Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-04-20
MUST NOT BE ADDED.
Opinion of the Attorney Gen.
eraI in Regard to Omit
ted Claimants.

Inc honorable secretary OF the
interior referred to the assistant
attorney general certain cores
pondence upon a matter of much
importance to the public gener-
ally, in the following words:
81 have to ask that you viii
consider the acts referred to here
in, the correspondence enclosed
herewith, and advise the depart
ment whether the secretary of the
interior is authorized to consider
any applications that may be ten
dered by persons claiming to be
citizens of either Of the five civil
lied tribes, whose applications are
rejected by said commission be-
cause not found on any tribal rolls,
or for any other reason whatever.
l desire to be further advised
whether the commission to the
five civilized tribes is authorized
to receive and file any applications
from any person claiming mem
bership in either the five civilized
tribes, whose name is not found by
the said commission on the rolls Of
the respective tribe of which the
person claims membership"
Upon which the honorable Will
lis VanDevanter, assistant attor-
ney general, gave opinion as fol-
lows:
"To comply with these requests
it will be necessary to examine
the statutes prescribing the duties
of the commission to the five civil
lied tribes respecting claims to
citizenship. Priorto the creation
of this commission the respective
tribes controlled the question of
citizenship, subject TO the condi-
tions of the various treaties be-
tween the United States and such
tribes. The commission to the
FIVE civilized tribes was created by
the Act of March 3, 1898, OF Stat,
612-645, to enter into negotiations
with the Indians for the purpose
of the extinguishment of the ma
tional or tribal titles to any lands
within the Indian Territory held
by them, which extinguishment
was to be accomplished either by
cession of the lands to the United
States or by the allotment and d.
vision of the same in severalty
among the Indians entitled there
to, or by such other method as
might be agreed upon, to be car
ried on under regulations and di-
rections to be prescribed by the
president through the secretary Of
the interior, and the commission
ers were to report their transac-
tions and the progress of their ne
gotiations to the secretary Of the
interior. "
And after quoting the acts Of
congress.
June 10, 1896, 90 Stat. 821-829),
June 7, 1897, go Stat. 62-SD,
June IS, 1898, go Stat, 495-5O2)
and the Indian appropriation Act
approved July 1, 1898, go Stat,
571-591) he adds:
"Bv the act of 1896 applications
for citizenship were required to be
made TO the commission within
three months after the passage Of
the act, and to be passed upon by
the commission within ninety days
after made. Provision was also
made for applications to be pre-
sented within three months and
passed upon within thirty days.
After the expiration Of six months
the comission was TO make rolls
of citizenship, adding the names
Of citizens whose right might be
conferred under that act. After
the expiration OF the time fixed,
no new application for citizenship
could be received, and the action
Of the commission upon those
made within the time fixed was
final, in the absence Of an appeal
to the courts. The act Of 1897