FAQ—Frequently Asked Questions
What is the top priority now, in 2010, to preserve our heritage?
What is an injunction and what will it do?
If my name is not among the 731, what recourse do I have?
Is it true that this whole legal process is only Stocktons trying to take over?
Is there a written Constitution for the Lost Cherokee?
Are the Lost Cherokee of AR & MO legally a tribe?
If my name is not among the 731, will I still be able to get benefits, since I will still be a member of the nonprofit 501c-3?
Who is paying the lawyer for all this legal action?
If the injunction is granted, what then? Will there ever be fair and open election of leaders we can trust?
Since the membership is scattered over several States, where will tribal headquarters be located after the election?Q. What is the top priority now, in 2010, to preserve our heritage?
A. It is doubtful that continued legal action in an Arkansas District Court, paying huge lawyer fees, will ever accomplish the goal of preserving our Cherokee heritage. Over five years have elapsed since the legal action was started, with little to show for it. The new Opinion Blog is meant to give people a chance to show their desire to start in a new direction. There are several good alternatives to be explored and discussed in an open forum--something that should have been done five years ago.
Return to topQ. What is an injunction and what will it do?
A. An injunction is a legal process to stop or prevent illegal or harmful action(s). In this case, the Court is being asked to stop the illegal process started by the Headmen and Council to get Federal recognition for only 731 names.
Return to topQ. If my name is not among the 731, what recourse do I have?
A. First, make sure that your name is not among the 731 by contacting the BIA directly, not taking anyone’s word for it. See how to find out if your name is on the list. If your name is not on the list, and the present Headmen and Council succeed in getting recognition, you will not have any recourse. The only recourse available to all of us who are not on the list is to seek legal action to prevent the Headmen and Council from continuing this process using only 731 names.
Return to topQ. Is it true that this whole legal process is only Stocktons trying to take over?
A. Definitely NO. The Stocktons are only one of nine people on the O.C.’s legal action to stop the illegal process of the present Headmen/Council. The Stocktons have disavowed any intent of seeking office when open elections are held. Like the rest of the O.C. members, the intent is to protect the rights of all 3,125 members who were issued membership cards.
Return to topQ. Is there a written Constitution for the Lost Cherokee?
A. Yes, copies are available at a nominal cost of mailing. See last page to order.
Return to topQ. Are the Lost Cherokee of AR & MO legally a tribe?
A. No, not in the legal sense. The present status of the Lost Cherokee is that of a nonprofit corporation, designated 501c-3 by Federal statute. It is one of several hundred groups in the U.S. seeking Federal recognition. Until that recognition is granted, none of the rights or benefits of tribes under the CFR’s (Code of Federal Regulations) apply, such as “sovereignty”. Likewise, the present Headmen and Council do not have the legal right to alter the membership rolls as if the Lost Cherokee were a tribe.
Return to topQ. If my name is not among the 731, will I still be able to get benefits, since I will still be a member of the nonprofit 501c-3?
A. No. If Federal recognition were to be granted to the 731, those people would be the only ones qualified to receive any benefits through the tribe.
Return to topQ. Who is paying the lawyer for all this legal action?
A. The attorney retained by the O.C. is John C. Aldworth in Clinton, AR. Money for legal fees to date has been raised through donations by members of the O.C. and by other members who are concerned that the illegal actions by the Headmen must be stopped ASAP. Find out how to contribute to this important legal action.
Return to topQ. If the injunction is granted, what then? Will there ever be fair and open election of leaders we can trust?
A. Yes, we definitely hope so. That is one of the goals of the O.C., to have fair and open elections as soon as possible. This is something that the present Headmen and Council will probably never agree to, however.
Return to topQ. Since the membership is scattered over several States, where will tribal headquarters be located after the election?
A. That is one of the items that would be determined by a fair and open election being held. Whatever decision is made as to location, the goal is to have a government open to all members questions and concerns. The headquarters for the tribe could be anywhere in the 14 counties of Arkansas as described in the old reservation.
Return to top