The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1903-04-16
YEARGAIN CASE.
Particulars OF This Interesting Case
rlade Public.

has reeonsidered the case OF Joseph
ID. Yeargain ct al, for enrolment
In the Cherokee Nation and has
reversed the decision OF the Five
Tribes Commission and ordered
the applicants enrolled. The case
is very important one: Joseph d.
and Scott A. Yeargain are brothers
their names appear upon the 1880
authenticated tribal roll Of the
Cherokees, and alec on all the sub.
sequent rolls Of the tribe; they
were educated in the Cherokee
schools, and In the year 1896 they
removed from the Cherokee Ma
lion to Southwest City, Mo, where
they engaged in the mercantile
business; they left their property,
farms, effects and household goods
10 the Cherokee Nation and resid
cd within a stone's.throw of the
Cherokee line in the state OF Mis-.
souri; they voted in all OF the cleo.
tiops in the Cherokee Nation
since they we're old enough TO
vote; never missed a single cleo
tion; 10 1897 Joseph d. Yeargain
was elected as a member of the
Cherokee Senate and served out
the term, living at the same time
In the state of Missouri; Scott A.
Yeargain was Cherokee census
taker and assisted in taking the
Cherokee roll OF 1896; both voted
in the state al Missouri in the
presidential elections OF 1896 and
1900. The Cherokees never denied
them citizenship because the Cher.
okee Constitution provides that to
forfeit ones citizenship three
things are necessary: first, to re
move from the Cherokee Nation;
second, with all Of ones effects,
and third, to become a citizen Of
another government. The Year
gains moved but left their effects,
and while they voted in Missouri
they continued to claim their resi-
dence in the Cherokee Nation aud
voted there, also; hence, their
votes in Miss uri we're illegal.
The Dawes Commission rel ecl.
ed them because Of the provision
of the Curtis bill, which provides
that no person shall be enrolled
who has not before the passage Of
the Curtis bill (on June 2S, 1899,
removed TO and in good faith set
tied in The Nation 10 which he
claims citizenship. This decision
was affirmed by the Secretary Of
the Interior, but was reeonsidered
aud referred to Attorney General
Vandevanter before the latter was
appointed as judge Of the Court Of
Appeals Of the Eighth Circuit.
Judge Vandevanter's decision re-.
versed the decision OF The Dawes
Commission and gave the Year
gains the right TO be enrolled as
citizens OF the Cherokee Nation.
The error fret made, according
to the Attorney Generals opinion,
was in constructing TOO literally
the provisions Of the Curtis act
which we're intended 20 cut of
from participation In the Cherokee
estate those Cherokees who had
tailed to take their residence un-
der the control OF the Cherokee
Government, and other persons
who bad abandoned the cou0try
and had met none Of the duties OF
good citizenship; where citizens
bad moved out with their effects
and heeome citizens Of the States
and disconnected themselves with
the Cherokee Nation, or having
been 70 admitlei had tailed 10 re
move to aud permanently settle
In the Cherokee Nation prior 10
the passage OF the Curtis act In
cases where they we're citizens and
leit The country with their tfec,e
the Cherokee Constitution and not
The Curtis act applies.