. When 3
anything to eat give us a call
U East Side of Track.
Swain Grocery Co.!
Vinita, Indian Territory.
A complete stock of Bdildors' Material,
Cement, Limn, Lath, Doors, Windows,
Mouldings, Mixed Paints, Wall Paper, Etc.
Yellow Pine Finishing Lumber Cypress Shingles a Spocialty
EIUOES FURNISHED ON APPLICATION.
Terms: CASH. W. L. TROTT.
The Btlt Sbo
tor the Lait Montr
W. L. DOUGLAS
$3 SHOE K
Over One Million People wr Ika
W. L. Douglas S3 and $4 Shoes.
. All oar .hoi. ar mimltr eallafacterr.
Thr irt.e the Ixit Talue tor tb moner.
TQtf fflBAl cuiuiin luoa 10 .171a .nil ui.
I'hrlrw.Arlorqualltle. are uksurraiicl.
1 b price uqlTonn alaratwa on km.
vrnm litnU urid oY.r othrr fnakM.
- - t; T .T :ir' " ' . -
11 JOMX aHur caqaq, puppi jwu wr a.
Ennmcllra vn " jtmp.
83.DU rOHM OMH, v M1K.,
$2.ou ww it wpnwgratn j.
$.2 A 9 1 . S O P ' ""
UfllH , .. u l,ia.
U your ataJfr cannot vnppij
JQH, W.I.W IWC I.IMWi
W. L. Douglas,
For sale by C. HAYDEN, Chouteau, Ind. Ter.
Ik loitbcLcaitMour l
"K K't-. .-t V&Sk
mi mm. m-
cmz-j .-T--. sa.
jw' .mn .n
WHfc p. lflK JJESrjtQ-Bsilk
iSia-afeI-!".?k. : -TTW. NUn Tk.
B VujAgyv' jf F"Hfr ri
K.aamauri.r'. iiii inn m
JOSEPH HUKT & Co.,
VINITA, IN U.TEH.
Hardware, Implements and Machinery.
SPECIAL VIGUIIKS AND GIIADKS OF HUGGIES,
SUUUIES AND ALL SPRING -
t$Fine Lino of Groceries in Connection. ,
EYE GLASSES 6
IProtect Your Eyes.
MR. H. HIRSCHBERQ.
The vrf II. known K,e Ktptrt olSOK. Httrret. New York, n J
r..'9 0HTe HI,. SI Lonli, llo.. lit, .ppolntril A. W. 1'orrmin
jrrnl for Mi cclebr.lnl Non-tlin)irble SpeeUnlr.'.ml
KTe-uliitri, mil rTrrf pilr parclniril l.icaar.nlced.to thil
t injr time clin,e It nrcrtiarr (no mutter liow crilchei
tb. leniee). thev will furnlth ilia nirtr with 1 ii.tr nalr ol
Rlatira lro of cliargt A W Foreman haa a loll aitort.
rornland Intltea all who wlah to aatlarjr themaelrea of the
treat anpf rlotltjr or theie glaiira orer any ami all othrra now
in nie, to call and examine them at tba atorr or A. W Fore,
rnan, aola arent for Vlnlta, 1 T
Noa.Kea.li.nnWit etauped Xon Changeable."
AVOID BulK SocI I
Bad soda spoils good flour.
Pure soda the best soda, comes
only in packages.
bearing this trade marknr
J! It costs no more than inferior pjekage soda
--Hcvtr spoils the flour always keeps soft.
2 Pcwarc of imitation trade marks and labels,
S ?mt insist on packages
bearing theso words
! kM kM HAMMER SODA j
AUde only by CHURCH & CO., New York. Sold by grocers everywhere.
Write lor Arm and Hammer Hook ol valuable Reclp-rREH. 8
R. I. Blakeney,
. '- o
Will give instruction on
Violin, Mandolin, Cornet,
and all brass instruments
Ternss 53-50 per month, ,
Two lemons each week.
Can furnlBh orchestra- musio
The Ucst are tho
Is the Best Fixed and the
Best Photographer in
He is Permanent w,d Rellpiblo.
SHE HAD EXECUTIVE ADILITY.
Showing that ttm Itnllna; I'iMlrm la orae
tltnea. "'ronir. na fetth.
Shu had ahvnys beon noted for her
executive ability, but now ulio was
Koltifr to illo. Notwlthntntidlnff tho fact
that eho hnd ahvays been consulted
about every birth and death In town
for years and years, had been con
sulted about church fairs and'jsocla
bics and christenings ntid wedMlnp;s(
and had shown her exccutlvo'ablllty
In every organization from tho Odd
Follows to tho Foreign Missionary
society, and had been head and fore
most In rcllovltip- the sufferings ty
fire, flood, and fainlno at home and
abroad, was tho head of the King's
Daughters and the Colonial Dames,
tho Progressive Euchro club and tho
j'plttlcal Culture society, was on tho
excuutlyo ljojtrd of tho Fortnightly
llrownlnir club. th Ladles' Altar
guild, tho Hospital association, mid
Old Ladies' homo still, oven whllo
knowing of her rare oxccutlvo ability,
tvhon tho destroying angel carao her
way, ho dUVt ash hor anything about It.
He just camo and made known hlslntcn
tlon, feeling assured that her oxccutlvo
ability would help her to bo ready
when ho knoclccd at the door.
8ho had always graoped every oppor
tunity that camo her way to bo of uso
In the world. She had such a wonder
a tact and sho knew just what to do
on all occaslpns. Why, sho could give
a funeral for you and roanngp tho en
tire affair without a hitch, from mail.
Ing necessary purchases for you to re
modeling your gown and touching It
up with a bit of crepci sho know Just
Where to borrow a bonnet and veil for
you, and srjc went right ahead and
novcr asked you wltit yPW wanted
sho knew without asking. Of course,
some said sho was olllolous, and others
accused her of courting popularity, and
others laughed at her, but nono gain
said hor executive ability, She had
oncmlcs but who hasn't?
Tnc doctor told her husband that sho
would die, and her husband kept It
from her because well, It wasn't llko
a confidence on ordinary subjects; but
sho kncw.lt; the nngcl told her, and, as
she hadn t long to remain, there was
po tlmo to bo lost. The angel said she
might go any 'lay! tho doctor said It
would be somo wccUr,
Sho had always been a worldly wo
man to a certain extent; that Is, sho
liked tho llcshpots; then, too, bhc liked
to keep up with tho times, and as sho
wasted away In her bed, waiting, she
had time to think about the things she
would cavo behind her, and to wotu'er
how tho chlldrop would get nn without
her, and a thousand details that were
tho product of a well trained, execu
Hut one moro opportunity presented
itself. The house took fire one day.
and as they carried tho llttlo Invalid
put; on a Utter and carried her back
ocaln after tho flames wcro oxtlnt
gulshcd carried back for the last time
sho said to herself, not out loud, you
know sho had an opportunity to noto
the details of the destruction. Tho ex
haustion consequent on the excite
ment was great, and tho angel came
that night tynd hung over her feet, but
she motioned him away; slje was
wanted on oarth yet a while longer,
sho said to him.
"Von will need tho parlor In a short
time," she said to her husband the
next day. "Collect tho Insuranco on It
at onco nnd send for tho carpenters."
I'JIut tho noise will "
"Never mind tho nnlsp, "Tho parlor
must bo put In order at onoa. I liall
need It. I want It fixed over in Empire
design; you know I'vo nlways wanted
an Empire drawing room, and you may
have the partition knocked out and
(brow the parlors Into ono with somo
posUj nnd frotwprlc"
"Don't nrguo with mo. When J go to
tho drawing room again I want to know
that It's an Einptro room. When you
go out send Lillian to inc."
Lillian was tho cldcit daughter, and
when Lillian camo sho protested.
"Don't pbject! You make me cough,
and that woakeiui me. Do us I tell you,
Drlng mo samples of wall paper Em
pire, remember; bring me also samples
of carpet and portieres nnd furniture
brocade and a catalogue of designs
from tho furniture dealer."
Tho carpenters came, and while they
hammered tho angol hoj indulgent and
remained away. The bed was strcuu
with samples. Sho always had loved
samples; fow women but yield to tho
fascination of samples. Then tho plas
terers npd paper hangers camo, and tho
decorators and carpot men, nnd she de
livered her orders through Lillian with
tho calm dictation of one who had true
It was llko yielding onco moro to a
passion that hnd consumed her through
life and sho bado tho nngol wait yet a
"Ilring me samples of black goods,
Lillian," nnd tho bed was strewn with
sombro bombazlnu nnd crepe cloth, and
a dressmaker vas called In to mako up
tho habtllmvnti of wqs after a favorlto
design, and the gowns woro hung In
tho closets. Three black gowns that
mado the threo girls shudder, and three
black hats In the latest mode, reposed
In three bandboxes on tho closet shelf.
The girls triod thorn on, to tho satis
faction of the lady of executive ability;
they wept, but not she; sho had no
time, and thgq, there was tho angel,
Then she called for the plan of the
cemetery and gavo hor orders for tho
man who would coma In after tho angel
had made his final visit and dia
grammed tho scono In tho Emplro
drawing room when sho should hold
her final rocoptlon In it, making tasto-
ful suggestions about tho flowers.
Then tho minister called, and soon,
after that the augel camo.
It was all very unusual and worldly
and pathetic, nnd It is true. There
was nothing for anyone to do. Even
tho tears had nil beon shod for tho lady
of oxccutlvo ability who had executed
her own funeral. It was Just tho rul
ing passion that Is strong In death. N.
Following Bryant, Emerson put Into
his verso nature us ho saw It about
him the Ufa of Amorlcau woods and
fields. No second-hand nightingale
sang In his verses; ho took pleasure' In
rhyming "Tho Humbln-Hco" and "The
Titmouse," and In stnglng the streams
and the hills of Now England. Herein
thorn was no lack of elevation. Tho
spirit of the true poet Emerson had
plnindantly; Indeed, thero are those
now who cull him n poet rntucr than
philosopher. However careless hhj
Terse-making and It was sometimes
very slovenly tho best of his stanzas
are stroug and bracing; they lift up
the heart of man. St. Nicholas.
8CIENCE AND INDUSTRY.
Opposition to the uso of antl-toxlno
treatment for diphtheria lias alrcndy
taken an organized form In England.
A deputation, headed by Lord Colo
rldgo, has protested to tho authorities
against Its uso In tho hospitals on tho
ground that "public money ought not
to be dovolcd to experiments in psy
chology." England consumes 000,000 pounds
or about 4,000,000 gallons of tea every
day, which s as much as Is usad by tho
rest of Europe, North and Houtli Amcr.
Ica, Africa and Australia combined.
The green tea of tho former days has
nlmost ceased to bo known, whllo tho
Twankay, Hyson and gunpowder teas
nro seldom heard from. China only
supplies one-twelfth of tho quantity,
tho rest coming from India and Cey
lon. The Indian tra goes half as far
again as tho Chlncso, as regards color
A ripe apple is one of tho cailcst
foods for tho stomach to deal with, tho
wholo process of digestion only con;
Burning olghty-flre minutes, Tho mnlln
nold of ripe apples, cooked or raw,
helps to dlgost meat and to stlmulato
the liver and ncutrnllzo those noxious
matters which, unless eliminated, pro
duce skin eruptions. Apples are not as
satisfying as potatoes because of their
delicate elements, but eaten with meat
In place of tubers they are golden food.
There are now about 400 blast fur
naces standing Idlo In Great Ilrltaln
that will never bp put Into bqst again,
and 12(1 flnlshod Iron works that will
probably never be worked again, says
Ityland's Iron Trado Circular. It adds:;
"We are Inclined to think that tho
present stagnation Is nothing else than
temporary, and that good times will
jigoln appear. Yp lar6 fewer works,
but their capacity for production, cspe;
dally tho.blast furnaces ol tho king;
dom, has largely increased. Tho iron
txado has shitted from somo localities
Nct railway earnings for 1694 are
not encouraging. Gross earnings of
138 railroads for tho year aro 8807,028,-
023 and net 8207,073,872, a decrease re
spectively of lt.l and U.5pcr cent from
1893. In 1893 a similar comparison
showed a decrease of 1.0 per cent. In
grovs nnd 3.4 per cent In net Tho
best shpn Ing s raado hy hp eastern
railroads, which show tho only gain
8.5 per cent over 1893. Of tho roads
showing decreases tho best exhibit Is
made by tho southern roads a do
crcaso of less than 1 per cent. Tho
Southwestern and Pacific roads mako
tho poorest showing, 23.8 and 10.3 pcr
ecnt decrease, Hradstrpet's,
Tho Influence of diet on the growth
of hair has often been discussed. It
has been shown that starchy mixtures,
milk and many other foods recognized
ns being highly nutritious, are, In fact,
suro death to hair growth. Chemical
analysis proves that th,o hair Is
composci of h per cent of sulphur and
Its ash; of 20 per cent, of silicon and 10
per cent of Iron nnd mangancso. Tho
foods which contain tho larger pr
cent of the abovo named elements arc
meat oatmeal and graham, lleniy
pointedly says: "Nations whtch cat
most meat havo the most hair."
'fhp Dcadiyood Times, in spcaklpg.
of the mining resume for ISitI, saysi
"Tho lllack Hills have mado rapid
strides to tho front rank as a producer
of tho precious metals. Wo havo no
statistics of tho gross 'output nor Is It
posslblo tq obtain them. The great
majority of tho producing mines nro
puncd by Individuals or close corpora
tions who nevpr give publicity tg thcp
affairs. It is safe to say that the Hlaalij
Mills during the past twelve months
have produced between Ave and six
million dollars In gold alone. Divi
dends have beon regular and promptly
paid by the larger corporations, tho
jlomcstake Company nlone distributing
8300,000 in this manner to Hi stock
holders." Everybody Is familiar with the no
tion that widely prevails among tho
peasantry of all countries, that cats
"suck tho breath" of Infants, If they
can get near them In cradles or on
beds; but we seldom hear of any actual
fatal results, Latply the journals con
tnlncd nn Instance where a cat had laid
herself down across an Infant's head,
while tho mother was soundly sleeping,
and, nnturally, tho child had died of
suffocation. There is a certain ldlo
syncrary against cats, producing In
persons of a peculiar temperament
"cat asthma;" and ono old Aral physli
clan says tho propinquity of 'tho cat
produces emaciation and phthisis.
THE. DAINTY DAMSEL.
What, V Seen and Heard In an AU-Mht
Sho was a delightful bit of feminine
loveliness and her face was like a
She glided gracefully Into an all
plg))t restaurant and seated herself at
ono of tho tnblcs reserved fqr ladtos,
Tho bald-headed old gentleman
stopped his milk toast half way up to
his mouth and three young college stu
dents twisted their heads so suddenly
(hat their high collars nearly guillo
Opening her electric seal capo, she
deliberately drew off her gloves, stuck
out two dainty feet, pursed her lips
into a pretty pout and took up tho bill
of fare, while the old gentleman
jammed his toast In one eye In a fit of
The white clad waiter fell over his
feet as ho mado a home baso slldo fnt
the table, and cold drops of perspira
tion stood out on his brow when ho re
membered that "floating Island" and
"angel food" had been taken from the
bill of faro that very day.
Thero was a moment of Indecision
aud then tho dainty damsel leaned
toward tho waiter and gavo a fow whis
Tho effect uKn tho waltor was In.
stantancous. His eyeballs rolled, his
fingers twitched convulsively, and It
looked to all that he was going to
Ilccororlng himself with an effort,
aud making a few gasps for breath, his
leather lungs toro a hole In tho at
uiusphcre largo enough for a trolley car
to pass through, with;
"llrown one! Fork and beans! Draw
ono, lu the darkl Two white wings,
sunny side up! Three olfn tho grltL
die! Make 'cm qulckl"
Then ho fell against the hot coffcQ
urn and scalded his neck, while the pld
gentleman tipped tho balunco of his
milk toast Into his lap In a Irantlo on
dcavor to look undisturbed. Vhlladol
The Chief Difference.
Llttlo pot-Wliat s tlo. lUfferencp
between toutaty folks ".rid, trqde)
lilttlo Dick Tradespeople talk shap,
and society folk talk shopping
COHSTlTimOS AND BY-LAWS.
Indian Territory Pharmaceutical
ARTICLE 1. Namk.
Tills association shall bo known ns
Tho Indian Territory Pharmaceutical
Tho object of tills nftsnclntlon shall
bo solely tl0 advancement of phar
macy by dlKscmlnatlnggclcntillc, prac
tical pharmaceutical knowlcdgo among
the memtxira and drngglHta of tho ter
ritory, to encourngu homo production
and manufacture of pharmaceutical
preparations nnd chemicals, to stimu
late Inquiry ns to quality of drugs
nnd chemicals, to detect and expose
adulterations nnd to encourage proper
relations between druggists, apothe
caries, physicians nnd the public.
A RTI0LH .1.-.MKMDRHHIIII'.
Any graduate In pharmacy, any
registered pharmacist, manufacturing
chemist or druggist actively engaged,
or a teacher of pharmacy chemistry,
Materia Mcdica or botany, and residing
In the Indian Territory shall bo eligi
ble for membership In this association,
Provided, Tho applicant shall fur
nish sulllclcnt evidence to tl0 council
of tliolr (lunilllcatlous as it practical
ARTICLE 4. Officers.
The officers of this association shall
lc a president, 1st, 2nd nnd Hrd vice
presidents, a permanent secretary, a
permanent treasurer, a local secretary
and a council of 'lc members, all of
whom shall lw elected annually by
ARTICLE 5. Duties of the Per
The permanent secretary shall keep
a record of the proceedings of all
meetings of this association, edit all
Its publications, ant cqllf.ct ;ill moneys
duo tho association and turn them
over to the treasurer.
ARTICLE 6. TitEASUiiEit.
The treasurer shall have charge of
the funds of the association; he shall
present his Ijook. and ilOTHnts for
audit at tho annual meowing; he may
be required by the council to give a
bond in such sum as may be deemed
necessary by them.
ARTICLE ". Council
Tho council of tlvc members of
which the president and permanent
secretary shall be ei-on'.eio members,
shall invostlgnto and report all appli
cations for membership, shall audit
all bills against the association at the
annual meeting, shall arrange the
general business and act upon such
matters as may bo referred, to It by
ARTICLE 8. Meetings.
The annual meeting of the associa
tion shall be held at such time and
place as may be determined by the as
sociation from year to year.
ARTICLE 0. Si'ECiAi. Meetings.
Special mooting of tho association
shall lie called by tho president,
whenever requested In writing by at
least ten members, stating tho object,
but no such meeting shall be called
without at least twenty days notice
through tho permanent secretary.
Ten members shall constitute a quo
rum for the transaction of business at
any meeting provided for by the constitution.
ARTICLE 17. Dei.eoates.
Delegates to represent The Indian
Territory Pharmaceutical Association
In conventions nnd meetings where
this association Is entitled or Invested
to be represented, 'hall be appointed
by tho president upon the recommen
dation of the council.
ARTICLE 18. HoNortAitY Memheus.
Honorary and associate members
may bo elected at tho discretion of
tho association upon the recommenda
tion of the 'ouncll.
ARTICLE 19 Puiimcation or
The transactions of this nssoclntlon
shall bo published annually and' ono
copy of each volume shall lie furnished
to each member of tho association by
tho permanent secretary.
ARTICLE 20. OiiDKit or Business,
L Hoadlng of minutes of last meet
Application for membership.
The president's address.
Report of offlcera and commit
Election of members.
Rending of communications.
7. Rending of papers.
8. Miscellaneous busings,
0, Election of ofllcors.
10. Reading of papcri.
At alt subsequent sessions the order
of business shall be as above.
ARTICLE 21. Amendment.
Any portion of this constitution may
bo amended or suspended at a regular
mooting iy a two-tiurus majority
A committee on "Trado Interest"
was appointed as follows: Geo. A.
Illllcbcrt, Wynnewpod, chairman; W.
O. Shannon, Duraqt; Vr. P. Wood,
CaddoiJ, W. Moore, Pryor Creek; E.
P. "White, Clarcmorc.
Committee on "Papers and Queries"
J. L. Bcardsly, Wagoner, chairman;
Lee Hartles, Clarcmorc; Poko Carter,
Tahlequah; C (, M.crKe.1, Musoogoci
& G. Mooro, Eufaula.
II. C. Cobb, C. W. Mcrkcl, A. L.
Paxson, N. V. Hancock, S.W, Prcwltt,
Muscogee; S., S. C&bb, Wagoner; L. L.
Sloorc, J. R. Shcchan, Vinita; G.
A. Hlllcbcrt, Wynnewood; E. P. White,
Clarcmore; II. D. Knlscly, Clioratah;
W. O. hlinnnon, nurant; J. A. Holder,
sustained as in thin case. Tho
laws of the Cherokee nation re
quired a United States citizen, who
desires to marry a Chcrokco wo
man, on taking out tho license and
paying tho fco, to tako tho follow
"I do eolomnly swear that I will
honor, dofend nnd submit to tho
constitution and laws of thc-Ohero-kco
nation, and will neither claim,
nor seek from too United States, or
nny other government or
from the judicial tribunals
thereof, nny protection, privi
lege) or redress incompatible with
tho same, as guaranteed to tho
Chcrokco nation by the United
States in troaty stipulation cnterod
into between them. So help mo
Tit. t,tvll,a tt n ninprt.nfl nC n
I J .mu v. u ilinilliifj.
United, Stales citiaon to a Chero
kee woman as provided in tho
Cherokee statutes he becomes what
is called "an adoptod citizen,'7 and
is entitled to all tho rights and
privileges of tho citizens of tho na
tion. That tho petitioner has
claimed this right from the timo of
his marriage up to tho timo it is
alleged that he took out letters of
naturalization in this court on Do
conber 4, 1890, la undisputed. At
tho time ho availed himself of tho
privileges contained in the Act of
May 1, ls'JU, in reference to natur
alization oflhoso who wcro mem
bers of Indian tribes, and by vir
tue of that naturalization claim.3
that ho is no longer subject to tho
jurisdiction of tho Indian courts
Hones ho applied for a writ of ha
beas corpus to bo released jrom
tho custody ol tho sheriff of Coo
weescoowee district who has ar-rcsted-him
upon n warrant which
is before the court, and which
states that he has been charged
with a misdemeanor in an indict
ment found by tho circuit grand
jury of said district. Whllo it is
not stated what tho misdemeanor
Is to which referenco is mado in
this warrant, it appears from the
testimony ot tho witnesses, which
has heen submitted to tho court,
that tho petitioner, somo timo
naturalization of tho petitioner un
der tho laws of the United Stfttai
havo as to his liability to respond
to tho Chorokeo courts for this vio
lation of their laws? It was not
tho Intention of congress, in per
mitting citizens adoptGd by the
Indian tribes to tako out lettevs of
naturalization And become citizens
of tho United States,' to deprive
thorn of any rights which they, had
under the laws of tho nation to
possess and uso tho lands under
tho laws of tho nation. As adopt
ed citizens of tho nation,, thoy
acquire the right to tho u?o of tho
land by virtue of their marriage
nnd adoption, Thoy hold that uso
subject to tho laws of tho nation
apd must bo governed by those
laws in referenco to that uso. It
was not tho intention of congress,
in permitting them to become cit
izens of the United Stales to re
lievo thorn from nny responsibility
which thoy owed to tho Indian na
tion for the manner in which thoy
used thoir lands under tho laws of
tho nation. If nny other construc
tion woro iiven to such naturaliza
tion papers, it would enable por
sons who were citizens of tho In
diarj bribes to tako out such papers
and then to defy tho. laws ot tho
nation undor which they enjoyed
their lands and privilogos. Thoy
could claim that they wore cithons
ofihp Unitud Statos and not sub
ject to the Indian laws. When
citizens of tho united Slated go
among theso peoplo and marry
their citizens and acquire tho right
to uso their lands they becomo
subject to tho laws which aro mado
for tho protection of those lands,
and they cannot absolve them
selvo3 by their own acts, bo that
thoy may tako advantage ot their
own wrongs. Tho law under
which tho Chorokees prohibit the
leasing of their lands tb the citi
zens ot tho United States is ono
that tho courts of that nation can
alono enforce, and tho porsons who
avail themselves of tho use of
those lands can only be piosecuted
tor a violation oi any oi tnc con
ditions upon which they aro 'held,
heretofore laid out and platted a bv the courts of the Indian nation
town called"The Town of David,"4-lf thoy nro to bo doprived of such
All records and other property of the
association, except Its funds and the
treasurer's books and accounts shall
bo kept in charge of the permanent
secretary. All ofllccrs of the associa
tion shall turn ocrtotbclrsucccs.son,
through tho council, any papers, books
or other property in their hands,whcn
ever called upon to do so.
There shall be an Initiation fee to
this association of one dollar. The an
nual dues of members shall bo one dol
lar each payable annually In advance,
but all applications for membership
shall be accompanied by the first year's
annual ducswltl) tlie Initiation fee.
This association shall have a seal
1 which shall be alllxcd to all certificates
of inemirorllp, appointments and
other Important oillclnl documents is
sued by the authority of this asoocla
tlon and signed by tho president and
ARTICLE 14.- -Cektikioatk ok Mem
iiKitsiur. An person shall bo entitled to a
certificate of membership In this asso
ciation who shall upon application to
the sccatary furnish sufllclenr, recom
mendation tobecomcan act lc member
ns specified In Art. 3.
ARTICLE 15. FoiiFKiTUHRor Mem-
Any inombor In arrears (or two yoars
shall thereby forfeit his membership
nnd may bo suspended or dropped, at
tho discretion of tho council. Any
member may bo expelled for Improper
conduct by a two-thirds vote of mem
bcrs present at any regular meeting of
tho association, but no member shall
bo suspended or expelled without due
The president shall appoint at each
annual meeting a comnilttco on trado
Interest; a comnilttco on papers and
queries, a comnilttco on drug adulter
ations, a comnilttco ou exhibitions, a
couinilttco.oii pharmaceutical prepara
tions, and any other committees tho
pre.ild,eiit may appoint. Each copi
Hilttuo studl cmihltit qf three mcmliers
who shall report at the next hhiuihI
JUUUE SlMtlXOEU'S OPINION
On A. J. Illackirell's Application for a,
Yrt of Habeas Corpus.
A habeas corpus is a writ of
right, and thcreforo upon a proper
showing it is the duty of all judges
to issue tho writ, and it is the duty
of the person holding tho petition
er in custody to produce his body
beforo the judge issuing the writ
and submit tu the order of the
court or judge, after hearing all
ol the facts. In this case the pe
titioner, A. J. Blackwell, states
that ho is a citizen of the United
States and a resident of the north
ern judicial district of tho Indian
Territory, and is unjustly and un
lawfully detained and deprived of
his liberty by J. T. Musgrovc,
sheriff of Coowcnecooweo district.
and J. C. Ward, deputy sheriff of
said district, upon a warrant is
sued by a court of tho Cherokee
Tho petitioner claims that ho is
a citizen of tho United States, aud
not subject to the laws of tho
Chcrokco nation.. Tho answer of
tho sheriff of Qoowccscoowco
district, sets forth that on
tho 20th day of May, 1895,
by authority of tho coqrt in. Coo
weeecoowed district, Cherokeo na
tion, he arrested tho petitioner,
Dlackwell, who is charged with a
misdemeanor in nn indictment
found by the circuit srand jury of
in the Cherokee nation, upon the
lands which vero oocupled by him-1
self and wlfo by virtue of her citi
zenship and ot his marriago to hor.
It appears that tho misdemeanor
referred to ya,s in tho disposition
qf certain lots in that town by a
peculiar kind of certificate a con
veyance which is sui generis, and
was evidently mado to evade the
provisions of tho laws of tho Chero
kee nation and tho laws ot Con
gress in regard to theso Indian
lands. The laws of concress and
tho Chorokeo nation require that
these lands shall be held in com
mon bv the Indians and adopted
citizens of these nations, and it
is unlawful for any person having
possession of any of these lands
and entitled to theiruso to. sell or
lense them, to non, citizens of the
The certificate which was made
by the petitioner, a cony of the
blank one of which is beforo the
court is as follows:
"This certifies that the hold
er of this certificate, is ontitled
to-r-rlot in tho town of David,
Chorokeo nation, said lots being
25 by 140 feot. The conditions of
this certificate arc: That the hoi'
dcr hereof shall pay tho president
of said town company tho sum of
-rdollars, upon the receipt of
this certiticalo, and shall pay 8tu
moro within twelve months from
the timo when said president of
said town company can make war
ranty deed to the holder of this
"The holder hereof shall, have
fill possession of said lot to
unvu uiiu iu iiuiu cuiu lot to
gether with all appurtenances
President of David Town Co."
Certificates were issuod to cer-
said district, Usted September 28, J lain persons, some of whom wero
1894: that said warrant of arrest
is attached J,o his answer and mado
a part oi it, anu mat uiacKwuu is
held by virtuo of said warrant.
These aro tho faots qf record.
The petitioner has produced
witnesses who liave tcstiflod to
some iurther facts, and lias also
submitted to nn examination under
oath by counsel representing the
Cherokeo nation, the sheriff of the
CoowcescoowQO district, it ap
pears from theso witnesses and
from the statements of tho peti
tioner that ho was n native born
citizon of tho United States, and
that somo ten years ago ho was
married to a woipan at Chorokeo
blood, nnd that they have lived
togethor as husband and wife, and
still livo together as such, in the
Cherokee nation; that she has lo
cated upon a portion of tho lands
Held by uio nation and (8 still oc
cupying sue) landa under tho laws
ot tho Cherokeo nation, which
entitlo citizens to tho possession of
eucti property as tiiey may encioso
and cultivate. There is no ques
tion as to hor right to occupy n
portion of tho Cherokeo lands.
Tho petitioner claims that there
was some irregularity in regard to
his marriage, to the effect that tho
citizens who mado a certificate of
good moral character as required,
by Cherokee laws, did not know
that the petitioner had pot resided
in tho Chorokeo nation six months
immediately precoding the signing
of such certificate, but did apply
for license to marry, the license
was granted to him, ano) his mar
riage was solemnized as otherwise
prp.vidod in the laws of tho Chora
kee nation, If this o true. su,ch
irregularity wquld not invalidate
marriage otherwise lawfully solem
nised, entered into, and under
which the mhrrikge relation wu
not citizens of the Cherokee nation
Just what is tho effect or may bo
tho effect of this certificate is some
what dificult to determine; but if
it were legal and binding upon tho
petitioner and upon the Cherokee
nation and upon tho United States,
it would amount to a quit claim
with a oovonant to make a war
ranty deed in tho future it would
amount to a quit claim of the
grantor to the granteo with a prom
ise to make a perfect title in the
tuturo accompanied uy possession,
which carrios with it the use of
the property. Thereforo, if such a
certi.h.catp as this wero in accord
ance with the laws of tho Chero
keo nation and the United States,
it would effectually enablo the
adopted citizens, and oitlzens also,
who would oortalnly have equal
rights to alienate all tho lands thoy
have to non citizens of tho Indian
nation. If tho Indians may alien
ate their right to the possession of
the lands liy nn instrument that
carried with it the usufruct and a
promise in the future of a warranty
deed when ablo to make it, they
could divest themeolves of all right,
title or interest whatsoover in
thoir lands. That such a disposi
(An f f Via lnt-wl "f rkn nnrlnn to
unlawful both wnder the laws of nd punishment
power, the wholo fabric ot their
tribal syatom will bo destroyed and
ot no avail whatever.
The treaties' which tho govern
ment of tho United Stales has
mado with theso Indian tribes for
bid any such construction being
given. Article 13 of the treaty of
July 10, 18G6, provides:
"that the judicial tribunals of
the nation shall bo allowed to re
tain exclusive jurisdiction in all
civil and (criminal cases arising
within their country in which
members of the nation, by nativity '
or adoption, Bhnll be tho only par
tics, or there tho causo of action
shall nriso in the Cherokeo nation.
except as otherwiso provided in
In the holding of theso lands or
in any control ot them by adopted
citizens, thoy are subject to tho
civil and criminal laws of tho na
tion, and they ar'v ,- that extent
subject to the laws of tho nation
the samo as citizens of the nation.
They must stand upon an equality
wun tnem, or oise trie remedial
laws nro of no effect.
Tho petitioner states that there
were five warrants issued against
him. and that ho was tried undoc
all theso warrants, fined threo hun
dred dollars and was promised
that he would not be furthur mo
lested or farther prosecuted on ac
count of them. If that ba true, as
stated by petitioner, n has a good
defense to this action in the courts
of tho Cherokeo nation when
he shall be tried upon this indict
ment. He cau plead a former
conviction tor the same offense.
Until the petitioner has been put
upon trial on that indictment and
has presented his case to & final
hearing and disposition, he can
not complain that any injustice
has been dono him. At the end of
that proceeding it would depend
upon i&cts not uorr before the
court whether he had been dopriv.
ea oi nny oi ins rights, it it
should appear after a final disposi
tion ot this case in tho courts of the
nation, after he has had his trial
by the court which has jurisdiction
of the subject matter as recognized
by all tho treaties, after ho has
been so tried, if it should appear
that he was deprived of any right
in tho courts of the Cherokeo na
tion that other citizens of that na
tion enjoy, and that that depriva
tion waB owiug to tho tact that he
had taken out letters of naturaliza
tion and become a citizen of tho
Uuited States, or upon any other
pretext, it would be the duly of
this court td see that justico was
done him us a citizen of the United
States holding theso special and
peculiar privileres under the laws,
of tho nation. In other words, all
that a citizen of the United States
can claim of this court aft
againt the prosecutions that; he
may be subject to under tho laws
of the Indian nations, owing to
inter-marriage with their citizens,
is that ho should bo treated equal
ly anu upon tne same looting ana
subjected to the samo pensltiM
to which other
the United States ami under the
laws of the Cherokeo nation, can
not bo doubted for a moment.
Therefore the issuing of Rioh acer
tificate as this vs an act contrary
to the laws of the Cherokeo nation!
and which the Cherokee nation, as
such, has a right to punish in r.ny
way that its council may see fit,
not inconsistent with the provis
ions ef the constitution and laws,
of the United StatM lu regard to
tiunishmenU and in regard to th
loldlne of theirJawtia.
What effect tStmfor will tfa
citizens of the Indian nations at
Such a case is not presented m
this petitioner. Upon thaVlaotii
now presented, I am of th opin
ion that tho petitioner is stthjetM to
the jurisdiction oftke Chrok
courts, m& that he is rightfully Uir
the custody of the shttriU of Coo
wecscoowM district. Hi potHiou
is therefore dental atMt he r
mndd to the custody of (be tjbtf
iff. A form! order to thi tffecl
ill W enlaced upon Um records