The New York herald., 1921-04-10
.CHEROKEES CLAIM
100000 ACRES
! Old Patent Filed in Supreme
Court-Two Cities Covered
by Petition.
BOUNDARY is INVOLVED
Claim Admitted as Interven-
tion in Oil Lands
Case.

WASHINGTON, April 9.-Claim to A.
100000 acres of land in Texas and Ok
1ahoma. including the cities of Tulsa and
Oklahoma City and practically the entire
Burkburnett oil field, was filed in the
Supreme Court to-day in behalf of the
Cherokee Indian Nation. supported by
a Government patent issued by Presi-
dent Van Buren and certified as au-
thentic by the Interior Department.
The claim was in the form of petit
ton for permission to intervene in the
Red River oil lands case. an original
: suit between Texas and Oklahoma in
volving jurisdiction over the valuable
-oil fields situated along the common
boundary.
The motion was filed by John M. Tay-
Ter, grandnephew of Gen. Zachary
Taylor. as attorney for the Cherokee
!. Nation. He said the patent was dis
covered accidentally among the papers
of a deceased chief of the tribe.
Bearing the date of December 81,
1888, the patent gave to the Cherokee
nation forever" a tract about 500 miles
in length through the Panhandle section,
comprising in all 14,374,135.14 acres.
Only the possibility that the statute of
limitationss will nullify the claim pre-
vents the Cherokee nation from having
a "watertight case" counsel said 1t
will be contended, 1t was added. that
this statute does not apply since the
Supreme Court has held that It cannot
be pressed against the Government itself.
and that the Indian tribe as wards of
the Government are possessed OF the
same rights.
MUsKoGEE April 9.--The filing of
claim in the United States Supreme
Court at Washington to-day by Attorney
John M. Taylor, on behalf Of the Chero-
kee Indian nation was done without au-
thority of the tribe, Levi Gritts, Of Musgo-
gee announced to-day. Gritts's appoint
ment as chief OF the tribe is now pend
ing at Washington.
OKLAHOMA CITY. April 9.-Doubt that
the Cherokee Indian nation can lay
claim to more than 14,000.000 acres
Of land in Oklahoma and Texas, as was
done In petition filed In the United
States Supreme Court to-day. because
Il has no official or legal status as a
:. nation. was expressed to-day by 5. +.
Freeing, Attorney-General OF Okla
homa. He said. however. it might be
possible for individual descendants OF
members of the nation to support the
petition.
The land in question has been pat
ented by the Government since the Van
Buren patent, according to Mr.. Freeling.
He declined, however, to interpret the
law to show whether the Cherokee pat
ent does or does not rank the later issue.
"The people of Oklahoma City and
|. Tulsa need not worry about the property
they own" declared the Attorney-Gen-
eral. 1.-THE Supreme Court has been adj
mitting petitions by any one praying
intervention in the Red River case. ANY
man who thought he had a little land
eli 20 Go
River case would not be affected. taking
: 1t for granted the suit by the Cherokee
: nation Is valid
THE litigation between Oklahoma and
Texas is mere one of boundaries. No
effort IS being made to establish owner
. ship OF the property. The suit does not
refer to title"
Mr.. F'reeling said he had received in
formation that the Supreme Court would
hand down a decision next Monday on
the Red River case.
TULSA. April 9.v-The filing Of suit in
the Supreme Court in behalf OF the
Cherokee Nation to recover I4.000.000
acres of land was characterized as pre-
posterous to-day by w. Tate Brady,
general chairman OF the executive COM
mittee of the Cherokee Nation.
THE leaders OF the Cherokees know
nothing of such a claim" said Brady.
'The land granted to the Cherokees
under the Van Buren patent lies to the
,east and north of the City of Tulsa, the
southern boundary cutting through part
OF the present city. They never had any
claim whatever to the Red River lands
or to territory in tho Burls Burnett dis
trict. But. whatever the fact. Taylor Is
not authorized to act on behalf of the
Cherokee Nation"