Washington - Aug. 26 - The secretary of the interior has ordered a decision in the case of John Kesterson against the Cherokee Nation, in the the Indian territory, for the recovery of certain improvements forcibly taken from him and sold at auction by the sheriff of the nation. It appears that Kesterson is a Tennessee Cherokee, and that he went to the Indian territory upon the general invitation of the Cherokee nation extended to members of the eastern bands to join them and become members of their tribe, and that pending the decision of the Cherokee council upon his application for membership, he made valuable improvements upon lands selected according to the Cherokee custom. His application for citizenship in the nation was finally rejected and his improvements and effects sold at auction by the sheriff of the nation, and steps taken to have himself and family ejected from the reservation. Secretary Vilas, in his decision, holds that when Kesterson's application was rejected his status was thereby determined to be that of a non-resident or intruder, and as such the nation had no jurisdiction over his personal property and consequently the action of the Indians in selling his property was unwarranted. The secretary desires that the property sold or its equivalent be restored to Kesterson, and the agent to be instructed to allow him reasonable time and opportunity to remove or dispose of his growing crops and other property, or to remove himself and family from the reservation. It is stated that a very large number of similar cases are now pending in the department which will be decided according to the general principles laid down in this decision