The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-07-09
AN IMPORTANT
CONTEST DECIDED
C. Starr Wins Decision For
Dora Horn Over Ruling Of
Dawes Commission.

The Commissioner Of Indian Affairs
has rendeaed am important decision
affecting land contests in the Chero-
kee Nation, in the contest case, No.
h. Of Dora NJ Horn vs.. Joe Queen on
appeal from a decision Of the commits
sion to tile five civilized tribes
The facts in the case are: Joseph
Queen, who lives near Big Cabin, !. IT,,
He'd on his home place and wanted
y,5me cheap timber land for his frac-
lions, and 50 he selected forty acres in
.the timber which lays south OF the
widow Horn place; clear case Of
Jumping the land on Queens part
The land comprising the forty acres
IN question is bounded on the south by
johnson Landrnm's place, on the west
by r. L. Madison, and on the north
by the home place Of the mother Of
Dora NJ. Horn, with whom Dora lives
In September, 1902, Ed Cawood en-
tered this forty acres of land and run
string Of posts onwhich he intended
to string a wire fence across said land
On the south side thereoffor a distance
pf two hundred yards These posts con-
stitute the only Improvements on the
land.
Ed Cawood, being indebted to Dora
Horn, transferred to her in Septem-
Der 1902, all Of his interest nsaid land
and improvements, and gave her per
mission to file on same. said Transfer
bud permission being embodied in q
bill Of sale dated March !, 1908.
After her purchase Of the posts,
Dora NJ Horn never occupied the land
/. in person or by tenant, nor did she do
anythlng to reduce said land to her
passession, but stated that at the time
Sic purchased the posts. In September,
1902. She was living With her mother
n.on farm adjoing theland, and selected
this land in good faith as her aiiot-
nleni Joe Queen. whose allotments
sre two and a bali miles distgnt from
this land, admitted that he knew Do
Ia NJ. Horn owned The posts on the
land. but contended that this was not
sufficient improvements 70 hold the
land
The Dawes commission decided that
'4he mere placing Of these posts on
said land was not sufficient 20 segregate
the tract from the public dQmain,and
their presence on said land was not
fair indication that it was soccuped or
ilr possession OF any one" From this
decision J. C. Starr, attornerney for
contestent, appealed to the depart
ment.
The Commissioner of Indian Affairs
ia deciding the case on appeal. after
stating that he could not concur IN
the opinion Of the commission, said:
II am OF the opinion that the plac-
ing Of posts eighteen feet apart for
POO Yards on the south side OF the land |
in controversy was fair indication |
OF possession, and sufficient TO put con-
testee. Joe Queen, upon inquiry as 20
whom said Improvements then be-
llonged The contestant. Dora NJ.
Horn. being the owner OF said i'm
pr0yements. with the preferential
right to select lands SO as TO include
bier improvements, should be awarded /
the lands IN controversy as @ portion /
NJ her allotment selection
The decision of the commission OF |
september s. 1908, awarding SAID
lands Ia controversy 10 the contes-
tee, Joseph Queen, is reversed, and |
Ii is ordered THAT the u WI of the e
of section 81 t2ln + % east Indian
meridian containing forty acres and /
being the land in controversy in Cher
ozee contest case No. IA, be awarded 4
tO Dora NJ. Horn, the contestant here
III as a portion of her allotment selec,
Zion. The records OF the Cherokee
land Office should be made to conform
M all respects hereto"
Very Respectfully,
A. c. ToNNER,
-. A. /