Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-07-16
CASES OF CITIZENSHIP APPEAL.
Rules For Practice in the United
States Court.

States Court.
Ordered by the court that the
following be, and they are hereby
adopted, as the rules for the gov
ernment of procedure in appeals
to this court in citizenship cases
under the provisions of the act of
congress making appropriations
for the Indian service, approved
June, 1896.
Rule |. Appeals to this court
from the decision by the tribal au-
thorities or by the United States
commi ssion to treat with the five
civilized tribes, which are pro-
vided for by said act of congress
upon questions of citizenship in
either the Cherokee, Creek or
Seminole nations, may be begun
in this court by filing a petition by
the appellant with the clerk of
this court, which petition shall set
forth the facts relied upon, and
separately and particularly the
grounds upon which such appeal
it taken, and assign the error or
errors in the decision of the tribal
authorities or of the commission
from which the appeal is taken.
Said petition must, as required by
said act of congress, be filed with
the clerk of this court within sixty
days after the rendition of such
decision.
Rule III. Upon the filing of said
petition the clerk shall notify in
writing the tribunal from which
the appeal is taken, that an appeal
has been taken in the case to this
court, and request the tribunal to
transmit at the earliest time prac-
ticable to this court, a transcript
of all the entries made in the dock
ct of the tribunal relating to the
case, together with the depositions
and testimony taken before said
tribunal, the decision thereof on
the application, and all original
papers relating thereto.
Rule III. The clerk shall file
said petition and docket the case in
separate book to be kept for that
purpose, to be known as the "citi-
zenship Docket" and such cases
shall be numbered on that docket
consecutively beginning with num-
Der one. The clerk shall also
keep a separate record book, in
which shall be recorded the pro.
ceedings of this court in reference
to citizenship cases-to be known
as the citizenship record"
Rule ". The appellant shall,
on filing bis petition, deposit with
the clerk a docket fee as in other
cases, and when said case is dock
eted the appellee shall be sum-
moned as provided by law in other
cases, unless the appellee shall in
person, or by counsel, within five
days after the case is docketed,
waive service by entering his ap-
pearance.
Rule V. If the appellee is an
Indian tribe or nation, the service
shall be upon the principal chief
of the nation, or upon the attorney
general thereof
Rule VI. The summons shall
not issue until five days have
elapsed from the time of docketing
the case, and if at that time the
appellee has not entered his ap-
pearance as provided in rule four,
the clerk shall issue the summons,
which shall be returned where
actual service is had, within ten
days thereafter. The appellee
shall file his answer to the petit
tion of the appellant within thirty
days from the time of his service,
or from the entering of his appear.
ance.
Rule VII. The answer shall
contain a denial of each material
allegation or the petition contro-
verted by the appellee, and shall
set forth his contention as 10 the
law applicable to the case.
Rule VIII. The court may refer
all the papers in the case to a spe-
cial master, with instructions to
report upon the law presented by
the records and pleadings. The
report shall be made at the earli-
est time practicable, not exceeding
thirty days from the date of refer
ence. And within ten days after
said report is filed, either party
may file his exceptions thereto,
both as to questions of fact and
law.
Rule TX. The case shall then, if
all accrued costs have been paid,
be set down for hearing upon the
petition and answer upon the re-
port of the master and the excep-
tions thereto. and upon the record
maGe in the court below.
Rule y. Appeals in citizenship
cases may be taken only at Mus
kogee and for the purpose of hear
ing and determining such cases,
the court at that place shall be l
deemed open at all times. Any I
case when submitted as required I
by these rules may, in the discre- '
tion of the court, he transferred by t
the court, on the application of c
either party, TO either Tahlequah, 7
or Miami, for hearing and 7
determination, when the court is t
in session at such places, but the t
decision of the court when rem o
dered, and all papers in the case, o
shall be filed with the clerk at o
n