The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-07-14
AN IMPORTANT
CONTEST DECIDED
]. C. Starr Wins Decision For
Dora Horn Over Ruling of
Dawes Commission.

The Commissioner OF Indian Affairs
has rendered an important decision
affecting land contests In the Chero-
kee Nation, In the contest case, No.
IA, Of Dora NJ Horn vs. Joe Queen on
appeal from decision OF the commits
sion to the five ciYil'Le tribes.
The facts In the case are: Joseph
Queen, who lives near Big Cabin, l. T.,
filed on his home place and wanted
some cheap timber land for his frac-
tions and 80 he selected forty acres In
the timber which lays south Of the
widow Horn place; a clear case OF
jumping the land on Queens part.
The land comprising the forty acres
in question is bounded on the south by
Johnson Landrum's place, on the west
by Il. 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
a string OF posts ON which he intended
10 string a wire fence across said land
on the souths side thereoffor distance
of 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 In said land
and Improvements, ard gave her per-
mission TO file on same, said transfer
and permission being embodied In a
bill OF sale dated March l, 1903.
After her purchase OF the posts,
Dora NJ. Horn never occupied the land
In person or by tenant, nor did she do
anything TO reduce said land TO her
possession, but stated that at the time
she purchased the posts, In September,
1902, she was living with her mother
on farm adIoing the land, and selected
this land In good faith as her allot-
ment. Joe Queen, whose allotments
are two and half miles distant from
this land, admitted that he knew Do
"a NJ. Horn owned the pests on the
land, but contended that this was not
sufficient Improvements 70 hold the
land.
The Dawes commission decided that
"the mere placing Of these posts on
said land was not sufficient TO segregate
the tract from the public domain, and
their presence on said land was not a
fair indication that IL was asoccupied or
In possession OF any one.n From this
decision J. c. Starr, attornerney for
contestent, appealed TO the depart
ment.
The Commissioner OF Indian Affalrs
In deciding the case on appeal, after
stating that he could not concur In
the opinion OF the commission, said:
u am OF the opinion that the plac-
ing Of posts eighteen feet apart for
300 yards on the south side Of the land
In controversy was a fair indication
OF possession, and sufficient top put con-
testee, Joe Queen, upon inquiry as to
whom said improvements then be
longed. The contestant, Dora NJ.
Horn, being the owner OF said I'M
proyements. with the preferential
right 10 select lands 50 as TO include
her improvements, should be awarded
the lands in controversy - portion
OF her allotment selection.
"The decision OF the commission OF
September s, 1908, awarding said
lands In controversy TO the contes-
tee, Joseph Queen, Is reversed, and
IL Is ordered that the vt Of the : e
Of lection q "A n % east Indian
meridian containing forty acres and
being the land In controversy In Cher
oRee contest case No. n, be awarded
to Dora NJ. Horn, the contestant here-
In as a portion of her allotment selec.
tion. The records OF the Cherokee
land offlce should be made 20 conform
In all respects hereto"
A. G. ToSaKR,
Acting Commissioner,