The Cherokee Observer 2rkg2rkg2rkg 2hUje2hUje2hUje "The Only Independent Cherokee Newspaper" Vol. 15 No. 1 - January 2007 Copyright © 1992-2007 Worldwide Rights Reserved $.75 per Copy Serving the Cherokee People Since 1992 ANNIVERSARY ISSUE CONSTITUTIONAL CRISIS

Ed. Note: This article shows how Chief Smith's Slate FEDERAL JUDGE SETS HEARING DATE council representatives have failed the Cherokee people. Speaker Frailey Attacks Reporter FOR PRELIMINARY INJUNCTION RE- and Citizens’ Rights QUEST TO HALT MARCH 3 2007 SCHED- Slate Decides No Increase In Punishment Tahlequah, Cherokee Nation – request. The meeting was ULED CHEROKEE NATION ELECTION SET On Serious Crimes According to witnesses, a new specifically called by a majority UP BY TRIBAL LEADERS TO KICK OUT low was reached this month in of non-slate Councilors, to BLACK INDIAN TRIBAL MEMBERS The Cherokee Council failed by one vote to override, (9-6), Chief the struggle for the Cherokee discuss removing a question Chad Smith’s veto, of the Crimes Against Public Justice Act of 2006, people’s civil rights when placed on the General Election recently appointed Speaker of ballot by the Council On February 9, 2007, Federal reparations from the tribe or the during the Full Council meeting in May, which would have increased the Council and Chair of a concerning freedmen Judge Henry Kennedy set a hear- federal government. the possible penalties a judge could order as punishment on crimes special Rules Committee citizenship. ing date such as bribery, forgery, perjury, fraud, embezzlement and stealing to meeting, Meredith Swimmer pertaining to a preliminary injunc- The special election places a pro- political banishment whereby anyone found guilty or an accessory to Frailey, Mayes County, ordered At Large Councilor Taylor tion request by Cherokee freedmen posed constitutional amendment such crimes could not hold public office or be employed by the a reporter to stop filming the Keen, said, “Because a Special tribal members to halt the special before Cherokee voters which tribe. Ten votes are required for an over ride. proceedings at a public meeting Election is now officially Cherokee nation election. The would remove tribal membership and then after that same scheduled and a similar hearing is set for Wednesday Feb- from those whose membership is meeting allegedly accosted question will be voted on only ruary 21, 2007 at the US District derived solely from a ‘freedmen Linda O’Leary, of Delaware County, brought forth the Act which was another reporter. two days before the General Court, District of Columbia in tribal member who was enrolled by approved by the Full Council in April as good legislation. However Election begins, the Council’s Washington DC. The hearings will the Dawes Commission approxi- few vetoed Acts have been over ridden this term even though they During the meeting Frailey, question that was proposed begin at 3pm in Courtroom 27A. mately 100 years ago on a “Chero- may have been unanimously supported by Council as good legislation who is an attorney, sent an before any of this happened Attorneys for the freedmen tribal kee freedmen” section of the Dawes initially. order through Gail Miller, an now becomes redundant and is members will present oral argu- rolls. Although tribal leaders state employee of the Council, moot.” notifying Jenni Monet to cease ments as well as attorneys repre- that the amendment if passed will According to Principal Chief Smith, the act as written was too narrow Keen proposed removing the senting the Cherokee nation and give the tribe an “all Indian tribe” video taping the public meeting. in its overall goal. In addition, the act was open to vague interpretation Monet quietly complied. Council question as a matter of Principal Chief Chadwicke Smith. and state to the voters that no “In- of who was included in the definition of “department head.” Monet, an independent proper legislative house The tribe and the Principal Chief dians’ will be dis-enrolled, the pro- Within were added as defendants to the posed amendment does not remove Smith’s veto he questioned “Is stealing a crime in the lawsuit Vann et Al Versus citizenship from descendants of Cherokee Nation?” Kempthone ( filed to stop the US adopted whites – who were identi- Department of Interior from ap- fied as such and listed without proving a tribal constitutional blood quantums by the Dawes The nine Councilor members voting to raise the punishment amendment removing Federal Commission and placed on the on serious crimes were: Joe Crittenden of Adair County, oversight of new constitutions and Cherokee by blood roll and Dela- Johnny Keener of Mayes County, David Thornton of constitutional amendments in ware rolls, including some whose Sequoyah County, Bill John Baker and Audrey Connors, which freedmen citizens were not ancestors purchased tribal mem- of Tahlequah, Linda O’Leary and Melvina Shotpouch of allowed participation) after filing berships. motions with the court to dismiss Delaware County and Chuck Hoskins of Craig County. the lawsuit. The Freedmen tribal The proposed amendments makes members are descendants of no provision to retain tribal mem- The six who voted not to increase punishment to discourage former slaves of Cherokee Indians bership of those freedmen tribal and prevent serious crimes were: Jackie Bob Martin of or free mixed African- Indians members who can establish proof Adair County, Meredith Swimmer Frailey of Mayes County, whose tribal membership rights of Indian ancestry thru records Phyllis Yargee of Sequoyah County, Cara Cowen of Rogers are guaranteed by an 1866 treaty prepared by the Dawes Commis- with the US and Cherokee nation sion such as census cards or testi- County, Bill Johnson and Buel Anglen of Tulsa County. governments. Judge Kennedy on monies. Neither will the proposed December 19th 2006 refused to dis- constitutional amendment remove Frailey an attorney, who serves as Chair on the Rules miss the Freedmen lawsuit and al- the citizenship rights of adopted Councilor Meredith Swimmer Frailey, Speaker of the Council, Committee where all new law must originate, stated she Chairs the meeting called by a majority of Councilors after she lowed the plaintiffs to add the Prin- Delawares or Shawnee Indians didn’t understand the Act and voted against it. Since refused to schedule it to discuss the freedmen question. cipal chief and the tribe as defen- who have treaty rights to citizen- dants to the lawsuit based on the ship or of adopted Creeks, Natchez becoming Councilor in 2003 to represent Cherokees in reporter, has been filming at cleaning. Keen explained that freedmen tribal members treaty Indians, or Catabas (or adopted Mayes County, District 6, Frailey has voted straight down tribal events in an effort to the Cherokee Nation Supreme compile a documentary about Court has ruled that a petition rights and the US government 13th whites ) who have no treaty rights the line with the Chief s political slate. the Freedmen. circulated by former Deputy constitutional amendment. to Cherokee citizenships Chief John Ketcher had Keener, who also represents District 6, has voted consistently to A majority of Councilors have sufficient signatures to place an The removal of the freedmen tribal Marilyn Vann, lead plaintiff in the create better law and more accountability in the tribe however the authority to call a special identical question on a special members prior to the June 2007 Vann et al case and a descendant Frailey has voted opposite on almost every important issue. ballot now scheduled for March general elections for tribal officials of Cherokee Indian Catherine 3rd and also ruled that Chief is publicly supported by the Prin- Fields who came to Oklahoma dur- Keener, an elder full blood, said “It is as if Meredith is representing Chad Smith was within his cipal Chief and some members of ing the trail of Tears during the rights to call the Special the tribal council. The proposed 1830s states that “ She is quite dis- an entirely different group of people from somewhere else. When Election. special election was made possible mayed that the Cherokee nation she votes it is like there are two different worlds of Cherokees by the Principal Chief using pow- leaders would advocate going the within our District. But I have lived here long enough to know “The Council proposing the ers under a tribal constitution not way of other nationswho have re- that just isn’t true,” he said. same question on the 2007 recognized by the US government moved citizenship of long time citi- general election is in which the freedmen tribal mem- zens against their will such as the Some of Frailey’s voting record is: unnecessary,” Keen said. “The bers had no participation in its de- Nazi Germans who removed citi- Cherokee people exercised their sign or enactment. zenship of German Jews in 1935 constitutional rights and 1 . Voted against creating an Attorney General position that circulated a petition. They were and South Africa which removed would serve as an independent prosecutor within the tribe to be The injunction request stated that citizenship of Black South Africans the proper body to bring forth elected instead of being appointed by a Chief, irreparable harm would be done to in 1970. The Cherokee freedmen Jenni Monet is a TV journalist such a question,” he added. compiling a documentary movie on the plaintiffs if the election was al- have only asked that their treaty 2. Voted against Cherokee people having the right to call a Indian freedmen. Councilor Joe Crittenden, lowed to take place while the tribe rights be upheld by the US govern- Adair County, said, “For the Grand Jury to investigate improprieties within the Cherokee meeting. Frailey refused to would not suffer irreparable harm ment and the tribe. The Cherokee Council to propose such a Nation government. schedule a meeting despite their if the election was delayed until the nation has never dis-erolled its citi- question revoking tribal end of the federal case. The injunc- zens historically, and tribal mem- membership of any Cherokee tion request also includes letters bers only lost citizenship when they 3. Voted against over riding the veto of an Act just after Give a Donation citizen could be construed as a from the US Department of Inte- abandoned the tribe as individuals. approving it as good legislation the month before, which would violation of the oath of office rior dealing with a similar case in Since the tribe has not designed the have amended the Initiative and Referendum Petition Act to Call Toll Free taken by Councilors, because which the Seminole nation dis-en- ballot to remove the citizenship provide better unconstitutional. they also have the exact rolled Seminole freedmen tribal rights of descendants of adopted 1-888-363-5540 responsibility to provide and members after the freedmen sued whites who were identified as such 4. Voted against a bill that would make it illegal for one protect the rights of freedmen the department of Interior to par- by the Dawes Commission and ticipate in a judgment fund listed on “by blood rolls” without candidate to pay for another candidate’s campaign out of contimued on page 2 awarded to the tribe. (Unlike the blood quantums, the movement to contributions (i.e. So a Chief can not fund a political slate of Cherokee nation & or its tribal cor- disenroll the freedmen can only be councilors to have control over the legislative branch). Cherokee Observer 0107 PRSRT STD porations, the Seminole nation does seen as a move to keep the freed- PO Box 487 U.S. Postage Paid not appear to have made payments men from voting in the June 2007 5. Voted for it to remain legal to use CNO tribal moneys for Blackwell, OK 74631-0487 Tahlequah, OK to now convicted felon lobbyist elections and not a movement to contributions in Cherokee Nation elections. 74464 Jack Abramoff during critical time create an “All Indian tribe”. Permit No. 311 periods involving freedmen issues 6. Voted against a Bill that would mandate that all money ). In that case, Federal funds were Press Release: 2/10/2007 paid to any lobby firm would first have to be approved by Council. cut off from the tribe during the For more information contact: time it operated under an illegal Marilyn Vann – 405-818-5360 7. Recently voted against moving the money back to the constitution in which tribal mem- www.freedmen5tribes.com bers with citizenship rights by Attorney John Velie 405-364-2525 Housing Authority. treaty were forcibly removed from or 405-821-5959 the tribe against their will. The [email protected] 8. She voted against increasing the dividend for tribal services Cherokee freedmen lawsuit does from CNE. not request judgment funds or continued on page 3 #h'wx3 2 January 2007 2rkg 2hUje Cherokee Observer continued from page 1 Speaker Frailey Attacks Reporter and Citizens’ Rights just as they do members by company known as Global Election Commission and began Cowen Watts, Bill Johnson and publicly televised live over the government for a redress of blood because both are Energy Group, (GEG). Seven collecting support of voters to Meredith Swimmer Frailey, all Internet. What gives you the grievances.” Cherokee citizens according to Councilors filed a federal propose a constitutional who have personally worked right to order me or anyone else our highest court.” securities fraud case naming amendment to remove against the freedmen, holding to stop taking pictures of Crittenden’s Uncle, Don freedmen from the tribe community meetings with Cherokee people specifically “Chief” Crittenden, was seated through the petition process, a Cherokee money and carrying after such a meeting is on the first Cherokee Council of power reserved by the people petitions to help remove the adjourned? Do you understand the Cherokee Nation of within the constitution. freedmen’s citizenship. the 1st amendment to the Oklahoma and was reelected to Ironically the verbiage was Constitution of America?” serve the Cherokee people for identical on the petition to what After much discussion 26 years. Since the recent Martin was proposing to comparing the similarity of Crittenden described Frailey as passing of Sam Ed Bush, Council. double jeopardy in the becoming so mad that she was Crittenden is the last living courtroom, where no American spitting fire when she said, “I person to have contributed such Martin’s amendment, which can be twice tried for the same have trouble believing any of a length of elected public service only took a majority of Council crime, with voting on the same that!” by his people. support, was approved, but the question in back to back Special Election, which requires elections, Jackie Bob Martin Crittenden responded, “Then Editor’s Note: two thirds in support, failed. made a motion to table all I’m amazed that you ever United States Constitution Councilors argued it was a discussion and was seconded by passed the Bar Exam.” Bill of Rights waste of Cherokee money to Cara Cowen. The slate voted spend what some estimate to be as a block and the motion to Crittenden alleged that Frailey First Amendment - Freedom of as much as $300,000 on a table won. The freedmen grabbed his arm and pushed speech, press, religion, Councilors listen as Taylor Keen explains that if the Council question re- Special Election only months citizenship question presently him sideways into the wall. He peaceable assembly and to mains on the general election ballot freedmen will be subjected to double said he bounced against the petition the government. jeopardy by presenting the same question in two different elections. Coun- before the General Election remains on the ballot in both where the question could be elections within months of each wall, quite shocked, but after cilors from left Chuck Hoskin, David Thornton, Johnny Keener, Joe Ratified 12/15/1791 Crittenden, Linda O'Leary. presented to voters without any other. regaining his balance remarked, “Meredith [Frailey] additional expense. Congress shall make no law Just prior to the vote Buel you are out of control.” Crittenden’s fellow councilor Smith as a co-conspirator in the respecting an establishment of Soon thereafter Councilors Anglen, Councilor for Tulsa and Jackie Bob Martin, also of scandal but the federal judge religion, or prohibiting the free realized that a new provision Washington Counties asked for Frailey then barked, “Let me Adair County, presented the dismissed the case saying that exercise thereof; or abridging within the 1999 Constitution the floor, “I wanted to state for out of here,” and plowed her proposed amendment to the Councilors lacked standing to the freedom of speech, or of the provided any Chief the shoulder and body directly into constitution just after the file the case to recoup the press; or the right of the people Judicial Appeals Tribunal, now Cherokee peoples’ money. authority to call a Special the Supreme Court, ruled Election should the Cherokee Cherokee freedmen had been After the ruling, Councilor Bill people circulate a referendum citizens since the Treaty of 1866 John Baker Co-Chair of petition. This minor change and are entitled to all rights and Executive and Finance, (E & F) empowered one person, a chief, privileges as citizens including served Hammons with all of the to circumvent the authority, voting in all Cherokee elections. supporting evidence for her which historically required the investigation and or prosecution extreme support of two thirds Within that Council meeting it as the AG. Councilor Linda of the legislative body to was discovered that Diane O’Leary, of Delaware County, approve. Hammons rather than the Chair of E & F and Advisory Council’s attorney Todd Board Member to CNI Board The court ruled Smith was Hembree had drafted the served that Board with the same within his right to call the amendment for Martin. Smith evidence. The judge ruled that Special Election but no one had just appointed Hammons to only the stockholders or the challenged if a Chief can set the serve as the Attorney General, corporate board who voted to date of the election. Smith (AG) within the Executive purchase the stock would have initially set the election in Branch and at the same time proper standing to bring the February but it became obvious appointed her to his personal case. However, Hammons as that it was impossible so he cabinet to serve as the General AG and tribal prosecutor would modified the date to two days Council to the Chief. Legal be the proper officer to before the candidate scholars say she can not serve investigate and prosecute any announcement period of the Chad Smith's wife Bobbie Gale and John Ketcher, front row center, attended the meeting concerning the as prosecutor for the tribe and criminal or civil charges on the 2007 Election. Cherokee freedmen question. defense attorney for the Chief, parties involved. The federal the record that I support taking Crittenden shoving him off peaceably to assemble, and to yet Smith contends there is no judge did not examine any of Smith contends he wants to get away peoples’ rights.” balance backward through the petition the Government for a conflict. the evidence to determine guilt the politics involving the freedmen resolved before the doorway into the lobby. redress of grievances. because the case was dismissed After the Special Council A recent controversy general election. Others say he on a technicality. Meeting was adjourned Ed Crittenden said “The force was The most basic component of exemplifies this situation where is doing everything possible to Crittenden, a reporter for the such that I almost fell. She freedom of expression is the Cherokee Nation Industries, Just prior to Martin proposing get the freedmen out of the Cherokee Observer, was taking became so disturbed that her right of freedom of speech (CNI) just wrote off nearly $6 his amendment and Special election process so they can’t pictures of the crowd as they lips were quivering and she was which is protected by the 1st million as a loss from a Election to the Council, Ketcher vote against him and his slate, filed out of the meeting room shaking all over. I would have Amendment to the United questionable investment in a filed his petition with the Don Garvin, Jackie Bob Martin, Buel Anglen, Cara into the lobby of the Council never expected such violence States Constitution. The right to House. A Cherokee Marshal and aggression from a Cherokee freedom of speech allows approached him and ordered Council member if I hadn’t individuals to express Subscribe that he cease taking pictures. experienced it first hand.” themselves without interference Change of Address or constraint by the NAME______to the Crittenden questioned the The same Marshal then government. The Supreme Cherokee officer “Why would you make approached Crittenden and told Court requires the government New ADDRESS______such an order since it would be him that he was ordered to to provide substantial considered by most, a violation escort Crittenden from the justification for the interference Observer of the first amendment of the building. Crittenden said, “I’m with the right of free speech CITY______STATE ______ZIP______US Constitution?” not going anywhere with you whenever it attempts to regulate Today! unless of course you want to the content of the speech. The Phone #: (____) _____ - ______The officer replied he “was told take me to jail and I will gladly Supreme Court has recognized or to do so by Frailey.” go. But you need to ask yourself that the government may Support a mailing if you really want to do this prohibit some speech that may Email: ______Crittenden, a 53-year-old life because you’re going to become cause a breach of the peace or of the Observer to long resident Cherokee, said he famous for violating my civil cause violence. The right to free calmly approached Frailey and rights.” speech includes other mediums Old ADDRESS______100 Cherokees asked her, “Under what of expression that that are not get- authority do you order the press The Marshal said, “I am just communicates a message. CITY______STATE ______ZIP______to refrain from photographing trying to do my job.” ting the truth! for and reporting the events of a Crittenden said, “So am I.” The right to freedom of the public meeting?” press guaranteed by the first Phone #: (____) _____ - ______$45.00 Donation. Frailey rapidly exited the amendment is very simular to email or snail mail Crittenden said, “This is building. The Marshal went the right of freedom of speech. Email: ______Send Check or America. I am a tribal member about his business leaving It allows an individual to 0107 Credit card. and an American reporting on Crittenden unharmed. express themselves through the events of a meeting that was publication and dissemination. Crittenden stated afterward, “I It is part of the constitutional The Cherokee Observer am ashamed that a Councilor protection of freedom of The Greatest Vitamin in the World was designed to nutritionally would act so belligerent and expression. It affords members support your entire body! We use only the highest grade Whole Food undignified. For a public of the media the same rights and 2rkg 2hUje privileges afforded to all The Only Independent Cherokee Newspaper Vitamins, Chelated Minerals, Probiotics, and Vegetable Enzymes, servant of the legislative all in one amazing vitamin! Your health is worth everything. Start citizens in general. P.O. Box 487 branch, that is also an attorney, treating it right, and give your body the nutrients needed to support to attack our basic Blackwell, OK 74631-0487 Judicial wars have been fought optimal health. Learn all the ways our vitamin nutritionally supports Constitutional rights of throughout the history of this e-mail: [email protected] the body. freedom of speech and of the country where the court has [email protected] press and then physically historically upheld the peoples’ Phone/Fax: 1-580-363-5438 assault a reporter is despicable rights against governmental and a sacrilege to the honor of PUBLISHER: Marvin J. Summerfield You Can Also Order oppression. Whenever any all our ancestors who have body of government chooses to OWNER: Cherokee Observer, Inc. All Of Our Products served on this Council.” repress the basic rights of a By Phone! citizen, all rights of every citizen www.cherokeeobserver.org He added, “This incident within that Nation are in 1-800-605-VITA illustrates how a blatant attack jeopardy. 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Letters to the Editor express the views of the writer and donot necessarily reflect the view of the Cherokee Observer. 0107 www.cherokeeobserver.org 2rkg 2hUje Cherokee Observer January 2007 #h'wx3 3 continued from page 1 You Got To Be Kidding! Chief Chad Smith has Tribal campaign ads in question Slate Decides No Increase In Punishment nominated Troy Poteete for Justice. By TEDDYE SNELL On Serious Crimes Chief Chad Smith has nominated Troy Poteete to fill Justice Stacy’s Tahlequah Daily Press Leeds seat on the Cherokee Supreme Court. Poteete has only been around 3 years as an attorney. It has been stated in the justice system, The filing period for Cherokee Nation “Questions have been posed to my Anglen, one of the Chief s political slate who voted identical with that a person should not defend self until you have had 40 to 50 trial candidacy may be almost a month office about some of the election ads away, but political advertising in the most recent Cherokee Frailey on the above issues, is currently in litigation within the JAT cases. It has been alleged that Poteete has not had 40 to 50 court trials. campaigns have already begun, and Phoenix,” said Hammons. “We are where a question will soon be decided if he is Shawnee or if he is Troy Poteete was a disaster at the Historical society, to the brink of some are coming under fire. researching these questions and the closure and he would be a disaster on the JAT. So it is not surprising Cherokee by-blood as required by the 1975 Constitution. If Anglen is ads before deciding what next steps that Chad Smith would want this kind of judge to serve on our court found to be not by-blood and illegally seated for the past five years, The most recent edition of the should be taken.” (another puppet). This letter was sent to the then Chief Wilma Mankiller, every issue that has been decided by one vote could be in question. Cherokee Phoenix, the tribe’s Anglen has been the center of controversy since he applied for the FROM: Lee Fleming, read it and you will see why we would not monthly publication, is riddled with Candidates are required to name a empty seat the last term after Dorothy McIntosh’s death. Questions want Poteete on our Supreme Court. advertisements of potential financial agent - a person or people - are still unclear how Anglen could have been seated when records candidates trying to garner votes – designated and authorized by a show he was not residing within the district at the time. DATE: December 7, 1994 all the checks, forbidding the account- including eight incumbent tribal candidate to accept contributions and TO: Wilma Mankiller, Principal Chief ing department to have any input into councilors, one potential council pay obligations related to the FROM: Lee Fleming candidate, Principal Chief Chad campaign. Anglen is also currently under investigation by the Department of the judicious use of funds. He re- RE: Your Telephone Request of moved invoices from the Society, and Smith, Deputy Chief Joe Housing and Urban Development (HUD) to determine if he may have 12/ 6/94. did not return them. To date, an ac- committed fraud against the federal government when he swore to the Pursuant to your request, I am send- curate financial statement cannot be Election Commission and Council, that he lived in a house in Sperry, ing you information regarding the obtained without these invoices (the OK he listed as his residence while at the same time submitting it to Cherokee National Historical Society accounting department can, however, and Mr. Troy Poteete as I have been the Cherokee Housing Authority as his Mother’s residence, which later reconstruct and document these ex- able to assess since starting on No- penses, when instructed). received almost $40,000 of federal money through the tribe for a total vember 7, 1993 as Interim Executive The above clearly prompted a remodel. Anglen was at the time an employee in Community Director. me to request from the executive sup- Development, which was the same department that approved the port unit to come to the Society to do remodel expenditure. Anglen did not resign as an employee until the After visiting with you and an internal audit for the years 1993- letting you know that I was willing to 4. After visiting with Don Vaughn, he final week Council voted on the appointment. However the law requires assist the Cherokee National Histori- that any employee must first resign before seeking political office. instructed me to request this in a cal Society. Ross Swimmer then con- memo and he would have it approved tacted me and specifically wanted me as soon as possible. This audit could The Crimes Against Public Justice Act of 2006 to increase punishment to just maintain the Society until a have been done in time for this De- on serious crimes was killed by a lack of support the same day suit new Executive Director could be cember 7th. meeting of the Executive was filed against Chief Chad Smith, Cherokee Nation Enterprises and found and to give Carol Hinkley as- Committee, however, when Don pre- sistance in some grant applications other unnamed officials of the Cherokee Nation, alleging sented the memo request to the Tribal that needed to be submitted before Executive Directors meeting, this past misappropriation of $750,000 in tribal money when Smith cut the year-end and in January. Monday, the Tribal Executive Direc- largest check in Cherokee Nation history for a single expense after a I asked Carol to assist me in tors felt that the Society's board of Patsy Morton, of Stilwell Chair of the Election Commission, reads an exert from a referendum was filed that constitutionally stopped the expenditure some developing an interim plan, with the trustees should approve of the audit history book during the Commission meeting where Commissioners decided the sched- first priority of developing and main- ule for an upcoming Special Election where the question will be freedmen citizenship. say to get those funds away from any over sight by Council. first. Let me now document that I in- Morton concluded, "Race has always been a part of the Cherokee election process." taining a work environment in which tend to see this achieved (a clear defi- people can accomplish goals effi- nition between the old and the new Grayson, and Stacy Leeds, former In Hoskin’s case, for example, For Your Information ciently and effectively. As she before a new executive director tribal justice and candidate for “Friends of Hoskin,” could be Breaking news from Jay, Oklahoma Goto www.cherokeeobserver.org wasdeveloping the first drafts of this comes on board) to ensure my own principal chief. expected to be named as his financial We contacted the school and they in- and www.cornsilks.com to read plan, I started collecting and review- professional reputation. It's time to agent for his campaign when the formed us that Chad Smith's son had the current or archived articles to ing governing and controlling docu- come clean or, at least, to set the Ads from several candidates were filing period closes. not been re-hired because he failed ments: the Incorporation, the By- Cherokee issues, record straight. labeled as being paid for by to get his teaching certification. laws, policies, procedures, minutes of Additionally, the Director of “Cherokees working together to In the cases of Baker and Leeds, no When we asked about the charges The proposed budget authority for the Executive Committee and the Resource Development is completely concerning the teenage girl the school the Indian Health Service, an agency Board of Trustees, audit reports, an- continue the progress!” Those notice of payment by a group or unwilling to carry on in her position included incumbents Jack D. Baker, individual indicates the candidates said the district attorney was investi- in the Department of Health and Hu- nual budgets, inventories, tax returns, without a clean slate for this organi- at-large councilor; Meredith Frailey, paid for the ad themselves. What gating the allegations. The rumors man Services, for fiscal year (FY) former plans, funding sources, job zation, financially, to protect her repu- about Smith's son started floating 2008 is $3.3 billion. This is a $212 descriptions, personnel files, etc. tation as a fund raiser with an ethical District 6; Jackie Bob Martin, District candidates cannot do is accept money around after the christmas break ac- million, or approximately 7 percent, The administrative files and and fiduciary obligation to the pub- 2; Don Garvin, District 4; Cara from a group that is contributing to cording to sources. Allegedly, it was increase over the FY 2007 Continu- records were not centralized. Files lic. Self-Management - Due to his re- Cowan-Watts, District 7; and Buel more than one campaign, as in the common knowledge among the ing Resolution amount. were found in the former Executive sponsibilities as a Tribal Council Anglen, District 8; as well as case of “Cherokees working together coaching staff that Smith had some Directors office, the secretary's office, Member, his personal life, and this newcomer Bradley Cobb, who is to continue the progress,” according sort of contact with the teenage girl. Subscribe to the bookkeeper's office, the vault, etc. awesome job, Troy simply could not running for the second District 8 to the tribe’s election law. If the district attorney is really inves- As l began to centralize all of these plan or organize his own work. Due council slot now occupied by Bill tigating then they should start ques- Cherokee Observer, records, I became very apparent of to the lack of exiting procedures, I had Johnson. Cherokee Nation Election tioning the teachers and coaching serious problems with Troy Poteete, to personally oversee and observed Commissioner Jim Briggs was unable staffs of Jay High School. Reports are application below. the former Executive Director, in the Troy pack his office (which was not Two other council incumbents – to answer questions before deadline, the DA office does not know any- following areas: begun until I was brought in to the Chuck Hoskin, District 9; and Bill but agreed to look into the matter. “I thing about it. More to come. Job Knowledge, Skills - Due position). John Baker, District 1 – also have ads do not have my copy of the election to Troy's lack of knowledge and skills I witnessed his attempt to in the paper. Baker’s ad does not law with me, so I am not able to in fund raising and the non-profit sec- untangle the intermingling of his per- indicate who paid for the space, and be specific with an answer,” said tor, he has allowed certain funding sonal records, his tribal council mem- Hoskin’s was “paid for by friends of Briggs via an e-mail interview. “I will sources to come into jeopardy. The ber records, and the Society's records. Herokee State Arts Council of Oklahoma, can- Hoskin.” research your questions; however, I celled three grants (including one I clearly wanted to protect the records am but one of five commissioners which was funded for three years). of the Society. Interpersonal Rela- Leeds’ half-page ad didn’t indicate who make up the election Had he allowed information to flow tionships - Clearly, Mr. Poteete pit- payment, and Smith’s and Grayson’s commission.” C 1 directly to the Development Director ted employee against employee. He full-page ad merely stated “paid and the accounting office, a segmen- encouraged employees to assist in his advertisement.” Briggs indicated his personal opinion Igns qPla tation of responsibility would have personal efforts, make them beholden is not binding, and could be overruled S Cherokee Nation election law by a majority of the election been in place. In fact, he did not ef- to him which, at the same time, pre- fectively utilize any human resource vented any kind of team effort. He indicates campaign contributions may commissioners. He suggested making available to him. harassed individuals on the staff and only be made by people, and bars a formal inquiry with the Election Screenprinting Financial - Troy allowed an did not clearly communicate with his contributions by corporations, Commission, which meets this accumulation of debt to accrue in the board. partnerships or any other legal entity. evening at 6 at the tribal complex. amount of approximately $200,000 Even though Mr. Poteete has A legal entity is defined as “any Political Signs Banners with almost 100 vendors now de- resigned his position, his presence is associations or groups comprised of Todd Hembree, attorney for the manding full payment. I nearly fell still being felt directly and indirectly. any combination of individuals or Tribal Council, withheld comment on Vinyl Graphics Shirts Hats over, when I requested an accounts It is my opinion that he is still advis- corporations that expresses interest by the subject. “I don’t care to comment payable listing from bookkeeping, ing current employees, and other political activities, financial until Diane Hammons has had the and wondered why some of the Board Tribal Council members, to under- contributions or other methods of opportunity to review the situation,” of Trustees did not observe this way mine positive efforts that I have been either support for or opposition to any said Hembree. “It should be allowed 918-456-9559 before it got out of hand. Addition- trying to implement. He fired people candidate for an office in any to run its appropriate course.” ally, receipts will show he permitted without following standard personnel non-management-level employees procedures, or the personnel policy Cherokee Nation election.” Diane Ed Crittenden -Owner Tahlequah, Ok to"charge" purchases around the com- of the Society. Hammons, attorney general for the © 2007, Tahlequah Daily Press munity, including prison trustees, Communication - Troy did tribe, was recently made aware of the 106 W. Second Street; Tahlequah, friends, and temporary personnel. not listen to his support units. In fact, ads, although she did not indicate OK 74464 He made purchases, ap- which ones were under scrutiny. (918) 456-8833 2rkg 2hUje proved his own expenses, and signed continues on page 5 THE CHEROKEE OBSERVER Can You Help Me! "Serving the Cherokee People since 1992" P.O. BOX 487 I am looking for a BLACKWELL, OK. 74631-0487 woman by the name of E-mail: [email protected] Onie Ghlea Pritchett http://www.cherokeeobserver.org Humphry. She was Phone/Fax (580) 363-5438 born June 24, 1930 in Yearly Subscription Rates - 0107 Ellijay, GA. Her family Within USA - $22.00/yr. relocated in her late Outside USA - by quote only teens to Kansas. She NAME______had a child in Ponca City, OK in 1949, but ADDRESS______was separated from him at a early age. If you CITY______STATE ______ZIP______have any information about her please contact Phone #: (____) _____ - ______Send CHECK me at 1807 Sharonwood or Lane, Rock Hill, SC Email: ______MONEY ORDER 29732 or by email: [email protected]. (ORDER'S ONLY) Any information you have would be greatly Call Toll Free 1-888-363-5540 appreciative. Page 4 #Wx3 'g January 2007 2rkg 2hUje Cherokee Observer rkg ec(f Cherokee Syllabary Cherokee Symbol Study

(ah) (ay) (ee) (oh) (oo) (uh) 2 (ah-mah)------water 2 z 3 ^ # D 1.

hW Y g c E [ 2. (g, k) z (ay-lee-ah)------think

n I m A Q p 3. (h) 3 (ee-nah-dah) ------snake

k d f 5 6 ; 4. (L)

1 + Z ! _ 5. (m) ^ (oh-see-yoh)------hello

4" 0 s - = ' 6. (n, nh)

8 : K H J F 7. (q) # (oo-do)------brother

aj U l T R L 8. (s) D (nah-uh)------near

w] v@ e% 7 b x 9. (d, t) THE EASY WAY

P$ } S N X V 10. (dl, tl) The first step in learning to read and write Cherokee is to learn the

r M t C q O 11. (j, ch) Cherokee Syllabary. Sequoyah taught it using the sight and sound method, we have found that to be the best method also. We suggest

y ( u * ) & 12. (w, hw) you learn one line at a time. Say and write each symbol of the line seven times. Repeat until each line is learned then move on to the

i B o { 9 G 13. (y, hy) next. But, always review the previous lines. After you learn the Syllabary, Cherokee words and short phrases will be easier to learn. Use vowel sound on top for each column vowel sound. Use consonant sound for each line across. Although we strongly urge you to use all available Cherokee language Exception (Line 8) j only has "s-s-s" sound, and no vowel sound. resources, We recommend you to avoid using English phonetics. Learning the sound of the symbol by sight eliminates the dependency Presidential Proclamation of on an unnecessary learning step which some new methods use. Pardon and Amnesty #'L YL qs;ujw0;m og, 2d ytso =[u9L #[u9m E-rk'm #sEjwyvg og 2 [s9H, yts #sp Ycfje YL3, 4jg hEjxe #fjc;w0n m2 zkeV tvczh z #'L =0kejej[4 =[u9L #[u9m, Marvin J. Summerfield q(7fjeo, 2d YUje )'Ex- she9 2d 2slGun YL 4H Language Editor 3 e[y4v'ze 3qy0eo. Miami, Oklahoma yts #sjh'M;m, 2Wf hti7fCpje shfjw, 2d qyE]' 7wth"yvl, 2d ^ c(f oeYtsGe #yL 48N4jx4 7wtEjxs, #w'je E(7fjeo #4Mfhi =fj]' 4jgH 2l ]f0 shx 39d'x, 3cmx # 2d 'htGsl------2d 3ije [s9H, 2Bf sws0SGj[4 YL 2d D eh%;j7e w"y zn ---, 39- 4jg 2UH sw'0p4 YL This is the first line in the Cherokee syllabary. Read the symbols from the cm tg, 4jg 2slGun YL q4]' e=cejg left to the right. 'qfj7]' jhbg 94Uf]', 2d w=cej[3------b7VL 2Bf #sEjw3 #4Uf]', 2d #4Uf]' ob-(k' 4jg =jvje We will print one word or a short sentence in the Cherokee Syllabary each issue. YL3, 2d 2Bf b47D3, 2d 4m9 #0k'm ygjv;." Look at the written symbols on the lines above and then trace the following dotted eh;ujw0e YL3, Bf 4jg- m2 eh- lines to learn the Shape of each symbol. 39d'x h;He9 Then say the Sounds of the Symbols each time you write them. (Look at the m;jg 3hbg vYL3, rk'm #4fjv;7e cmg 'w[ywd'x obsW"yv4 4jg syllabary to find the sounds for each symbol). shfjej[ Then do it on your own. You will now know the Sounds and the Shapes of each of eW68vT'm 3g, 2d #4Uf]'3, 4jg- #0kejejg sYL4 the Symbols for each line. #sr] Gu yts =jx #4Uf]' c(; h'mx 2j8sc7e YUje m2 394je, bsh%d', 2d ^Mfcm YUje 2d m2 4jg shx 2Bf eh%;je #sjh'Om eUje NUMBERS 39s(je YUje qs;ujw0m 394f YL #4bwk, 2d j]'m #4bwvx [s9H, 4jg m2 24Ufxj[3. 1- aJ 2-kf 3-C3 4-'g "h;He9 2Ufxe ehb"3 2Bf #47VL 2Bf eB%;x w"y qsB;Lg, 2d she 4jg YL3, 2d #4Mfcm YL hUfxjh, 2h]p u4jx4 #fsx qs'lx eT3 2Bf 5-mjg 6-Rwf 7-hfHg 8-r0k #4X]'m YL #[yf, #0k'm, 4jg cm b7VyeL W-Ix eW"yxje 39d'x 48N4jx4 e4Nmj]s7m, 2d 9-T0k 10-jcm 11- ab 12- ]fb eh5mj]'m 3g ytso e=cejg YL ehb"3 vhkWD3, 4jg 2gEjxeo, 2d 2gjv;eo, qs{Lm 2Bf wsh%d[ 13- Chb 14- shb 15- jghb 16- wkb q[y5e #s{QT0;m w"y 4'0p 39'0m 2d 2Bf 2d28eLjeo, yts 3[0m q[y5e, 2d #4Mf bEjx3, 2d continuing next month 17- hf8b 18- 0kb 19- T0kb 20-]fjcm 4jg q'evh jhbg eYt4P3 qs4}jg, 2d vYaeL #4bwvux Lord's Prayer 4"H eW"yxjeo Trace the Cherokee word above. Then practice writing the YL3, 2d 4jH #No vczh m2 =jew0je, ^g7w h;ke Im, Cherokee word beside the number below. Say it aloud as you 2d m2 shfj]s7Ije =jvje 7wth"yvl, 2d 48N4jx4 h;He9 YUje vr7D3. write. 4jg 394fjw0e r[u9m YL uh4=c3. 7wtEjxs eW"yxje 1_____ 2_____ 3_____ 4_____ 5_____ shfjej[ 2x0h, 2s z5m ushfjw m2 2Bf wshed[ 6_____ 7_____ 8_____ 9_____ 10____ #4Mfcm YL 2Bf nw'wj[3, 4jgi wshed[ w"*m #sEjw3, 4" q4Mfcm h;ke tshfjen. 11_____ 12_____ 13_____ 14_____ 15_____ 3[yfj]'m ehb"3 jhbg vYaeL3, 4jg sw7wXL ^hfjwGe 16_____ 17_____ 18_____ 19_____ 20_____ m2 shfj7en, vhkuD qs5mj]'m jgDl cm 3h. 2G, z8nZ fscs, tg ew4Ve YL #[yf, eYjgDlH- vjgb[3, ytso 2g[u9m, 3ije sb4ULp4 YL, 4jgi teh{t0A #{ YL3. rMfhB- 2d 2UH 39'0;m vt-r;jh, 2d t0h, Ctbg.r[u9m YL3, 2d ht-0n she9 sYL4 YL, ehb"3 2d }je #wcfBeo 2d rfsgeo YL3, #4@kxm 2Bf eskug, 2d q4]' YL 2d zr;He9 YL '- #0h e=cejg w=cej[j3, uejgi%'j]'g, scm;3. All written Cherokee is published under the eh%;je w"y q7Vn, Copyright (c) 1992-2007 The WhitePath Foundation. 2d #NoH =jvje jg9wdjYjeHjgs z+'. 2rkg 2hUje Cherokee Observer January 2007 #h'wx3 5

continued from page 3 Rings around Saturn You Got To Be Kidding! Chief Chad Smith has There are two rather humorous state- of the family records would prob- thor of the 1983 rule which disen- history touches on the Indian Terri- nominated Troy Poteete ments made by John Ketcher and ably reveal something quite differ- franchised the Freedmen under the tory days, but does not go into de- he did not respond to memos, he did of the Society. I believe that it is im- Cara Cowan Watts in that story that ent despite how his ancestors appear leadership of Ross O. Swimmer. tail, and intentionally ignores blacks, not provide information when re- perative that some of our communi- definitely needs to be addressed. on the Dawes Roll. focusing instead on the development quested by subordinates, or manage- cation, and documentation, be kept In Fort Gibson, a Cherokee woman of the state of Oklahoma post 1907. ment, he did not act on problems (in- confidential, because I firmly believe John Ketcher says that he never saw Like many of the Cherokee/Black named Mary Elliot found herself Cara Cowan Watts is 1/256 degree cluding those of a legal or regulatory that the Society may be investigated nature). He, also, did not present clear due to lack of compliance in some of a black person until he was older. If mixed bloods who spoke Cherokee relegated to the Freedmen roll by the of Cherokee blood. That itself would and direct information to his board. our federal funding. The entire man- you know anything about the com- and lived a life as a traditional Dawes Commission, even though give one pause to wonder how she, Decision- making - Despite agement staff (Linda King O'Seland, munity in which John Ketcher grew Cherokee person, they chose to live she was 3/8 Cherokee by blood, 1/8 being raised among whites, would board policies, he made decisions Carol Hinkley, Tom Mooney, Lee up, you will know why. John grew among the full bloods undetected by Negro and 1/2 white. She had been know anything about Cherokee his- which were contrary to the governing Fleming) is willing to openly discuss up in the Earbob community south the Dawes Commission and their married to a Cherokee by blood tory or culture. If Saturn were the body of the Society. And, in fact, re- with you, as a Trustee, and others you of Locust Grove, Mayes County. The racist efforts to classify all Chero- named John Kell French, whose core of Cherokee life, Cara Cowan fused to implement or acknowledge and the Board deem appropriate, their community was named for his kees of negro ancestry as Freedmen. stately historic family home stands Watts would be one of the far outer and adhere to regulatory procedures knowledge and experiences regarding grandmother Takey Earbob's family. on the corner of College and Kee- rings orbiting the planet. She, like put forth by the board, contractors, these matters. grantors, the state and the FRS (the Wilma, I point these areas It is mostly a full blood community This scenario played itself out in toowah Streets in Tahlequah. John all Cherokees since statehood, has latter in matters concerning deduct- out because they have a direct impact surrounded by white settlements. community after community across Kell French died before the Dawes been deprived of the history of her ible contributions, labor laws, taxes on the current condition of the Soci- the Cherokee Nation. In the Proctor Rolls were made and his two sons, Nation. However, she has refused to and safety). ety. Despite Troy being gone, we have The Ketcher and Earbob families Community, there is a cemetery along with their mother, and half properly educate herself on the sub- Personnel (Staffing) - Troy tried to pick up and go on with what were among the most prominent of prominently located in the center of brothers were placed on the Freed- ject, instead clinging to her racist provided no personnel plan, vague job needs to be done to make the Society that community, which lies only five the small berg. And at the heart of men Roll, even though they had views and fears of losing her job on descriptions, undefined duties, no succeed. Yet, Troy is still here! I spoke miles from Locust Grove, a small the cemetery is the largest headstone more Cherokee blood than anything the council to the Freedmen vote. consistent evaluations, no standards with him directly and he clearly has a city of less than 1,000 souls. There there and belonging to a woman else. Mary Elliott, late in her life, or measures to evaluate job perfor- vengeance for Carol Hinkley and re- was a small store in the Earbob com- named Emily Weaver. was honored by the City of Fort I have been involved in Cherokee mance objectively. He had no chain marked that "As long as she is there, of command. When he was away from the Society_ will never succeed. I am munity and a really good swimming Gibson, sometime in the 1940s, as a politics, culture, religion and daily the office, or the grounds (which was not the problem, she is." HE IS THE hole at a place called Twin Bridges. Emily Weaver is the ancestor of Cherokee Princess. life for the entirety of my life of 48 frequently), there was no one permit- PROBLEM AND NEEDS PROFES- many Cherokees by blood and was years and more particularly since ted to be in authority. He inappropri- SIONAL HELP. I have no time to put Like many of the families living in herself the daughter of William Negro ancestry courses through the 1976. I had NEVER heard of Cara ately used employees for personal up with his hurt ego, his antics to jeop- that area, John Ketcher's family Crittenden, a Cherokee Indian of veins of many many Cherokee fami- Cowan Watts prior to her bid for a gains, using them in positions they had ardize the employment of the current made trips to Locust Grove to trade mixed white ancestry. However, lies whose ancestors chose to blurr seat on the tribal council. By her no experience in, or giving them titles staff, undermining a major appropria- for items they could not produce Emily was enrolled by the Dawes the lines between the Indian and standard against the Freedmen, she for which they had no prior education tion from the Cherokee Nation be- themselves or purchase from the lo- Commission as a Freedmen. But the negro races, just as many Cherokees would not be a Cherokee because I or skills... Troy made derogatory com- cause of a personal vendetta he has ments about his staff. with Carol. cal store. The store of course was story does not end there. Emily, be- had chose to do with whites. When would venture to guess that most Problem Solving - Troy sim- To be positive, we are imple- owned by a white family. And like ing the astute and well connected you know the truth of how integrated Cherokees outside her own home- ply could not implement workable so- menting our interim plan. We are ex- so many of the socalled "full blood" Cherokee woman that she had been the Freedmen were prior to the town have never heard of her. For- lutions to problems. He did not plan. cited to have each staff position de- communities in the Cherokee Na- before the arrival of the Dawes Commission efforts to seg- tunately for her and 90 percent of The staff was without any direction,, fined with specific tasks and we will tion, they were only full blood in Dawes Commission, used her influ- regate them from the rest of the the unknowns of our tribe, that's not and few had any knowledge of their meet our stated goals. We will be name, not in blood. Because the ence and family connections to get Cherokee people, a vote to extricate how we determine citizenship. job responsibilities. ready for the new Executive Director Cherokees had become so mixed most of her mixed negro/Cherokee them from the Cherokee Nation be- Safety - There were no Mac Harris this January 2, 1995. with white and negro ancestry in the children placed on the by blood roll. come ludicrous. It is one thing to be ignorant of your safety regulations, or measures, in Please find the interim plan and spe- pre-Civil War era, many families As far as I can tell, only two of her own tribe's history. That is not Cara's place when I arrived. Simple precau- cific statistics regarding our on-going tionary practices were ignored and development in fundraising and mem- who were enrolled by the Dawes six children were enrolled as Freed- The other statement made by Cara or anyone's fault. It is her fault to will need tobecome a priority for the bership for the Society. end Commission as full bloods actually men. The rest, due to her influence, Cowan Watts regarding her own ig- remain ignorant. And it is the ulti- safety of the employees, records, the possessed some degree of white and/ were enrolled as Cherokees by blood norance of the Cherokee Freedmen mate evil to perpetuate that igno- collection, the public and the facili- Support a mailing of the or negro ancestry. It was not uncom- and at least one of her descendants would be hysterically funny if it rance in an effort to deny innocent ties. mon for the Cherokee women of worked for the Cherokee Nation in were not a statement of the fact that people their rights and heritage. Management, Professional Observer to 100 Chero- negro ancestry to hide their undesir- the accounting department when I she, like so many Cherokees, has Conduct - Clearly, no sound under- kees that are not getting able hair texture under a scarf and worked in enrollment. been deprived of her own history by David Cornsilk response to Freed- standing of planning, organizing, del- the men to hide their with short hair- the state of Oklahoma and more re- men, AP News Story! . egating, coordinating, professional the truth! for $45.00 Do- development, and controlling. Devel- cuts and big hats. In the very traditional Cherokee cently by Chad Smith and his opment of Subordinates - Troy was nation. community of Cherry Tree, we find socalled "history course." inconsistent. He favored certain em- White was not the only blood cours- a man named John Vann, a Freed- ployees over others. Send Check or Credit ing in the veins among the Chero- men, who spoke both the English In the state of Oklahoma, we are re- Documentation for the kees residing in the Earbob commu- and Cherokee languages fluently. He quired to study Oklahoma history for above information can be provided for card. nity. John Ketcher himself is en- was married to a full blood Chero- one semester in the 9th grade. This your personal inspection, at your con- Address & phone # on page 2 rolled as 11/16th Cherokee. That kee woman and his descendants live venience, in the administrative office leaves us with a questionable 5/16th today in that same community. Ironi- blood of which Mr. Ketcher claims cally, one of his granddaughters, is white. However, a careful search Dora Mae Vann Watie, was the au- www.cherokeeobserver.org #/Wx3 'g 6 January 2007 2rkg 2hUje Cherokee Observer In the question Chad Smith, Principal Chief of being kin to Redbird Smith the below documents present evidence that Red Bird Smith Nelson was listed as a Quinton rather than a Smith and is not shown as a descendant of Kiah Smith, the son of Redbird Red Bird Smith Smith. and Son's The 1920 federal census show Kiah Smith as single with no children. Listed below are two Federal Census records of 1930, one of Kiah Smith’s household and the other of George Quinton household which includes Rachael Quinton his wife, which is Nelson’s mother. As you can see, Nelson is not listed in Kiah Smith’s household in 1930; Nelson would have been 10 years old. However, Nelson shows up in George Quinton’s household with his wife Rachael and Nelson as his stepson. He’s listed as Nelson Quinton age 10. Is Nelson Quinton the son of Kiah Smith who’s the 7th son of Redbird Smith? The family of Kiah Smith honor Kiah’s view that Nelson Quinton is not Kiah’s son. It has been alleged that Kiah Smith was on military duty overseas at the time of inception and they were never married. If this is so, that would mean Chad Smith, Principal Chief could not be the Great Grandson of Redbird Smith as alleged. It has also been alleged that Nelson might not be Chad Smith's father. The only validation is found in Chad Smith's personal writings, his Cherokee history course and his speeches. Nothing to date has Red Bird Smith been found to legally show a blood lineage from Redbird Smith to Chad Smith, Principal Chief of the Cherokee Nation of Oklahoma. Chad Smith needs to submit to a DNA test to stop the speculation. 1930 United States Federal Census

John Smith Oldest Son

Kiah Smith 7th Son 1930 United States Federal Census about Kiah Smith Name: Kiah Smith Home in 1930: Campbell, Sequoyah, Oklahoma Sam Smith Age: 39 2nd Son Estimated birth year: abt 1891 Birthplace: Oklahoma Relation to Head of House: Head Spouse's name: Elizebath Race: Indian (Native Ameri- can) Occupation: Education: Military Service: Rent/home value: Richard Smith Age at first marriage: 3rd Son

Parents' birthplace:

View image Neighbors: View others on page Household Members: Name Age Kiah Smith 39 Elizebath Smith 32 Salley Smith 10 Clarahta Smith 6 Thomas Smith Stanly E Smith 4 Rodiah Smith * 21 4th Son Martha Smith * 19

1930 United States Federal Census about Rachel Quinton Kiah Smith 7th Son Name: Rachel Quinton Home in 1930: Bunch, Adair, Oklahoma Age: 29 Estimated birth year: abt 1901 Relation to Head of House: Wife Spouse's name: Geroge L

Occupation: Education: Stoke Smith Military Service: 8th Son Rent/home value: Age at first marriage: Parents' birthplace: Subscribe View image to the Neighbors: View others on page Household Members: Cherokee Name Age Geroge L Quinton 30 Observer Rachel Quinton 29 Lula Quinton 7 Today! Cordelia Quinton 5 Charlotte Quinton 3 or Curtis J Quinton 14/12 Nelson Quinton 10 Support a mailing of Nancy Hogtoater Grandmother the Observer to 100 Cherokees that are not getting the truth! for So, why is this important? $45.00 Donation. Our leader's have to be above reproach! They have to tell us (the Cherokee People) the truth. It violates Cherokee election laws if these claims are false. As more information becomes Send Check or Credit available the entire truth will be discovered. (If you have any documents related to this issue, please send them to us.) card.

"VOTE ON JUNE 2007 - MAKE A CHANGE" Address & phone # on page 3 2rkg 2hUje Cherokee Observer January 2007 #h'wx3 7 Tribal councilors to serve staggered terms Cherokee Nation of Oklahoma Chart of Branches as Service Employees Bonuses Again Rejected we see it today. Cherokee People During February regular council the Act, “Comparing employees meeting the Cherokee Nation working for the tribe to employees 1975 Constitution Tribal Council approved an act, working in our casinos is like Executive voting 13-3, that would stagger comparing apples to oranges. CNE Branch terms for councilors elected in is our cash cow and those people 2007. make money for the tribe,” he said. Legislative Judical Branch Branch Jack D. Baker, at-large councilor, Linda O’Leary responded, “The was the only one who commented main focus of operation for this on the act. Baker pointed out the tribe is providing services to the act is being suggested very close to Cherokee people. These employees the candidate filing period and the supply those services. It sounds upcoming election. like your arguing that employees supplying gambling are more “This measure passed 6-4 in deserving of a bonus than the ones subcommittee and would provide who provide services and that Chad Smith Joe Grayson Principal Chief either six- or four-year terms,” said won’t hold water,” she said. Deputy Chief Baker. “I think it would be better to wait to consider this after the Bill John Baker, Co Chair of Justice Melvina Shotpouch Bill Baker District 1 election.” Executive and Finance, brought to District 5 light that last year the Darell R. Some may find the new legislation administration failed to spend confusing, as the new districting nearly $35 million dollars the Matlock, plan required by the new Cherokee Council had appropriated to be C.J. Constitution has yet to be spent on services. “If the determined. administration is not going to Chief Justice spend the money on services then Matlock According to District 1 Councilor let’s get some of this into the hands Justice Stacy Leeds Bill John Baker, elected terms in his of the Cherokee workers,” Baker Joe Crittenden Johnny Keener district would be split, one position said. “The merit system for raises The Cherokee People needs to know, this is th serving six years and the other four District 2 District 6 does not reach every employee and way our nation is functoning as of today.This years. But if the redistricting plan it allows the administration to pick structure is not constitutional. The elected is passed, it may create a third slot and choose who will and won’t get officals acting under Chief Smith’s control in District 1, which would provide a bonus. I think since Cherokee is illegal! The only person that should be work- a second, six-year slot for the employees did not get the cost of ing under the Executive branch is Deputy Chie district. Since staggered terms living raise last year that the state Jackie Martin Cara Cowan Grayson. Chief Smith should not have contro would alternate between six and gave last year, we need to catch District 2 District 7 four years beginning with district them up.” over the majority of the Tribal Councilors or one, a third position in District 1 majority of our Judicual branch. But this is would also affect all the other how it is working or not working for the Chero- The average CNE hourly employee Charles Hoskin districts down the line, as far as bonus in 2006 was $1,700 while the Linda O'Leary kee people. Under this structure we have a terms are concerned. District 5 District 9 average corporate salaried dictatorship. One person controlling our Na- employee bonus was $10,000. tion, The creation of the 1975 Cherokee Con Principal Chief Chad Smith’s veto Many upper level salaried officials stitution took the control of one man, to a three of legislation that would provide receive 80% to 100% of their branch of government. But we have no check the balance of the Cherokee Nation salary as a bonus so an average is employees bonus was upheld, 10- & balances under our Constitution. When the not a good representation of who Buel Anglen Meredith Frailey 6, following impassioned comments Chief controls the Judicial branch and the ma bonuses reach. Bonuses for CNE District 8 District 6 from councilors on both sides of the employees totaled over $10 million jority of the Tribal Council. . . .W . e have a issue. This was the second time dictatorship and that is illegal under our in 2006. (See the comparison of Smith has vetoed similar legislation CNE and CN employee bonuses.) David Thornton Constitution. When the Cherokee people can’t to fund the remainder of the $1,000 District 3 rely on our three branches to work as their oat bonus to every employee within the During the regular meeting to follow our Constitution, then “OUR STATE service base of tribal operations. committee reports, Bryan Collins, Tribal Council Representatives Initially after council appropriated working for the Cherokee people OF THE NATION” is not what our Chief keeps CEO for Cherokee Nation telling us. The Chief keeps telling us every- money for the bonus, the Industries, reported $5.7 million in today. administration chose to withhold thing is great and nothing it wrong. We Chero revenue for CNI for 2006, with $1.4 Don Garvin operation and overhead costs million in actual profit. William Johnson kees have trouble. We have more money an shorting employees approximately District 8 District 4 the people have less services. They are was $300. Councilors argued this was Councilor Bill John Baker asked ing our money. The money belong to the Chero not the intent of council and that Collins for breakdown in write-offs kee People, but this adminstration spend ou overhead and indirect costs were for CNI for 2006. money as if it was theirs.The Cherokee people already being covered by the need to wake up and get involved. Help stop normal salary expense. Collins said $3.6 million had to be these kinds of illegal actions. It is time again written off as losses in 2006, with Councilor Cara Cowan-Watts, one in our Cherokee History to rise up and pro- the majority of the funds being of Smith’s political slate councilors attributed to the investment in tect the Cherokee Nation from corrupt representing Rogers County, elected officials or appointed officials & em- Global Energy Group, (GEG) and Audra Connor Phyllis Yargee argued in favor of sustaining the Cherokee Idling Solutions. ployees. District 1 District 3 Register to Vote in 2007 veto. Most tribal employees within Roger’s County district are Seven councilors filed a federal employees of Cherokee Nation lawsuit alleging Smith and others Raymond Vann announces his run for Deputy Enterprises, (CNE). were involved in securities fraud. N o t i c e Councilors hoped to recoup nearly Chief in 2007 General Election, June 2007. “I understand this is an emotional, $6 million of tribal funds spent on passionate issue,” said Cowan- what they called a worthless Raymond Vann, 4/4 Cherokee by their community family needs. If you are running for office Watts. “But I believe we should investment and mismanagement of blood. We work with local food pantries and balance providing services to funds. The case was dismissed on help with fundraisers so the money citizens with providing attractive a technicality where the judge in the upcoming Cherokee employment packages to I was born in 1943 near Watts, can go to them. ruled councilors lacked the Oklahoma to Pete and Nannie employees. I have to support the standing to file the case. All veto.” (Gibson) Vann, Full blood Cherokee. We even had the privilege of helping Nation of Oklahoma gen- surrounding evidence has since I reside with my wife Sioux Nell been turned over to the CNI board one of our Iraq warriors with money Councilor Phyllis Yargee pointed and the Attorney General for Smith-Vann, a citizen of the Chero- to come home on an emergency leave. eral election this June 2007. out that services to citizens would investigation and or prosecution. kee Nation, in our rural Cherokee That felt GOOD! not be affected, and that by The councilors say they will be County home along the Illinois River. providing the balance of the $1,000 watching to see if these entities do bonus promised to Cherokee their duty. We have helped in these ways as well; Nation employees, they would be I attended Oaks Indian School , high Tuition's for Cherokee students to go operating “within the true spirit of school in Collinsvile, finished with a Start advertising in the “Surplus inventory played into to college, bought school supplies , Gadugi.” that write off figure,” said Collins. GED in Texas, I have a associate de- clothing, etc. “We had some inventory that had gree in arts & applied science from Cherokee Observer, Now! During committee meeting been outdated and was obsolete.” Mountain View College in Dallas Rent. utilities bills, propane and tanks, discussion comparison was reviewed between bonuses to Texas, and numerous awards and cer- deposits Repairs on homes, roofing Councilors concerned about the We have the best value for Cherokee Nation employees and operations of CNI stood united in tificates in management from gen- material, flooring, doors, cabinets employees of CNE. eral Motors over my 31 years of em- opposition during the board Auto parts, gas money, and rides appointment agenda items ployment there. Household furniture, ranges, refrig- your advertising dollar's. Councilor Buel Anglen, of Tulsa, Monday night. However, Williams Washington area, stated during erators Air conditioner, heaters, and contunied on page 8 I retired in 1995 from General wood stoves with free wood. Medi- Call 1-888-363-5540 committee meeting discussion on Motors, Corp., after thirty-one cines, rides to doctor or hospital Help years. I have two sons. Daniel, with getting wells, septic tanks and and Email your AD to who resides in Fort Worth, Texas, water lines. Food, baby formula and Attention Subscribe and Larry Mclntyre, now deceased diapers. Teeth replacement or repair [email protected] to the and three grandsons, one brother, Eye tests and glasses Prosthesis (legs Class Of 1967 and several sisters. for community people) Sequoyah Cherokee My Wife Sioux and I have always had Helped tribal members get legal rep- Observer a desire to help our Cherokee people resentation when living out of four- High School in need of basic survival necessities teen counties and local tribal mem- Sources in Tahlequah say the travel reports are being held up by the chief's Today! of life, we decided in 2003 that we bers get legal services and represen- office..why? If in fact they are being held up by Chad then it is up to the You are invited to should create a non-profit so we tation or clarification. Help with council members to demand the administration publish these reports. participate in our or could have an advantage to get out to grants under our organization for lo- Doesn't Cherokee law states the government must print all travel reports? Class Reunion for more people and help in a larger and cal fire departments. Help with grants We want to know where Chad Smith and the council members have been Support a mailing of more frequent ways. So, Warpony under our organization to get commu- for the past 8 years. We want to know how much Cherokee money they May 4, 5, & 6, 2007 at the Observer to 100 Community Outreach. Inc. was nity gardens started. Helped purchase spent while traveling all over the world while rank and file Cherokees beg the Annual Alumni started and got its status for a non- 2-way radios for local fire department for services. Cherokees that are not profit in just a few months. You can Banquet. and first responders Lawnmowers or getting the truth! for see a write up in the Cherokee Advo- mowed lawns for older tribal mem- Every Cherokee can help! Please bring pictures cate in a 2003 edition, about our or- bers Help with fundraising to local of your families to $45.00 Donation. ganization start up. stomp grounds to help get started and Become a cwyReporter for to many other things to mention. these the Cherokee Observer. share. Hope to see you. Send Check or Credit We have and are working, along with are some of the many ways we try to Call Betty Jack-Pulver card. some of the Cherokee Nation Coun- help. Use your digital camera or cell phone camera & cil Members, through our non-profit. at 1-918-227-1508 or Contact Info take photo's of things you think would be a good They frequently help in case of emer- Raymond Vann LeRoy Adair 918-682- Address & phone # on page 2 gency or with a particular difficult 21828 North story, then Email your photo's & stories to 9916 need. Ben George Road Tahlequah Ok.74463 cwyReporter for the Cherokee Observer. We also work with the UKB and fre- [email protected] To read the entire dissention from justice Leeds & Justice Dowty goto The quently donate any needed item for Cherokee Nation Judical Branch has rulings on this issue. Phone: (918)458-9095 or snail mail to PO Box 487, Blackwell, OK 74631-0487 [email protected] http://www.cherokeecourts.com #/Wx3 'g 8 January 2007 2rkg 2hUje Cherokee Observer These are the letter's that the Seminoles received from the BIA when they tried to remove their Freedmen tribal membership. It could happen to the Cherokee Nation of Oklahoma.

United States Department of the Interior

OFFICE of the SECRETARY Washington D.C. 20240

SEP 29 2000 Honorable Jerry Haney Chief, Seminole Nation of Oklahoma P. O. Box 1498 Oklahoma City, OK 74414

Dear Chief Haney;

On Aug 30, 2000, I wrote you to request that the Seminole Nation of Oklahoma submit nine recently proposed constitutional revisions to the Bureau of Indian Affairs in accordance with Article XIII, section I of the Seminole Constitution. While the revisions would effect a number of changes in the Seminole Nation government and territory, the Department is particularly concerned about the revisions that purport to disenfranchise the Freedmen members of the Seminole Nation.

The Freedmen Bands became members of the Seminole Nation of Oklahoma pursuant to Article II of the Treaty of March 21, 1866, 14 Stat 715,756:

The Seminole Nation covenant (s] that henceforth in said nation slavery shall not exist, nor involuntary servitude, except for and in punishment of crime, whereof the offending party shall first have been duty convicted in accordance with law, applicable to all members of said nation. And in as much as there we &mom& the Seminoles many persons of African descent and blood, who have no interest or property in the soil and no recognized civil rights, it is stipulated that hereafter these persons and their descendants, and such other of the same race as shall be permitted by said nation to settle there, shall have and enjoy all the rights of native citizens, and the laws of said nation shall be equally binding upon all persons of whatever rut or color, who may be adopted as citizens or members of said tribe.

The recently proposed constitutional revisions would, among other things, remove the Freedmen from membership in violation of this Treaty and the Indian Civil Rights Act of 1968, 25 U.S.C. & 3101. The Nation has not submitted the proposed revisions for review and approval as requested, but, instead, has indicated that it does not intend to submit the proposed revisions. Neither has the Nation offered any justification for its removal of the Freedmen or its failure to submit the revisions for review and approval. Therefore as stated in the August 30 letter the revisions and their implementation pursuant to Resolution No. 2000 105, dated August 10, 2000, removing the Freedmen from membership are deemed disapproved and invalid and the continued from page 7 Department of the Interior declines to afford them any force or Tribal councilors to serve staggered terms effect Service Employees Bonuses Again Rejected Grass and Jim Carson were both CNI’s board, but also to the board Other action Additionally, be advised that for purposes of carrying out the government confirmed to be reappointed by of Cherokee Nation Business. Editor Note: The question is before to government relationship between the United States and the Seminole Smith to the CNI board of the Court if Councilors can set a Nation of Oklahoma We will not recognize any future resolutions or directors, 9-7. “I can’t support confirming longer term of the office than actions of the General Council without the participation of the William Grass, because I don’t designated within the constitution Freedmen The exclusion of the Freedmen from participation in the Councilor Linda Hughes-O’Leary, think anyone should be able to and increase half of the seats to six an Advisory Board member of serve on the board of a business years or if they must instead Nation’s government in violation of the treaty rights guaranteed to CNI, opposed the appointments. and on the board of Cherokee designate half of the seats within them in 1866 means that the United States cannot discharge its trust Nation Business, which approves this election cycle as two year responsibilities to the Seminole Nation through the General Council “Since no one on the board at CNI funding for that same entity,” terms. Some say it is because that governing body is no longer lawfully constituted. has seen fit to find out more about Thornton said. “I think it presents unconstitutional for the legislative the investment in GEG, I cannot a conflict of interest.” to exceed the constitution by support reappointing any of these increasing their own term of office As the United States District Court for the District of Columbia members to the board,” said Other board appointment and that they must instead use a O’Leary. confirmations included Dennis noted nearly 20 years ago in connection with litigation over the period that is less than the removal of the Principal Chief of the Seminole Nation: Dowell and B.J. Dumond, who maximum allowed by the Councilor David Thornton noted were confirmed to serve on the constitution to accomplish the that William Grass was not only on board of directors of Cherokee staggered terms as mandated The longstanding controversy that has divided the Indian tribes [sic] the agenda for confirmation to Nation Enterprises. within the 1999 Constitution. into competing factions has cast into doubt the represntativeness of the General Council and its officers, and has threatened the integrity of the trust funds over which the BIA has ultimate authority and CNE Bonuses for FY2006 responsibility. . BIA has a strict and heavy burden to administer funds to be distributed to Indians consistent with the highest fiduciary Compared to Cherokee Nation bonuses and tribal dividends. standards . . . The court finds that the Secretary’s decision to withhold tribal assets is consistent with its role as trustee and CHEROKEE NATION ENTERPRISES with its responsibility under the Indian Self Determination Act. CNE # Employees Amount Average $ Gross Payroll Avg % By Comparison “(Citation omitted.)

Hourly 2,451 $ 4,182,940.00 $ 1,706.63 $ 46,836,000 9% 2.8 (NEARLY 3 TIMES CN AVG) Milam v. US Department of the Interior No. 82 3099 (D.D.C. 1982) 10 ILR 3013, 3017. Salary 675 $ 6,104,029.00 $ 9,043.01 $ 30,537,000 20% 14.6 (NEARLY 15 TIMES CN AVG) I regret having to take this action; however this decision is final CNE TOTAL 3,126 $ 10,286,969.00 $ 3,290.78 $ 77,373,000 13% 5.3 (OVER 5 TIMES CN AVG) for the Department of the interior.

CHEROKEE NATION Sincerely, CN Employees 2,142 $ 1,322,120.00 $ 617.35 $ 72,152,090 2%

+ Fringes taken out$ 462,743.00 35% + IDC taken out$ 315,137.00 18% = Appropriation$ 2,100,000.00 In 1993 the Seminole Nation argued that proposed amendments to the Nation’s Constitution did not need to be approved by the BIA. The Interior Other related comparisons Board of Indian Appeals (IBIA) rejected these arguments. Seminole Nation of Oklahoma v Area Director, 24 IBIA 209,222(1993). The removal of the Freedmen 2006 CNE Bonuses$ 10,286,969.00 from membership changes the composition of the class of voters eligible to participate in the selection of the Principal Chief. Therefore the amendment 2006 CNE Dividend Paid$ 25,511,350.00 (CN budgeted/appropriated $23 million) which would remove the Freedmen from membership in the Nation requires CNE bonuses as % of dividend 40% Secretarial approval under the Act of October 22, 1970, Pub Law 94 495, 84 Stat 1091. CNE Net Income$ 89,261,000.00 2006 CNE Bonuses$ 10,286,969.00 CNE Net Income before bonuses$ 99,547,969.00 Subscribe to the Cherokee Observer Today! Keep % of Net Income paid in bonuses 10% up to date on what is going on in Cherokee Country % of Net Income paid in dividend 26% subscription on page 3 www.cherokeepolitics.com "VOTE ON JUNE 2007 - MAKE A CHANGE"