Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-05-03
A TEST CASE OF THBNATIoN'S 8
AUTHORITY.

June last the present commits
sion decided adversely the claim
Of orc John Kesterson. The law
authorizing the appointment of a
commission to try and determine
applications for Cherokee citizen
ship, among other specifications,
declares all persous who fail to
satisfy the commission that they
arc Cherokees by blood, to be in
truders. and il they have erected
any Improvements, gives them
ninety days to dispose of the same,
running from date of judgment
against them. Should they fail or
refuse 10 take advantage Of the
privilege, it becomes the duty Of
the sheriff to advertise such i'm
provements thirty days and sell TO
the highest bidder, and, after de-
Quoting ten per cent. of the amount
received for his fee, pay the bal
ance TO the owner.
As stated, the case Of Kesterson
was decided against him last June,
but he has utterly refused to pay
any attention TO the courts decree,
or TO make any disposition of his
improvements as he had a right to
do under the law. Some time ago
Mr.. Thomas Blair, sheriff of Sc
quoyah District, in obedience to
an order Of the principal chief, is
sued ninety days after the judg-
ment of the court, advertised the
improvements of Kesterson for
sale at the court house OF his dis
trict, at the next term Of the cir
cult court. To prevent such sale
Kesterson enters a protest before
Agent Owen who thereupon ad-
dressed letter to Chief Mayes, of
which the following is a copy:
UNoS AGKScr, April 10, lsss
Hon. j. b. MAYEs, Principal
Chief, Cherokee Nation, Table
quah. Ind. Ter. DEAR SIR II
am in receipt of evidence of
John Kesterson to the fl ect
that he came into the Chero-
kee nation in 1881, on solicitation
Of agents of the Cherokee nation
and filed his claims. That in
June, 1887 he was rejected by the
commission. That he came from
the old Cherokee nation in East
Tennessee. That his brother was
furnished transportation by Unit
ed States. That relying on his APP
plication made in good faith, on
the advice Of the chief and others,
he bought and made an improve
ment in the Arkansas bottom four
years ago and that il is highly inn
proved. That it has been adyer-
tised for sale first day of next reg.
ular term OF the circuit court of
Sequoyah district, and prays an
order suspending sale and that the
papers in the case be forwarded to
the honorable commissioner OF In.
dian affairs through this Office for
review.
In view of these circumstances
] respectfully ask suspension Of
the sale, the forwarding Of tho pa
pers as requested, which should
be accompanied by presentation
Of the views OF the Cherokee ma
ton, and facts on which il relies.
This Office will promptly forward
with areport and this case should
be made precedent 10 determine
the line Of action in similar sue
coeding ones and the Cherokee
delegation directed 10 give the
natlcn attention. Respectfully,
X. l.. OWEN,
U. s. Indian Agent.
Though tempered to the respect
ful Language. Of request, the
above letter may be considered a
sugar-c coated order, coming from
ihc sonrcoi Il does. Official courte-
~ may dictate tho manner, but
l.ie authority for 50 doing may be