Tower v. Towie

With all due respect to the opinion of the majority in this case I am compelled to dissent. The rule of law laid down in the syllabus is incorrect as applied to couples co-habiting in the Indian Territory prior to 1890.

I cannot agree that the record shows a marriage according to Cherokee law of Nellie Smoke and Wilson Towie.

The purpose of the enrollment records was primarily to determine who were entitled to be enrolled as members of one of the Five Civilized Tribes, here the Cherokee Tribe. The record on Isaac Tower was that “The father of this boy seemed to be identified as Wilson Towie.”

The…