The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1903-03-25
WHITE CITIZENS.
fervlew With VIM. Henry White,
BE Attorney Who Secursa the
Enrolment Of the yeargaIns.

Through the courtesy OF Mr.. VIM.
Snry White, = member Of the prom
5nt and we'll known Washington,
G., law firm OF White 8 Co., We
b enabled to publish 10 full the let
1 OF the Secretary OF the Interior to
3 U. S. Court OF Claims, referring
that court for ~ opinion OF the
lestioo Of the right Of intermarried
Site citizens OF the Cherokee Nation
10 participate In the distribution Of
y Of the common property OF the
iefokee Nation Of whatever kind or
aracter.
This question Is referred under the
bt Of March 3, 1883 and the case
oreby made Is OF interest to every
lizen OF the Cherokee Nation d.
ctly or indirectly.
In discussing the case at the Cobb
otel today Mr.. White said, "There
serious doubt as to the jurisdiction
the Court Of Claims In this case. 10
e first place II is court OF claims
AZ while many classes Of cases are
gerred to IL BY Acts Of Congress. yet
g wyrds authorizing the heads OF
apartments to invoke it's aid are
aim or matter;' and there Is some
)rce TO the contention that matter
cans matter in tine nature Of claim
my arm represents q number Of
ke persons directly interested and
are firmly Of the opinion that the
hite citizens cannot afford to allow
be case to 60 By default, and another
bling you may say 70 your people is
bat this1case will be taken up, 10 our
pinion, and passed upon soon. There
no time to delay"
Mr.. Whites firm IL also the one
bhich succeeded in having the cases
( Joseph d. Yeargain and Scott A.
kesreaiD referred by the Secretary Of
he Interior to Judge Vandeventer,
heir assistent attorney general for
be Interior Department, for an opin-
lon.
The Yeargains removed to the state
II Missouri 10 1895 and 1896 and have
Ned dsthere eyer since, voting In the
.tate elections la Missouri and have
property In the Cherokee Nation and
Missouri. They we're rejected blythe
Dawes Commission under paragraph
bine OF section 2l 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 In
which he claims citizenship"
The case then went TO the Indian
0ffice which.recomn,euded the reversal
of the Dawes commission and the en-
rollment Of the applicants. but the
secretary rejected them, after which
Mr.. White secured the reference to
Judge vnnde7enter who rendered an
opinion on March Is, recon nendiDe
the enrolment OF J.. ID aud Scott A.
!Yeargain and Scott's daughter, Mar
joria, who was born aud bias always
lived In Missouri, and The opinion
was approved By Secretary Hitchcock
on the same day.
This case is specially important be-
cause the ruling will be followed 10
other cases where the facts are simi-
lar and there are hundreds who art
affected by IL.
Under this opinIon many rejected
persons now living outside the nation
may be enrolled by proper proceed
lngs At Washington, provided they
nave not intended TO absolutely
abandon connection with the nation,
but we understand the interior de
partnent will not OF its own motion
review case already rejected.
MT. White will be at the Cobb Hote
all of this week, where applicants
may consult him fully about theil
bases. His Washington address is tbs
columbian building, 4i6, 5th st. NV
InsThe text of the reference OF the
court OF claims case above referred T.
IA ss follows:
DEPARTxENT OF THE INTERIOR,
I450--1903. Indian Territory Div
Washington, ID. G., Feb. "a, 1909
10 the Court Of Claims;
Sirs:-By section 81 or the Act ol
June 2s, 1895. 30 Stats. 4e5, 5o2. the
0ommlssion to the Five Civilized
Tribes was directed TO make rolls ol
cIkIzenship OF the several tribes, en-
folling among others "such intermar'
I'd white persons as may be entitled
citizenship under Cherokee laws.
the act OF May, 81, 1900, 81 Stats
236, said Commission was author
ID to continue the exercise Of au
'hority Heretofore conferred on IL b5
}aw with the direction as follows:
/" But it shall not receive. consider OF