The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1903-06-24
American Field Fence Famine.
WHITE CITIZENS.
Brief in the Matter OF Intermarrlea
Citizens in the U. S. Court OF
Claims.

Halsell. William Little, " M.
Mars, G. w. Turner, ], e. Camp
bell. w. M. Johnstone, William
Jackson; and large number o.
others too numerous to mention,
intermarried white persons, claim
ing 10 be entitled TO citizenship in
the Cherokee nation, under the
laws Of said nation, by their at
tornsy, William T Hutchins, and
answering the petition herein say
First. That they admit the al
legations Of the first, second,
fourth, fifth, sixth, seventh, eighth
and ninth paragraphs Of the peti.
ton.
Second. Answering the third
paragraph Of the petition, the de
PENDANTS say that they admit that
the letter contained in petition
from the Secretary Of the Interior,
dated February "a, lyO5, is az se'
out in said paragraph.
Third. Answering the tenth
paragraph Of the petition, defend
ants say that II is true that the
Commission to the Five Civilized
Tribes is now engaged in the prep.
aration OF the rolls Of citizens OF
the Cherokee Nation. but defend
ants deny that certain persons
who are not Cherokee Indians by
blood. nor otherwise members of
the Cherakee Tribe Of Indians
without any right in the property
OF the Tribe, but who have inter-
married with citizens Of the Cher
okee nation by blood, Delswares,
citizens Of said Nation by adopt
ion Or nativity, and shawnees,
citizens OF said nation by adoption
IN nativity, have presented them
ileIyss before said Commission and
Iclaimed all the rights, privileges
kdand immunities Of native Chero.
! KEGS By reason cf such iniermar-
riaee and have demanded that
they be enrolled ar citizens Of The
Cherokee nation and be recognized
az having the right TO participate
in the distribution of the common
property OF the Cherokee tribe,
both land and money which claim
is not just nor has reasonable
foundation eitherin law Or equity.
Fourth. The defendants, ans
wering the eleventh paragraph OF
the petition, deny that the persons
who claim rights 10 the Cherokee
nation By intermarriage are not
entitled to participate in the DIS
tribulion Of the common property
Of the Cherokee tribe Of any kind
and character, OF in the funds o.
the nation; and allege that as e
the rolls OF the Cherokee citizens
now being prepared who are en'
titled TO participate in the distri
button Of said property and fuods
they have a right to be enrolled
on such roiis, and that the Com
mission to the Eve Civilized rribel
are authorized and empowered bl
law to so enroll them.
Fifth. Answering the Twelfth
paragraph Of petitioners com
plainl. the defendants admit tha
they base their claim 20 be enroll
ed as Cherokee citizens on the law
Of the Cherokee nation and on tn
laws Of Congress set forth in sal
petition, and deny the allegation
Of petitioners that the Cberoke
nation never has, by any proVis
ion, by treaty, agreement, or act 6
It's National Council. granted t
any persons who intermarr'e
with citizens Of said nation, an
righis whatever in the commo
property and funds Of the Cher'
kee nation.
DESCENDANTS further deny ths
the pruvision Of Law set forth
the said twelfth paragraph Is no
in force 10 said Nation and allee
that il vas not in force 81 70
time Of the Act Of Congress ther
set out and subsequently mentor