The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-03-28
lease of p. Porter & Co. should
not be approved by you.
Very respectfully,
WILLIS VAN DEVANTER.
Asst. Atty General" "

Asst. Atty General"
~
Another decision of unusual i'm
pOrtance to the people of the Ter
ritory is that relating to the right !
of appeal from decisions of the
Dawes commission to the Secretary
of the Interior, in all cases of the
right of individuals to citizenship
on the rolls of the tribes. The de-
ciSion holds that the commissioner
of Indian affairs and the Secretary
of the Interior have supervisory
authority over the decisions of the
Dawes commission. Ii holds that
they can review their action IN the
placing of names upon and with
holding of names from the tribal
rolls, aS these rolls depend upon
the final approval of the depart
ment for their sanction and effect.
1t further holds that the secretary
is not authorized to re-examine
decision of the commission from
which an appeal to the court was
provided, nor does it authorize the
re-examination of the decision of
the court. 1t does, however, au-
thorize the secretary to see that
any individual entitled to enroll
ment is placed upon the roll, and
that anyone placed thereon in dis
regard of a final decision, is strick-
en- thcrefrom. 1t further holds
that the decision of the Supreme
Court of the United States when
rendered. Will be the final decision
notwithstanding the provisions in
the act of 1896 giving finality to
the original decision of the district
court.
This opinion does not touch
many of the points raised in the
citizenship cases, and does not
consider in any manner the pro-
bable action of the Supreme Court
III the cases now before it.
The Curtis act provides that the
commission shall take steps to
compel all citizens of the five
tribes and all persons who should
be enrolled to appear before said
commission for enrolment and
places at their disposal the process
of the courts Of said Territory to
compel such attendance, and it is
the cOncensus of opinion here. that
an Indian ward of the government
cannot be deprived of his right of
citizenship IN an Indian tribe by
neglecting to take advantage of the
provisions of the various acts of
Congress, but that the provision
above stated is for the purpose of
putting all persons entitled to
citizenship upon the rolls of the
various tribes irrespective of
the question a. TO whether
they had complied with the various
conditions imposed upon them by
prior acts; that the full blood In
dian living in the foothills who
does not know of the commission
to the Five Tribes" and has never
heard of the Curtis act is still en-
titled to his share of the lands
given him by prior treaties; that
Indians entitled by blood to mem.
bership in the various tribes viii
he protected 10y the courts, de
partments and by Congress ire
spective of legal technicalities anC
forInalities.
1t is expected that the Supreme
Court will hand down the decisions
in the Creek and Choctaw casei
next Monday.
~
The Interior Department is nov
preparing the plans and speeifica
} ton of the three penitentiaries t.
be located in the Territory a
: MuskOgee, South MeAlester an,
ArdmOre.
*s*
The Secretary of the Interio