Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1893-02-09
CONSTRUCTION OF THE PER
NIT LAW.
Omcial Declaration of What it
Means.
OFFIcE OF ATTORNEY GENERAL.
TAuLEQUAH, /. T., Jan. 10. ls9i.
JON II II STApR


TAuLEQUAH, |. T., Jan. 10, 1895,
Hon. E. Il. STARR,
Treasurer, G. n.
SIR Your communication OF
the 9th inst. is before me, request
ing my opinion upon certain sec.
lions of the Act of the National
council, approved Nov. 25 1892,
entitled IAN Act authorizing the
treasurer to furnish clerks of the
several districts with blanks for
issuing permits and for other pur-
poses. "
Your first question is. does the
act of the national council, approx
ed Nov. 25, 1892, as appears in the
Cherokee Advocate, ferbidding the
issuance of permits to such only
as defined by Webster's dictionary
or Bouveer's law dictionary what
is in your opinion "a head Of a
family" within the meaning and
intent of the act referred to? In
order to render an opinion as cor
rect as may be, | have first exam
med previous acts Of our national
council, but find only reference TO
the term "heads of families" in
the act providing for the payment
of the per capita money in 1891,
from which | quote as follows, to-
wit: shall pay to heads of fam.
lilies, guardians having wards
in their charge, to any person who
shall have reached their majority,
and shall pay to each individual
in person so entitled, and who only
shall be authorized to receive and
receipt therefor" 1t is apparent
in the law here cited that there is
distinction here made, as to
"heads of families" and adults
(single without iamily). There
are here three classes of persons,
each distinguished from the other.
Though all are entitled to draw
per capita money, but each in the
character in which the law clothed
them. to. wit: "Heads of families, "
to guardians of wards, to persons
who shall have reached their ma
jority. Taking this act of the ma
tional council as a precedent to
construe the meaning and intent
of the national council, as to what
that body intended in the enact
ment Of the permit law OF Nov. %,
1892. by using the term heads
Of families" instead of all adult
citizens, / can come 10 only one
conclusion-that by inserting the
term "heads of families" that they
intended "heads OF families" both
in its literal and legal sense. Web
ster's dictionary is the acknowl-
edged authority on the meaning
of an English word among the
English speaking portion Of the
Cherokee people, which defines
tbe term family TO be "a col
lection Of persons who live in one
house, and under one head or man.
ager, a household including par.
ents; children and servants" page
495. In law, family is defined by
Bouveer's law dictionary to con.
sist Of the following classes to-witi
Father, mother and children; all
the individuals who live under the
authority OF another, including
the servants of the family A wild
over with whom lived his son ant
sons wife and household servant
is the head Of a family. An un
married woman keeping house anC
taking care Of the children Of I
deceased sister is the head OF I
family. A widower without child
rem who takes his mother to live
with him Is the head Of a family
A widower and grown up daughte
constitute a family. An unmarried
man who succeeds he father il
taking care Of his minor sisters MAJ
be deemed the head Of family
So Of an unmarried man support
ing his widowed sister and he
small children, and AZ an unmar
ried man whose widowed siste
lived with him and kept house; 81