The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-15
Rights 0F SlDANNEN
Threatened by a Ruling of
Secretary Hitchcock.
LOUD PROTEST Is RAISED
Work of Enrolling ChOCtawS
and ChickaSaWS.
LOUD PROTEST is RAISED

Guthrie, 0. T., Dec. IA special from
Atoka, Indian Territory, says that the
commission to the five civilized tribes has
finished its work at that place and re-
turned to Muscogee, where it will pre-
pare a roll of the Choctaw and Chicka-
saw nations. Many Indians cannot be
accounted for. There are some 800 names
unchecked, and it is thought that many
of them are afraid to come before the
commissions and that others have en-
rolled under different names and that
many are dead. The commission viii
issue process for all persons not account
ed for and compel them to come before
it.
1t is given out that the secretary of the
interior has instructed the commission
that all white persons who married an
Indian and became a member OF the tribe
by such marriage subsequent TO the acts
of the nations providing for forfeitures
of citizenship for afterward marrying
white person and have since abandoned
the Indian wife Of husband or married
white person, have forfeited their rights
10 membership in such nation. This rul-
ing has created a surprise among many
applicants and attorneys It is directly
in conflict with the decisions of the
United States courts and the former de-
cision Of the commission.
1t is also contrary to the constitutions
Of the Choctaw and Chickasaw nations
and the treaties and the constitution of
the United States. Briefs are being filed
before the commission in which indispu-
table argument is made against such
fcrfeitures. If the commission shall fol-
low the arbitrary rule an effort will be
made TO have congress grant a right to
litgate the questions in the United States
courts and where the citizen has a
judgment of the United States court and
It refused enrolment by the commission
attachment proceedings will be taken
against the commission for contempt Of
court
The Dawes commission in its recent re-
port on the matter Of enrolment called
attention TO the importance of pushing
TO an early completion the rolls of citi-
zenship IN all five tribes Until these rolls
have been completed it is impracticable
If not impossible. to make allotments,
for the reason that the presence of a
commissioner would be required in each
land office to pass upon the rights Of
claimants to enrolment prior to filing on
selections. a function which cannot be
delegated. The general duties Of the
commission viii not admit of such mo-
ncpolization Of the time of all its mem
bers. With the rolls complete and APP
proved an officer may be placed in
charge of the various land offices and
require merely the Identification of those
VIII I,
other important matters rest upon the
completion of the rolls. not the least of
which is the restoration to the tribes Of
much Of the public domain now in the
possession Of intruders whose status is
unknown to the officers of the judicial
department or United States Indian
agent To this paramount duty the com-
mission viii direct all possible effort
or the enrolling work among the Choc-
taws and Chickasaws the commission
say:
The commission proceeded early in Sep
tember. 1898 to fill its engagements in
the Chickasaw nation. The lands of the
Chickasaws and Choctaws are owned in
common by those tribes and the citizens
Of each have made their homes upon the
lands Of the other and will be permitted
TO retain same in allotment. It was there
fore deemed by the commission practical
BILE and expedient while enrolling Chfcka-
saws TO enroll such SChoctaws as were
residing in the Chickasaw nation. OF
these tribes four rolls are to be made
mot including such special designation
as intermarTied cidzres may reQuire).
viz: Chickasaws by blood and inter
marriage; Chickasaw freedmen: Choc-
Taws, by blood and intermarriage. and
Choctaw freedmen. The authority under
which it becomes the duty Of the com
mission to enroll Choctaw and Chicka-
saw freedmen is contained In the Curtis
act, and Is as follows:
1T shall make correct roll Of all
Choctaw freedmen entitled to citizenship
under the treaties and laws Of the Choc-
7aw nation. and all their descendants !
born to them since the date of the treaty. /
1T shall make a correct roll Of Chicka- |
saw freedmen. entitled 70 any rights or |
benefits under the treaty made in egh- |
teen hundred sixty-six between the /
United States and the Choctaw and /
Chickasaw tribes and their descendants /
born to them since the datet OF said /
treaty. and forty acres Of land. includ- |
inr their present residences and improve /
ments. shall he allotted 10 each. to be .
selected. held. and used by them until 4
their rights under said treaty shall be /
determined in such manner as shall be |
hereafter provided by congress"
The Ch0ctsw-Chickasaw treaty. Of 1856 /
81 stat. 759l contained a stipulation 4
under which She Choctaws and Chirka- /
saws were 10 adopt their freedmen with /
limited property rights or upon their
failure 70 % SD within two years 70 /
waive their right 20 the sum Of S2o1 On /
the agreed consideration for certain, lands
IN he coded by said tribes q -ha United /
states. which sum was tn be held bv Tho
United States ir trust fo- the uza and
baneft OF said freedmen. Neither t~ibs
adopted their freedmen rs therein Dr,-
Nided within the time specified The
Choc'aw legislature. however rassa7 ar,
oct Nav q 1852. adopting THEW freedmen
under a provision Of the Indian apnro-
rriation hin of Nav =. 1859. 90 stat
~
The Chirkasaws had in 1873. ten wears
earlier. passed m act "to adopt the ne.
Froes Of the Chigkasaw Nation" hrt
the approval 81 the United States was
70. given - this LEGISLATION untsi ArpDs+ /
=. $50; t2S stat 2Q0 twenty wears rs.,. (
i the meantime the Chiekl-s7ys evn9-i-
e~ce5 q change of sentiment and -,.-f,.
Ire act ~ Abortion is no .fsuud a. have
been specifically repealed. repeated rs.i-
tons were mode 20 the government =.
remove he freedmen with declarations
mat 81 was rot their desire 70 a6a7. /
Them. This desire wss further evidenced .
ny refusal anon che Ua-- os -,,- .~1-s-, T