The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1897-12-07
Claimants aud ss,OOO,OOO In Prop
erty Invoived-Blood Relation
ship Not sumcIeut Cause
for Tribal claims Other
Points Decided.


Following is the ruling in part:
In the opinion of the court the fol-
lowing propositions are clearly estab-
lished:
First-That the lands and other
property Of the Cher olSee nation be-
long to IL as political body, and not
to its individual members.
S9coud-That the North Carolina
Cherokees, who are now known as the
Eastern band, who refused TO join
their countrymen in the removal to
the lands ceded TO the Cherokee ma
ton west OF the Mississippi river.
thereby dissolved their connection
with what is now known as the Cher
okee nation They became citizens Of
the states and subject TO the laws of
the states in which they have resided,
aud have no right, title or interest In
the lands or other property OF the
Cherokee nation as now coustitu ted.
| Third-That the phrase, tic whole
CherolSae people, used in the treaty
If 1916, refers to those Cherol1ees only
whose representatives participated in
the making and ratification of the
treaty, viz the Cherokee nation prop
er, the treaty party and the old set
tiers. or Western CherolSees. Those
lCherolees only were the recognized
athens of the united Cherokee nation,
and no other Cherokees were entitled
to the rights and privileges Of citizens
lof the Cherokee nation as now con-
5tituted.
Fourth-If the Eastern band of
lCherokees. or the Cherokees in all the
states of the Union. wish TO enjoy the
benefits of the common property of
1.-The Cherokee nation, in whatever form
Il may exist, they must, as held by
tine Supreme court, and by the court
,f claims, comply with the constitu-
tuition and laws OF the Cherodec ma
) ton and be readnitted to citizenship
as therein provided.
They cannot live out of its territory,
svade the Obligations and burdens of
citizenship, and at the Same time en-
4 10y the benefits of the lands, funds
and common property Of the nation.
In determining who are citizens of
the Cherokee nation the following
propositions will govern this court:
Flrst--That those Indians who have
J. separated themselves from the pres
ent Cherokee nation or from the old
Cherokee nation east of the Missis-
sippi river and have taken up their
= residence in the states, and have
: moved their effects out of the limits
: If the nation, and the Eastern band
IF Cherokee Indians, who remained
in the states after the treaty of 1895,
- lhave forfeited their rights and priv
8 ileges as citizens Of the nation, and
% that such persons cannot regain their
citizenship unless they comply with
the constitution and laws of the Cher
ol<ee nation and be admitted TO cit
.s lizenship as therein provided.
y Second-That this court recognizes
l. 1.-The legislation of the Cherokee nation
: constituting the supreme court, and
thereafter the chief justice of the SUI
/, preme court, tribunals to pass upon
l. certain classes of citizenship cases
and also the legislation of the Chero
:, kee nation creating commissions will
s. prescribed powers to pass upon appli
cations for citizenship in the Chero
lxee nation, as passed In accordance
- with the general legislative power o
Y the nation, and will respect such legis
20 lation TO the extent that il may be IL
accordance with the constitution ant
laws of the United States, and tn
treaties made between the Unite
We States and the Cherokee nation. i
ty constituting such legislation the cour
will apply TO II the same genera
n, principals Of statutory constructio
on which should be applied TO the sta
= utes Of any of the states of the Unio
or TO the statutes Of the United State'
Third-That blood alone is not tn
test Of citizenship in the Cherokee
nation. That those Cherokees an
n their descendants, who have separate
u themselves from the nation, and ha'
removed their effects from 1t an
taken up their residence in any of tn
ne states of the Union, have ceased to
Cherokee citizens And, further, thu
bona hde residence in the nation
a essential to citizenship
o. Fourth-Full faith and credit wi
be given to the judgments of the Il
bunals aud commissions In citizensh
cases, unless il is made to appear tn
nd the tribunal or commission acted wit
tout jurisdiction, or that its judgme
was procured by fraud, as more ful
Explained In this opinion The acts
the Cherokee council in the determi
\ alton Of applications for citizenship
II the nation will be regarded as jud
ments of a court and will be suoje
to the same tests as to their yalidii