Sooter VS Cherokee Nation

EH Sooter's Letter pg1
Aug 11, 1896
To the ____ Body compassing the Dawes Commission.
We E H Sooter, E P Sooter and G B Sooter
respectfully submit for your consideration our
application for citizenship in the Cherokee Nation.
We claim a right to citizenship because we are
decendants of Jeramiah Fly, who according to our information
and belief, was of Cherokee Blood. Our Mother Martha
Sooter whose maiden name was Martha Fly, she
was a daughter of Jeremiah Fly. We have an affidavit
of Ex Chief John Ross also an affidavit of
Prisey Capps of Going Snake District __ __ Stating
that our Mother's Father was of Cherokee Blood and
they say in their affidavit that they were acquainted
with our Great Grand Father Jeramiah Fly's family and
knew our mother married Edward Sooter and was
acquainted with our Father and his family.
We submit for your consideration the affidavit
of John Ross and Prisey Capps- our Grand Father and
Parents came west about the time the Cherokee came
West and our Grand Father and our parents settled
in Southwest Missouri- the above is true and
correct according to information and knowledge
our Grand Father and our Parents lived in Tennessee
before they moved west.


EH Sooter's Letter pg2
We have the following named children
E H Sooter has six children and two Grand children.
Children of E H Sooter their names is as follows.
William A Sooter, Elizabeth Bullard, Henry
A Sooter, Elisha D Sooter, Preston M Sooter and
Robert M Sooter. Grand children of E H Sooter
their names is as follows.
Lucy Sooter and George H Sooter.

G B Sooter has the following
named children and Grand children.
Children of G B Sooter their names is as following
William E Sooter, George _ Sooter, Arizona Booth
David Sooter, Silas Sooter, and Hopkins Sooter.
Grand children of G B Sooter their names are follows,
Laurance Booth, William Booth and Edith Booth.

E P Sooter has the following named children and
Grand children,
Sarah _ Gorman, James M Sooter, Laura S Sooter,
Martha R Sooter, Manda J Sooter, Clary H Sooter,
John _ Sooter, Ida B Sooter and Cora _ Sooter.
E P Sooter has Grand children as follows,
Alis E Gorman and Minie B Gorman.
Signed E H Sooter

Subscribed and Sworn to before me this the 12 day
of August 1896 A C Vead Notary Public.



Pricey Capps pg1
Cherokee Nation Indian Territory

Personally Before
Clerk in and for the herin named Dist
Prisey Capps who is entitled to full
Faith and Credit and makes the folling Statement
on oath to witt. I Am 75 years of age
and live in the Cherokee and have been
Acquainted with the Eastern Cherokee
and amonge my many aquantences
was one Jerimine Fly who I was personley
acquainted with and knew him to be a
Cherokee Indian by blood and he had
a daughtor by the name of Marthey Fly
who was also a Cherokee Indian and
She married Edward Sooter and they raised
childron by the Fowlinge Names
EH Sooter
GB Sooter
EP Sooter
AF Sooter
MV Sooter
I know the above named parties to be
Cherokees by Blood reciving the same
through and then Grand Father Jermine
Fly.

Pricey Capps pg2
Pricey Capps in the case of Jermine Fly
Sworne to as directed by law this the
23 day of Sept 1892
JR Garrett clerk of Going Snake Dist
Cherokee Nation.
Prisey Capps



Chief John Ross pg1
Going Snake District
Cherokee Nation
Indian Teritory

Personally come before me Clerk in and for
the above named District, John Ross
after being duley Sworn as
the law direct makes the
fowling statement on oath to witt.
I am 78 years off age
and was rased in the Eastorn
States and was Chieff of the Eastorn
Cherokees for 8 years and was
acquantences was one Jermine
Fly and he lived in Tenn and was
a Cherokee Indian by blood and
he had a daughtor by the name of
Marthey Fly and she married Edward
Sooter and they raised children by
the following names
EH Sooter
GB Sooter
EP Sooter
AF Sooter
MV Sooter
I know these parties to be Cherokees
by blood deriving the same through
and by their Grand Father
Jermine Fly.

Chief John Ross pg2
John Ross in the case of Jermine Fly.
Sworne to and subscribed before
me on this 23rd day of Sept 1892
JR Garrett clerk of Going Snake
Dist Cherokee Nation.
John Ross _X his mark.



Sooter Vs Cherokee Nation No. 124
EH Sooter et al
VS.
Cherokee Nation
Filed Aug, 15- 1896
Court
EH Sooter
Gravette, Ark.



Registry Receipt

WA Stevens Depose
UNITED STATES OF AMERICA,
INDIAN TERRITORY,
NORTHERN DISTRICT.

I, W. A. Stevens, being first duly sworn, on oath depose and
say that I was present at Vinita Post Office at time E. H. Sootó
er registered a package to S H Hayes, Chief of the Cherokee Nation
at Tahlequah, Ind. Ter, that I am familar with the package thus sent
him and that the petition of E. H. Sooter and others and the, affidavit
of the contents
in support thereof and herewith attached are exact copies of the packó
age above mentioned being Registered to the said Mayes on the 5th day
of August, 1896, and that said E. H. Sooter at the time of regeristering
said package received from the Post Master a receipt for said
package which to herewith attached and marked Exhibit A., and made a
part hereof. Said Register receipt being No. 128.
W A Stevens
Subscribed and sworn to before me this the 15th, day of Aug, A. D 1896
Harry E Don Carlos


Demurrer And Answer

Before the Honorables, Henry L. Dawes, Frank C. Armstrong. A. S. McKennon, T. B. Cabaniss,
and A. B. Montgomery, Commissioners.

In the matter of application of
EH Sooter and GB Sooter
for citizenship in the Cherokee Nation. Nation's No 159
Your respondent, S. H. Mayes, Principal Chief of the Cherokee Nation, comes now and demurs the said application, and for the grounds thereof says:

1st. That this Commission has not jurisdiction over the parties or subject matter of this controversy,
and no legal right, therefore, to bear and determine the same.
2nd. That the application does not state facts sufficient, if true, to show that the applicant
entitled to citizenship.
Respondent not waiving his aforesaid demurrer, but insisting the same for answer to said appli-
cation,says that Jeremiah Fly
through whom the petitioners claim to derive their right
to citizenship in the Cherokee Nation, is not now, and has not been a citizen of the Cherokee Nation since
the removal of said Nation, west to the Indian Territory as at present located and defined; that their names
do not appear on any of the authenticated rolls of said Nation; that neither they nor any of their ancestors now
reside, or ever have resided in the Cherokee Nation and Indian Territory as citizens there of.
Having fully answered, your respondent askes to be dismissed.
SH Mayes Principal Chief C.N.