The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-05-22
DECISION OF COURT
IN TOO LATE CASE

IU IUU LUtI UuVI
Supreme Court of the United States
No. S96.-October Term, 1911
Levi B. Gritts al, Appellants,
Walter L. Fisher, Secretary of the In
terror, and Franklin Mac veagh,
Secretary fthe Treasury.
Appeal from the Court of Appeals.
zR<f the District of Columbia.
(May 13, 1929
Mr.. Justice Van Devanter delivered
the opinion of the Court.
The question presented for decision
in this case is, whether children born
tn enrolled members fthe Cherokee
tribe of Irdians after September J.,
1902, and living on March 4. 1906, are
entitled to enrolment as members Of
the tribe an dto participate nthe al
IOIIuCHI dDu VI Abo iohNo
, and funds now being made under the
J alegislatino of Congress The Secretary
} fthe Interior an dthe Secretary of
i the Treasury, who are respectively
q charged with important duties in that
!. connection, have taken the position,
0 an dare proceeding upon the theory,
that under the acts of April 26, 1906
and June 81, 1906, infra, the right of
the controversy is with the children; !;
an dthe purpos eof this suit is to test
j the accuracy of that position, and if
q 1t be held untenable, to enjoin these Of
ficers from giving effect to it, The suit
" was begun in the Supreme Court of the
District of Columbia in 1911, and the
plaintiffs are three Indian members
10 fthe tribe, duly enrolled as such as
n. of September l. 1902, under the act
or of July /, 1902 infra. who sue on be-
ne half of themselves and all others SINH
b. larly situated A demurrer to the bill
st WAS sustained an da decree of dismis-
sal entered, which was affirmed by the
Court of Appeals.--App. D. c.; 80
- Wash Law Rep. 754. An appeal
=, brought the case here.
beA During the last twenty years Con-
IL gress ha senacted series of laws
looking to the allotment and distribu-
IN ton 0 fthe lands and funds of the FIVE
Civilized Tribes. of which the Chero-
kee Tribe some. among their respect
an. i've members, an dto the dissolution of
mt the tribal governments. An extended
to statement fthese laws, so far as they
ry, eoncer nthe Cherokees, as also of the
title by which their lands and funds
. have been held and of the relations OF
the tribe and its members to the Unit
an. ed States, will be found in Stephens v.
for Cherokee Nation ia U S. 445; Chero-
rifikee Nation V. Hitchcock, 1877 U. S. 294;
usl4sherokee Intermarriage Cases, 203 U.
N;76; Lowe V. Fisher, 229 u S. 95, and
Hickman Y. United States.-U. s..
any Anterior to this legislation the lands
dl-lnd funds belonging to the tribe as a
Tie Eommunity, and not to the members
Eeverally or as tenants in common.
She right of each individual to parti-
siipate in tn eenjoyment Of such prop
an'iTty depends upon tribal membership,
o'and whe nthat was terminated by
the death or otherwise the right was at an
ais md. 1t was not alienable or descendible
ttc And when children were born into the
tribe they became thereby members
and entitled to all the rights incident
% that relation. Under treaties with
- - United States the tribe maintained
1 government of its own, with legis-
iative an dother powers, but this was
proved inefficient and unsatisfactory
As nthe instance of other tribal In
-io 1ians, the member sof this tribe were
~ wards of the United States. which
vas fully empowered, whenever it
seemed wise to do so, to assume full
control over them and their affairs,
10 determine who were such members,
sat to allot and distribute the tribal lands
lird ana iunu saihons 'neil' anu 20 'eilni''
- ate the tribal government. This Con-
gress undertook to do. The undertake
ing was large one and difficulties