366 CHEROKEE NATION OF INDIANS. 
Interior, and although some distress for the time being was occasioned 
to individual settlers, whose improvements were by the resurvey of the 
line thrown within the limits of the Indian Territory, the boundary has 
been so plainly marked that “he who runs may read.” 
RAILROADS THROUGH INDIAN TERRITORY. 
The series of treaties concluded in 1866 with the five principal tribes 
in Indian Territory all contained limited concessions of right of way 
for railroads through their country tothe State of Texas. The eleventh 
article of the Cherokee treaty contained a grant of right of way 200 
feet in width to a contemplated railroad through their domain from 
north to south and also from east to west. In pursuance of these treaty 
concessions, as essentially a part of the same scheme, Congress, by ap- 
propriate legislation,! granted public lands and privileges to the Kansas 
and Neosho, the southern branch of the Union Pacific, and the Atlantic 
and Pacifie Railroad Companies, respectively, for the construction of their 
roads. The Leavenworth, Lawrence and Fort Gibson Railroad was also 
conceded like privileges. The stipulated point of entering the Indian 
Territory was in each case the west bank of Neosho River, where it 
crosses the Kansas line. As there seemed to be some question whether 
more than one line of road would be permitted to traverse the Terri- 
tory in each direction a race was inaugurated between all the north and 
south lines, each in the effort to outstrip the other in reaching the pre- 
scribed point for entering the Indian country. The Union Pacifie 
Southern Branch (subsequently known as the Missouri, Kansas, and 
Texas) Railway Company, in the fervency of their desire to reach the 
line first, omitted the construction of a portion of their route, and began 
operations within the limits of the Cherokee country without having 
received the previous permission of either the United States or the 
Cherokee authorities so to do. To this conduct the Cherokees made 
vigorous objection, and appealed to the Secretary of the Interior. That 
officer notified? the railroad officials that the Cherokees did not recog- 
nize their right to so intrude upon the Territory, and that no work of the 
kind referred to could be permitted therein until the Executive should 
be satisfied, by evidence submitted in proper manner, that such entry 
and occupation were in accordance with law. Thereupon the officers 
and attorneys of the several companies interested appeared and sub- 
mitted arguments before the Secretary of the Interior on behalf of their 
respective interests. The point submitted for the consideration of the 
Secretary and for the determination of the President was, what rights 
had been given to railroad companies to construct railroads through the 
Indian Territory and what railroads, if any, were entitled to such priv- 
ileges and right of way. 
On the part of the Indians it was claimed that the whole scheme of 


1 Acts of July 25, 26, and 27, 1866. 
2 May 13, 1870. 
