Show MEN GET NO INDIAN LAND Famous Case of the Cherokee Nation Finally Decided in inthe inthe inthe the Highest Court ENDS LONG PENDING jG CLAIM THOUSANDS OF NEGROES WILL WILLBE WILLBE WILLBE BE AFFECTED I Washington Nov 5 The supreme court of the United States today af at affirmed firmed the decision of the court of claims in the case of Daniel the Cherokee nation and others vs the tho th United States known as The White Mans lIans Case Th The case involved the long pending daims of between 2000 and white persons participate to in the distribution tion ion t of the land and funds of Cherokee Indians because of the marriage of white men to members mem ers of the tribe The Th decision was favorable to the In Indians India Indians dia ns The Indians strenuously resisted the claim dalm contending that they had never by law recognized right of property on t account of intermarriage In passing on the cases decided the court of claims held that the tribal lands lan s are not communal lands but that whites hites who wh acquired citizenship by marriage prior prim to 1870 have equal interests as Indians In the cases of marriages into the tribe since ine that time t was held that no uc right of or property had been acquired I IS except by those who had paid into the S rommon common fund the sum um of The Thc court ourt of claims also held that white whit husbands of Cherokee women omen who W Wul lO nave abandoned their wives have for forfeited forfeIted all rights as Cherokee ther ltee citizens in including including duding that of ot participation in the sales of Cherokee lands decision affirmed that de decision decision Islon In all an respects The opinion of or the supreme court was handed down by Chief Thief Justice Fuller Opinion of the Court CourtIn In the course cours of oC his opinion the chief justice said The Tho privilege of paying into Int the Cherokee treasury and arid becoming thereby entitled to air al th rights jf if other ther CheroKees Chero ees existed only from November 1 1875 to November 28 25 1877 IS Assuming that the national council had I authority under the Cherokee constitution constitution of 1839 and the amendments amen ments of 1 68 to confer on whit 3 d I c the privileges of purchasing a si light in the soil and ana funds of the na nation nation tion lion that privilege was withdrawn in ino Iwo 10 o years and according to the facts found was only availed of by two pe peons eons ons neither of whom was an individual ual party palt to this suit No o right in inthe inthe inthe the nations property flowed from the citizenship act ad which ich merely subjected the white while man to the juris of the nation but that right re resulted suIted from express grant and the pay pa payment ment of a price As o 0 the and Shawnees their par pai was specifically provided d by b r conventions convent ions by the thc United States and an de depended depended depended upon payments made As to the freedmen rt edmen their participation in prop property property erty distribution was secured 5 cur d by the thet t of the treaty of fir 1876 the result if lf f the tho th civil war var and of th the constitutional con tItu onal t amendments thereon adopted 1 l pt Many Restrictions Further along the th chief hier justice ju tIe saiL said Many lany special Cherokee Cheroke laws demon domon d mon strata that th t the council did not venture to assume nor desire to assume the power to impart to the white adopted t citizen other civil and political rights ii The acts relating to intermarriage with whites contained many man restrictions but by b the act in respect of the tinge ilage of Cherokees with other Indians no such sueh restrictions were wore Imposed The Tho Th intermarried whites show no grant of if I Iqual rights as members of the Chero Cher Cherokee kee kep nation by treaty or wise nor have they the excepting ex epting the two individuals in heretofore d to paid any an fuin um into the tho nations nation treasury for 3 a Tron ta share of its mo moey ey and lands The Tho the Shawnees and the th freedmen acquired acquire their property rights lights In hy l the tho express word of treaty treat but the tho intermarried whites whit s cannot point out tiny any ny such In their favor faAoi Doubtless be because because cause of this they the have hav heretofore as asserted asserted f no claim all an the Cherokee Cherole courts court wore were open to them to do so 0 and have ImAe allowed al repeated r I s of money mone to be made to every ever other citizen with without without without out question The Tho opinion hold held that thE tho act at of eon con on gress of 1902 upon which the white men based much reliance slid did not aid them in the least Of this the chief f justice said Not a single word of the act at inti intimates intimates mates mat s that these persons v any interest in the property of 01 the tho nation naU n and und to hold that because the tho thoe e of oC 1902 declares that white persons p intermarrying after 1895 should acquire no property rights the Indians In I accepting the treaty conceded prop Ity f rights to all who intermarried prior thereto would put a construction on in the th act utterly utter inconsistent with the th settled tule rule as between the whites and the Indians the laws are to be con construed construed trued most favorably to the latter la The Tho Th doctrine that the denial of a right is the grant of a right ri ht is a poor basis for a grant of land |