Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-06-20
no RIGHTS TO THE QUARTER MILE.
ThIsi is the Opinion Of Agent Wisdom
Regarding Claimants.

VIM. A. Crockett and others, of
Fairland, recently made complaint
under their "prima facie" papers
to the Indian agent that John w.
Chandler was enoroaching upon
their outlying quarter of a mile
which the Cherokee law provides
for. The agents decision is given
herewith:
In this cause ] have carefully
considered the prayer of petition
ers and all of the testimony in the
case adduced by both plaintiffs and
defendant; and | am not satisfied
that the petitioners, who are the
grandchildren of Mary Ann Crock
EFT, have established their Chero-
kee citizenship before me suffic.
iently clear to authorize me to
grant the relief prayed for in their
petition.
IL is true that petitioners filed a
certificate signed by John Q Tufts,
then U. s. Indian Agent, that, in
his opinion, Mary Ann Crockett
and her family had established be-
fore him aprima facie just claim to
citizenship in said nation. This
certificate was issued September
20, 1882. and entitled the parties
to remain in the Cherokee nation
to await final action in their case,
to be determined by such rules as
might be adopted by the depart
ment, all claimants to citizenship
who filed their claims previous to
the 11th day of August, 1886, were
and are entitled to remain in the
Cherokee nation until their cases
are finally determined; but i
think such ruling confines them,
strictly, to the claim which they
held or occupied at the time of the
filing of their applications and
tnat until they are recognized as
citizens by the Cherokee nation
they have no right to enlarge the
boundaries oftheIr original claims
Any other view of the matter
would permit or allow claiman
to citizenship to do all that citi
zen can do in the Cherokee natior
and as the right to hold the quar-
ter.mile limit by citizen is a righ
that inures to citizenship only
and not to the claimant to citizen
ship, | do not think that ough
to remove the said J.W. Chandler
defendant in this matter, of of tn
piece OF land IN controversy unles
1t can be shown that he has tres
passed or encroached upon tn,
original improvement made by tn
Crockett family and which was oc
cupied by them at the time thei
so called protection certificate wa
issued to them to. wit, Sept. 20, 1887
In the light of the treaties be
tween the United States and tn
Cherokee nation, sound publ
policy would seem to forbid that
right remain for a time in sal
nation should be construed to mea
a right so wide in its scope and S
enlarged in its application as I
enable a claimant to citizenship, b
virtue of such claim, to exercis
all the rights and privileges of ful
fledged citizenship. If such pra,
tical application of the la
should prevail, claimants woul
take up and occupy the whole {
the public domain of the CherokC
nation and thus defeat the polio
of protection of and permanent
of homes guaranteed to the Che
okees under all the treaties mac
D between them and the Unite
! States since their removal west
the Mississippi river.
: | am, therefore, constrained
dismiss the complaint of petitio
ers, and refuse to remove the sa
John w. Chandler as requested |
them in their said petition.
. Very respectfully,
: d. NJ. WISDOM,
U. S. Indian Ager