ROYCE ] TREATY OF APRIL 27, 1868. 367 
treaties and of legislation looked to the construction of but a single 
trunk road through the Territory from north to south, and, as far as the 
Cherokee Nation was concerned, for the like construction of but a single 
road through its territory from east to west. This interpretation of the 
treaties and the laws was admitted to be the correct one by all the 
companies but the Missouri, Kansas, and Texas. This company in- 
sisted that the meaning of the legislation and of the treaties was to 
give the right of way to as many roads as might in any manner be 
authorized by Congress to enter the Territory. 
The Secretary of the Interior in his opinion! expressed an emphatic 
concurrence in the interpretation insisted upon by the Cherokee dele- 
gation. He was further of the opinion that neither of the roads had so 
far earned aright to enter the Indian country by the construction of a con- 
tinuous line of road to the legal point of entrance, but that as it might 
soon be necessary to decide which company should first completely 
fulfill the conditions of the law, an executive order ought to be issued. 
declaring that no railroad company should be permitted to enter the 
Territory for the purpose of grading or constructing a railroad until a 
report should be received from a commission composed of the superin- 
tendents of Indian affairs for the central and southern superintenden- 
cies designating which company had first reached the line. These views 
and findings of the Secretary of the Interior were approved by the 
President and directed to be carried into effect. 
This commission reported’ that the Union Pacific Railway, southern 
branch — otherwise the Missouri, Kansas, and Texas Railway —reached 
the northern boundary of the Indian Territory, in the valley of the Ne- 
osho River on the west side, and about one mile therefrom, at noon on 
the 6th day of June, 1870, and that at that time there was no other 
railroad nearer than 16 miles of that point. 
Predicated upon this report, supplemented by the certificate of the 
governor of Kansas that it was a first class completed railway up to 
that point, permission was given the Missouri, Kansas, and Texas Rail- 
way Company by the President, under certain stipulations and restric- 
tions as to the methods and character of construction, to proceed with 
the work of building a trunk road through the Indian Territory to a 
point at or near Preston, in the State of Texas, and the road was rap- 
idly constructed under this authority. 
The Atlantic and Pacific road, having no competitor, experienced no 
difficulty in securing the right of construction of its east and west line 
through the Cherokee country. 
REMOVAL OF INTRUDERS— CHEROKEE CITIZENSHIP. 
On various pretexts, both white and colored men had from time 
to time established themselves among the Cherokees and taken up their 

' May 21, 1870. 
2May 23, 1870. 
3 June 13, 1870. 
