Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-11-08
INDIANS WIN SUIT
Famous ''White Mans Case" De.
cided in Favor Of Cherokees
by Supreme Court.
IT HAS BEEN LONG PENDING
Claims Of Between 1000 and 5000
White Persons Involved in De-
cisiOn - VIII Try TO Gust rs
Freedman. 1J

Washington, Nov. 6.-The supreme
court Of the United States Monday
affirmed the decision Of the court OF
claims In the case of Daniel Red BIRD,
the Cherokee Nation and others versus
the United States, known as The
White Mans Case" The cases In
volved the long pending claims Of
between 1000 and 5000 white persons
to participate in the distribution OF
the lands and the funds Of the Chero-
kee. There are over 100000 acres
Of land and the tribal funds are ex-
tensive. The decision was favorable
to the Indians.
In the course Of his opinion,
the chief justice said: "The privi-
lege of paying $500 into the
Cherokee treasury and becoming
thereby entitled to all the rights OF
other Cherokees,' existed only from
November /, 1875, to November %,
1877. Assuming that the national
council had authority under the
Cherokee constitution Of 1889 and the
amendments Of 1866 to confer on
white inter-married citizens the priv.
lege Of purchasing right in the SOIL
and funds of the nation that PRIV
lege was withdrawn in two years and
according to the facts found, was only
availed Of by two persons, neither q
whom was an individual party to this
suit. No right In the nations prop
erty flowed from the Cherokee citF
zenship act which merely subjecteH
the white man to the Jurisdiction OF
the nation, but that right resulted
from express grant and the payment
of a price.
AS to the Freedmen, their partici'
patton in property distribution was
secured by the terms of the treaty OF
1926, (the result of the Civil war;
and of the constitutional amendments
thereupon adopted"
Further along the chief justice
said: Many special Cherokee laws
demonstrate that the council did not
venture to assume, nor desire to as
sumo the power to impart to the
white adopted citizen other civil and
political rights. The acts relating to
intermarriage with whites contained
many restrictions, but by the act in
respect of the inter-marriage of Cher
okees with other Indians no such re-
strictions were imposed. The inter
married whites show no grant OF
equal rights as members OF the Cher
okee nation by treaty or otherwise,
nor have been excepting the two
individuals heretofore referred TOT,
paid any sum into the nations treas
ury for a pro rata share Of its money
and lands. The Delawares, the Shaw
1ees and the Freedmen acquired their
property rights by the express word
If treaties, but the intermarried
whites can not point out any such In
their favor. Doubtless because Of
his they have, heretofore asserted mo
claim. although the Cherokee courts
we're open to them to do so, and have
allowed repeated payments Of money
to be made to every other citizen
without question"
Tulsa, l. T., Nov. 6.-Suit will be
filed at once in the United States
court to deprive the Freedmen in the
Cherokee nation OF their right to al
lotments. Announcement was made
Monday night by local representatives
of the attorneys in the intermarried
white case of the Cherokees, which
was decided adversely to the whites
by the United States supreme court
Monday. The suit will affect thous-
ands Of negroes in the Cherokee ma,
ton also many whites who have pur-
chased Freedmen's land.
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