The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1905-08-03
NO COMPROMISE
WHITE MAN CASE
Opinion Of Attorney General In
lntermarried Citizen Case.
JuIg b. lM5

MT William n Iiutchlngs. concern
ing the matter Of the right Of person.
lntefmarried Will Cherokee citizen.
to share ia the property Of the ma
tion aud stating that there "a a gen
eral cOncensuSof opinion Ia the Cher0
kee Nation among citizens by blood.
as well as among those claiming citi-
genshlp by iutermarrlage that the
best thing 60 do al This time Is "a
compromise the ease.
This department referred the ques-
tion as 60 rights of those claiming
citizenship Ia the Cherokee Nation
by intermarrlage. % the Court Of
Claims, and the congress hY pFoyis.
lon In Che act Of March 3, 1868 l8
stat, io59, 1911 authorized and om.
powered the court % render fnal
judgment IN said case and gave 10
eltlier party right Of appeal q the
supreme Court The Court 81 Claims
rendered Judgment 10 said ease May
l3 1905, and ii IS said both parties
the claimants and the Cherokee Na.
ton have appealed thefelrom
Mr Hatchins says that while The
details have not been worked out. Il
has beer proposed that the adopted
whites shall pay into the treasury of
The Cherokee Nation the appraised
value of thelr allotmeuts and relin-
Qulsl af claims 10 psa rata distrl-
button 81 the funds and monefs OF the
nation lie further SAYS L Is pro-
posed that a special session Of the
National council he called @ pass a
Law authorizing representatives of
the naticu @ b appolatod q aceept
this or some similar compromise, but
that t would he useless 60 proceed
further b The matter unless the eail
Ing Of the council would meet Your
approval
L is net believed that ihS depart.
mcnt cou'd urge ans valid objection
to q settlement 0f This yexed question
upon the Ines suggested TIE mat
Ger hasboweter beeuaaken aut of Your
hands and committed g the courts.
Aoa have DO authority q approve or
disapproe ans pian 81 setrleHent
If che malfef De g presented as 10
satisfy son thar tba officials and fep.
resenlatiee men of the Cherokee IA,
tion deen lf advisable e. convene
special session q EHs council fof TIE
purpose 81 appointing q eommilte 20
ncEofata settlement agthls coatro.
fersf sos might very property assure
them Thar ucha course would meot
eith 30 objection from IS
Asfhe matter LeN slaHds. there 81
no sanlelHt o. dIraet assurance that
such action IS desired by tbe nation
nor tfat 81 PARTIES Interested ln tfs
PROCEEDINGS as claimants VIII ac4ai.
esce q settlement an9n tie line,
suggested
Tie lnuri q Claims in TIE opinion
q Aey 5. l9a1 held tlat tas whites
who lniefmafflsa pflor e the Cicero
kee set b November 81 ls11. are su-
titled to sHars d, the allotaem 81 tie
Cherokee and bul thar these eho
iniefnarfied after that date afe
not = entitled TIE nation las ap
pealed as e ne last proposition and
claimants bg nferHaFraee after Ehe
date mentioned haze appealed fl8m
tie second There S nothing here %
show tho approximate number 81 I
claimants 81 either sIass. lt appears I
char Nr flutchngs represents claim. /
ants q the second class bot whether
al af even 5 considerable portion 4
thereof s not iudlaated There i
nothing g Indicate tlaf the claim.
ants d the hrsf cilss would hecome
parties - an arrangement which I
would require them 70 pag for rights I
which The Count of claims ~ they
hayeslthout ans sueh payment A.
tie matter Is hos presented there Is
nothing = call ior an expression ~
opinion rs sou
II any plan Of adjustment shall lie
agreed upon u Noula necessarily have
81 be submitted 20 tie courts A dis
mlssal 81 tie respective appeals to the
Supreme Court would leave the iude.
ment q tie Court Of Claims ia effect
Whether that court would have ~.
lhorltY OF would be willing 70 set
aside the Judgment heretofore rem.
dared and substitute one based upon
some plan of adjustment and CON.
promise, voald bc Ter that court to
detefmine Whether tie Supreme
Conrt would consider a eompFom lss
aefeemeuf and bese 3 Judgment there.
oIa would Ise fef thai court to decide.
II ne event could this department
render effective any scheme Of COM
promise aud adjustment.
The paneF sabml1Ied IS herewith