Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-12-09
SPRINGER'S DECISION.
Continued from page 1.

w nat is meant Dy tne WOrO re-
spect" as used in this connection?
There can be but one meaning,
and that is that the court and the
United States commission should
give effect to all such laws. The
next phrase in the statute is as
follows: "And all treaties with
either of said nations or tribes"
The word respect" thei efore ap-
plies equally to the treaties as to
the laws. The next phrase is as
follows: "And shall give due
force and effect to the rolls, usages
and customs of each of said ma
tions or tribes"
This court must therefore re-
spect or give effect to all laws of
the several nations, not inconsist-
ent with the laws of the United
States, and must give effect to all
treaties with either of said nations,
and must give due force and effect
to the rolls, usages and customs
of each of said nations or tribes
In this last provision congress has
recognized the fact that the Cher
kee nation has right to determine
who shall be and who shall not be
citizens of the nation. The na-
tional council may in its discre-
ton, confer citizenship upon any
person, or it may establish courts
or commissions to hear and de-
termine applications for citizen
ship in the nation. In determin-
ing, therefore, who among those
now claiming citizenship should
be enrolled as citizens of the Cher
okee nation, this court will look
to the laws of the nation and
consider whether those laws are in
conflict with the laws of the Unit
ed States. 1t will also ascertain
who have been lawfully adjudged
to be citizens by tribunals or com
missions duly authorized to pass
upon their applications. And it
will consider the treaties that have
been made between the United
States and the nation, and it will
give due force and effect to the
rolls, usages and customs of the
nation in dealing with citizenship
cases.
In order to determine what is
the law of the Cherokee nation,
the same rules of construction
must be applied as would De sp-
piled to the laws of congress or of
any state in the union. Ii the law
should be found to be in conflict
with the constitution of the Chero-
kee nation it would be null and
void, just as the law of congress in
conflict with the constitution Of
the United States would be null
and void
In considering the treaties which
have been made between the ma
ton and the United States, they
must be carried into effect and the
true intent and meaning of them
must govern. Ii it should appear
that any of the treaties had been
abrogated by Congress such treaties
would be no longer in force.
In order to give due force and
effect to the rolls, usages and GUS
toms of the nation this court will
inquire into such rolls, usages and
customs. Congress has already
defined what is meant in the act
of June 10, 1896, by the words
trolls OF citizenship"
The rolls of citizenship as de-
fined by congress have been con-
firmed.
The Cherokee nation has from
time to time passed laws for the
purpose of ascertaining who were
entitled to citizenship in the ma
ton.
Congress has always conceded
to the nation the right to enact all
Jaws which are not In conflict with
the constitution and laws of the
United States, or with the treaties
made with the nation.
1t will be seen from an examin-
alton of the acts in reference to
citizenship that from October 15,
1841, until November 20, 1868, a
period of twenty years, .
general invitation was extended by
The Cherokee nation to all Chero-
KEGS who may have been residing
out of the limits of the nation pre-
vious to the adoption of the con-
slitution to return to the nation
and enjoy the rights and privileges
of citizenship without being re-
quired to memorable the national
council for admission.
In all cases wherein it appears
that applicants for citizenship in
the Cherokee nation filed. their
claims before the proper tribunal
or commission, and in all cases
where the tribunal or commission
acted within the scope of its juris-
diction, as prescribed by the law
of the Cherokee nation, and ad-
mitted such persons to citizenship,
this court will regard such cases
as adjudicated; and in all cases
where such applicants were re-
ljected, the same rule will be ap-
piled. In order to set aside such
sdjudicstions, whether in favor of
or against such applicants, it must
be made to appear to this court,
either that the tribunal or commits
sion acted without jurisdiction, or
that the decision of the tribunal
or commission was procured by
fraud. "a judgment by which
the court exercised a power not
conferred upon it by the statute
under which it assumed to act is a
nullity and will be so treated when
it comes in question, either direct
ly or by an appeal or collaterally."
(Allison VS. T. A. Snider Preserve
Co. Sup. Ct. App. Term, 20 Mise.
367; As N. Y. Supp 925; Risley VS.
Bank SO N. Y. 318.)