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Show 108 FtEPOET OF THE COMMISSIONEB OP INDIAN AFBAIFS. to the Supreme Court of the United States. On May 15, 1905 (40 Ct. of Cls., 411), the court rendered the following decision: That sueh white persons residing in the Cherokee Nation as became Cherokee citizens under Cherokee laws by intermarriage with Cherokees by blood prior to the 1st day of November, 1875, are equally interested in and have equal per capita rights with Cherokee Indians by blood in the lands constituting the public domain of the Cherokee Nation, and are entitled to.he enrolled for that purpose, hut such intermarried whites acquired no rights and have no interest or share in any funds belonging to the Cherokee Nation except where such funds were derived by lease, sale, or otherwise from the lands of the Cherokee Nation conveyed to it by the United States by the patent of December, 1838; that the rights and privileges of those white citizens who intermarried with Cherokee citleens subsequent to the 1st day of November, 1875, do not extend to the right of soil or interest in any of the vested 'funds of the Cherokee Nation, and such lntermarrfed persona are not entitled to share in the allot-ment of the lands or in the distribution of any of the funds belonging to said nation, and are not entitled to be enrolled for sueh purpose; that those white persons who intermarried with Delaware or Shawnee citi~enso f the Cherokee Nation either prior or subsequent to November 1, 1875, and those who inter-married with Cherokees by blood and subsequently being left a widow or wid-ower by the death of the Cherokee wife or husband, intermarried with per-sons not of Cherokee blood, and those white men who having married Cherokee Women and subsequently abandoned their Cherokee wkes have no part or share in the Cherokee property, and are not entitled to participate in the allot-ment of the lands or in the distribution of the funds of the Cherokee Nation or people, and are not entitled to he enrolled for such purpose. On appeal, the Supreme Court of the United States on November 5, 1906, afErmed the decision of the Court of Claims. Afterward bills were introduced in the House and Senate providing for the enroll-ment of such white persons as prior to December 16,1895, were inter-married with Cherokees, Shawnees. or Delawares by blood, in ac-. cordance with the laws of the Cherokee Nation, and declaring that they should have the same status as other citizens of the tribe, but should first pay into the Treasury of the United States for the benefit of the Cherokee Nation $325 each, and should avail themselves of the privilege of enrollment within six months from the approval of the act. On January 4 the Office reported on Senate bill S. 6122, one of those referred to, and 'opposed the proposed legislation because it was doubtful whether there was enough Cherokee land to give an allot-ment to each person entitled to enrollment eiclusive of the intermar-ried whites. Believing that they were entitled to intermarried citizenship and that they had a right to share in the distribution of the Cherokee estate, many intermarried whites had made improvements on Chero-kee lands in good faith, and the question arose as to whether they should be protected in the value of their improvements. The subject was bbrught to my attention by the President, and I expressed the opinion that intermarried whites not entitled to enrollment, who had |
