The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1905-06-01
- - No rlanRE


In tie eagly HISTORY oi English Jurisprudence Judges
personal knowledge or the facts Involved IN the b.
fore him vas deemed to be an extra publication and
guarantee of 5 corrcct Judgment TIE witnesses were
the Jurors Ia these modern times however the prc
ties has been exactly reversed T1e luror must know
nothing II the case befan he enters the box, else
swear that he will fathiy fekn an absolute guoFancs
and the iess knowledge o. tie the Judge nay have
before he takes his saat tho better The eanoes Cor
rect finding.
Thc efcct % this uovatlou gpon the anslent pue
tlce We venture 70 say nevhere finely illustrated
than IN TIE decision Of the White Man Case by the
Court Of Claims The aagaage q tbs oplaisu which has
just been handed down, ssry much ke thar q man
who talking about matter IN reference 10 which Ne
is materially lacking Ia andentandlng
our object hers Is nut % ertlclse The opnipn q ihe
honorable court bat simply 10 penetrate TIE tog that
snyelors L. and huil oat is meaning. II Il has anf
Judge Charles Noit gives TIE opinion % the court
To sets out b. yery unnsg accusing the Constitution
and avs q the Cherokee Nation 81 contemplating tss
Glasses of citasns nFri. toss who ara ChefoRess hy
blood seeona those WHO are Cherokes bg iuterarraee
and the paynsnt of sseo tfi those uho are eitsens
by uteFmarriage alone Il is tie fate o. tie second and
third GLASSES under the decision that here and naw euss
our concern.
The noneged value q ohefokee citizenship a thing
thai heard of in ths country prior the act
of November = ss- which essa price upon it az so.
bat the court apparently round theory declares
that on tai date he National Council smplg cnaetea
what vas already Tie as bY Implication 'rrae con.
troiiag prnclple the court says 'las been that thc
rights and privileges acquired b. marriage and residence
we're potlsal rights AMI privileges Witch did nat extend
70 right q soil interest n TIE vested funds II tie na.
ton Tbe right = estate interest Ia the commun.
a propertgglas always lad 70 be paid siih price
Hheuee aud hos did Judge Nott ever get such a.
idea Il nai soiey 5nt Of bis own theorllug BRAIN lie
speaks though q solid matter o fact bot uo
fact IS 20 such condition ever existed lie sights the sa
Or tie Cheroksss sth tho peasaFes as probatse mat
Ter point Rat ta deal lad no reference 70 The am.
icabe naturalization q individual citizens uas var
measure for TIE q use Judges language slneofpo.
ration q the Deawaros eith The Chefogs5 A. citizens
and communal owners enforced IS the United states a.
condition 70 the continued existence of tho Cherokee
Nation But il aas not our intention 70 er.telse
The rick then. planted here By tae court Is this ali
white persons she intermaffisd rIth CheFokess salse
qusni November p lsll acquired nothing ban pati
cal Fights and could not acquire anything more Ard al
tbozs whistle persons who ntsrmauisd eith Chefasee.
prior that date aeQulfed political rights certainly and
possibly 81 interest IA ths ands and funds Of tha uatou
il they have paid price As the court words ~ io
their citizenship, they arc entitled 10 ~ interest Ia n,
lands and funds of the nation II not they are Ia precisely
the ssrie preilcansnt Is tose who lntemaued sutse
qusut 70 that dats.
i A the Gloss Of tie opinion the end" finding is Dc
lusee I'm this public domain. SAYS tha court al
Cherokees by blood aud whites by lntermarriago Nh,
became citizens prior ta the ohsfokes act November p
lsT1 equally Interested and hap equal PER capll
rights IL the alotments of lands
But the coaft have seen. has already found ira
lnternarraes alone prior November = sll eniefre
mo interest lands aud funds Ia order therefore, q se
here the meaning q The court, vii be necessary
road this andng as follows "And whites bg intsFmas
rase, esd az fsy~ss y rss are equally interested
etc
As result Of ts decision, since tlere = perhaps
ntefmaFrisd whife person living who ever paid thl
prlee of citizenship Il follows that o. that eas
citizens can he allowed e Share n the allotment
chssokss ianas ~ e date oi IA marriage euta ii
urs = tAs caze.