The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1903-04-10
YEARGAIN CASE.
iticuIars Of This Interesting Case
rlade Public.

uhe Secretary OF tn6 Inierlor
Is advised the Commission to
3 Five Civilized Tribes that he
B reconsidered the case of Joseph
Y Yeargain ct al, for enrolment
the Cherokee Nation and has
y fersed the decision of the Five
ibes Commission and ord cred
applicants enrolled. The case
"a very important one: Joseph D.
y Scott A. Yeargain are brothers
4ir names appear upon the 1880
,henticated tribal RON Of the
erokees. and also on all the sub.
4nent rolls of the tribe; they
,i.sd're educated in the Cherokee
Y aools, and In the year 1896 they
moved from the Cherokee Ma
? ? MN to Southwest City, Mo-, where
. my engaged in the mercantile
? meiness; they left their property,
! m|ms, effects and household goods
the Cherokee Nation and resid.
Mo| within stones throw of fthe
Ierokee line in the state of Mis-
b.ri; they voted in all of the elec-
om1ns in the Cherokee Nation
'lyf Ice they were cid enough to
srshe; never missed single cleo
in; in 1897 Joseph D. Yeargain
lis elected as a member of the
en- n-lerokee Senate and served out
oole term, living at the same time
on. the state Of Missouri; Scott A.
ow bargain was Cherokee census
: ker and assisted in taking the
! Ierokee roll of 1896; both voted
nh the state of Missouri in the
10, esidential elections of 1896 and
OIL Do. The Cherokees never denied
EN- citizenship because the Cher.
be Constitution provides that TO
* :feit ones citizenship three
he Ings are necessary: fret, to re
rh % Ave from the Cherokee Nation;
gh cond, with all Of ones effects,
q II b third, TO become a citizen Of
in pther government. The Yeai-
n. I. ins moved but left their effects,
ID while they voted in Missouri
ey continued to claim their resi-
nee in the Cherokee Nation and
to fed there, also; hence, their
ne les in Miss uri were illegal
i The Dawes Commission rel ec,-
ame m Nthem because of the provision
te the Curtis bill, which provides
1e It no person shall be enrolled
as 10 has not before the passage OF
4 Curtis bill (on June %, 1885,
" moved to and in good faith set
IS. n in the Nation ia which be
= inns citizenship. This decision
: d affirmed by the Secretary of
nj B Interior, but was reconsidered
e. 4 referred to Attorney General
2 tDdevanter before the latter was
e pointed as Judge Of the Court Of
y = ppeals of the Eighth Circuit.
ldge Vandevanter's decision re-
70 ,rsed the decision of the Dawes
: )nmission and gave the Year
IS lins the right TO be enrolled as
Is items Of the Cherokee Nation.
q The error fret made, according
The Attorney Generals opinion,
s as in constructing too literally
: % provisions Of the Curtis act
Z hich were intended TO cut of
4 om participation in the Cherokee
/ state those Cherokees who bad
md to take their residence un-
I sr the control oil the Cherokee
! oxernment, and other persons
10 had abandoned the country
ia had met none of the duties OF
'od citizenship; where citizens
id moved out with their effects
ia become citizens of the States
ID disconnected themselves with
3 Cherokee Nation, or having
sn re admitted bad failed to re
ove to and permanently settle
1.-The Cherokee Nation prior to
passage Of the Curtis act. In
Hes where they were citizens and
4 the country with their effects
. Cherokee Constitution and not
nCurtie act aDuliea