The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-06-02
true STATUS OF
IMPORTANT CASE
Lucid Statement Regarding In
termarried Citizens OF
Cherokee Nation.

One Of the most important questions
In the Cherokee nation at this time Is
the settlement 0f the rights Of the in
termarrled white citizens who are
lighting for their rights In the tribal
moneys and their part Of the land, as
Cherokees. William II. Hutchings, of
this city, who Is thoroughly familiar
with Cherokee affairs today gave the
following statement Of the status OF
the intermarried whites.
Prior TO the time that the Dawes
commission was sent here for the pur-
pose OF making rolls to allot the lands
Of the Cherokees, a United States
citizen might, by complying with the
laws Of tie Cherokee nation ia marry
ing citizen woman by blood Of that
nation, become citizen thereof. He
was required to take the oath Of allie
glance; he voted at all the elections,
sued and was sued In all TIE courts,
convicted Of crime nnder the Cherokee
law, and had property rights the same
as native born citizens. BY custom
the citizen by blood conferred the
same rights on female citizen Of the
United States when he married her,
without procuring license from the
Cherokee courts.
At the last several elections one Of
the issues between the two parties
was as TO whether or not such citizens
should have the right TO share in the
lands and distribution OF the moneys
Of the nation. In making all the rolls
under the Cherokee agreement, the
commission was authorized to enroll
all persons entitled TO enrolment who
were living On the lst day Of Septem-
bert 1862 and any other person who
has intermafried With a Cherokee citi-
zen since the 18th day Of September,
1895 shall not be entitled 10 enrci.-
ment, and to participate in thN dIstri-
button Of tie tribal property Of the
Cherokee nation.
Under the lnterpretion Of the law,
the Dawes commission was proceeding
TO enroll citizens intermarried prior 10
that time, it being their duty under
the condition 10 enroll all such as had
been on the Cherokee roll OF 1850. Al
the protest OF the Keet00wah Society,
however, the secretary referred the
question TO the court Of claims as 70
whether they should have any land or
money. That case IS now pending be-
fore the court Of claims, aud owine 10
the death Of one Of the assistants OF
the Attorney General. may not be
heard until fail.
When what IS known as the strip
payment and grass payments we're
made. wherein some seven million dol /
lars were distributed per capita, the /
Cherokees contended that none ex-
cept Cherokees b. blood. should par.
ticipate in these payments. Congress
by an act Of October /. ls9o. gave the
Shawnees, Delawafes and Freedmen
the right 70 come into the court Of
claims and sue f0r their rights IN such
payments, where they established the
same. The court of claims AZ that
time undoubtedly recognized the
rights 81 tie intermafried whites but
IS they we're not parties to the suit,
30 Judgment was rendered IN their
favor.
The last Indian appropriation bin. /
however. has amended that act, aud
tie question Of the court Of
claims and rights Of the intermarried
'itlzen IN such payments to that court.
This last case has not yet been iu.
,titnted, but it vii be IN few weeks
md Il viii probably come up about
he same time that the first case comes 4
ip Muskogee Tines