The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1903-03-26
WHITE CITIZENS.
interview With VIM. Henry White.
the Attorney Who Secured the
Enrolment OF the Yeargalns.

Through the courtesy OF Mr.. VIM,
Henry White, a member OF the prom.
inent aud we'll known Washington,
d. O., law firm OF White 4 Co., we
are enabled 60 publish In full the let
ter OF the Secretary OF the Interior TO
the o. S. Court OF Claims, referring
to that court for an opinion OF the
question of the right Of intermarried
white citizens OF the Cherokee Nation
Ito participate IN the distribution OF
any OF the common property Of the
Cherokee Nation OF whatever kind or
character.
This question is referred under the
Act Of March 3, 1883 aud the case
thereby made is OF interest 20 every
citizen OF the Cherokee Nation di-
rectly or indirectly.
In discussing the case at the Cobb
Hotel today Mr.. White said, "There
is serious doubt as TO the jurisdiction
OF the Court Of Claims in this case. la
the first place IL is court OF claims
ami while many classes OF cases are
referred TO IL by Acts Of Congress, yet
the words authorizing the heads OF
departments TO invoke its aid are
claim or matter;' and there is some
force tc the contention that matter
means matter 10 the nature OF aclaim.
"My firm represents number of
the persons directly interested and
we are firmly Of the opinion that the
white citizens cannot afford TO allow
the case TO 20 by default, aud another
thing you may say 20 your people is
that this.case will be taken up, In our
opinion, and passed upon soon. There
is no time to delay
Mr.. Whites firm is also the one
which succeeded In having the cases
OF Joseph d. Yeargaln and Scott A.
Yeargain referred by the Secretary OF
the Interior TO Judge Vandeyenter,
their assistent attorney general for
the Interior Department, for an opn-
ion.
The YeargaIns removed TO the state
OF Missouri in 1895 and 1895 aud have
lived there ever since, voting 10 the
state elections 10 Missouri and have
property In the Cherokee Nation and
Missouri. They were rejected blythe
Dawes Commission under paragraph
niue OF section 81 OF the Curtis Act
which read:
mo person shall be enrolled who
has not heretofore removed TO and in
good faith settled In the nation 10
which he claims citizenship"
The case then went to the Indian
Office whch.reeommeuded the reversal
OF the Dawes commission and the ct
rOllment OF the applicants, but the
secretary rejected them, after which
Mr. White secured the reference TO
Judge Vandegenter who rendered an
opinion 90 March 10, recommending
the enrolment OF J. y and Scott A.
Yeargain and Se0tt's daughter, Mar
Ioria, who was .born aud has always
lived in Missouri, aud the opinion
was approved by Secretary Hitchcock
on the same dag.
This case Is specially important be-
cause the ruling will be followed 10
other cases where the facts are slmi-
lar aud there are hundreds who are
affected ty it.
Under this opiuiuu many rejected
persons now living outside the nation
may be enrolled by proper proceef-
lnRs at Washington, provided they
nave not intended 90 absolutely
abandon connection with the nation,
but We understand the interior de-
paftment will not u It's own motion
review d case already rejected.
Mr. White Will be at the Cobb Hotel
all Of this week, where applicants
may consult him fully about their
cases His Washington address is the
Columbian building, as 1th st. NV.
The text Uf the reference o. the
court 0f claims case above referred %
Is as follows;
DErARTHEsT oF THE INTERIOR,
i4jO-le03. ladian Territory pty.
Washington, d. c., Feb q, 1908
To the Court Of Claims:
by section a Of the Act Of
June 2s, ls9s. 30 stats. 4o5, 5O2. the
Commission to the Five Civilized
Tribes was directed 20 make rolls u
citizenship Of tho several tribes, en.
rolling among Others "sueh intermar-
ried white persons a. mag be entitled
20 citizenship under Cherokee laws
By the act u May, %, 1900, 81 Stats
21i, 2a8, said Commission was author
ized 70 continue the exercise of au.
thofity heretofore conferred on Il by
Law With the direction as follows
But Il shall not receive, consider OF