The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-14

'EflCIAL Err
eUg rHe GENUINE = mAH'Fo es
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Eoa sAlt By AL paIeeiSTS PICK sos tReSTIls
within the legal meaning of the term
mississippi Choctaws.' And, as they are
residents Of the nation and have their
| homes there, this legislation cannot apply
to them, its terms being limited to those
residing in Mississippi The Choctaws
from Mississippi, who lived in the Indian
| territory, have never been able TO obtain
any relief from the Dawes commission.
| That commission has insisted that it had
no authority to enroll, and, therefore, no
authority to allot them, but in this rec
ommendation for legislation seems to
have forgotten their existence, although
they have been clamoring for recognition
and have been the most active in present
ing their cases to the department Of the
Interior and to congress of any class
of people in the Indian territory
The intermarried white citizens were
fully protected by the Curtis act is this.
that if they were citizens under the Choc-
taw and Chicasaw or Cherokee laws, they
should be enrolled by the commission,
and they went into the courts and settled
their cases by judgments which had he
come final, but legislation is TOW recon-
mended which will unsettle al of these
judgments and compel again to litigate
their causes. And so strangely is this
legislation worded that the descendants
of thee people are in this legislation pre-
vented from acquiring any residesce, and
practically denying the right of inherit
ance by reason of that fact.
This is not all, however. The Dawes
commission has at all times insisted that
it was the court Of primary and final jur-
isdiction in citizenship matters. The de-
partment of ithe Interior has held. over
the instructions of the secretary of the
Interior, that the Dawes commission had
primary jurisdiction, but that they were
subordinate officers to the secretary-that
the secretary of the Interior had the
right to exercise supervisory authority
over the acts of the commission. The
Curtis act provided that the rolls as made
by the Dawes commission should be ap-
proved by the secretary of the Interior
and should then become final. In this
conflict of authority there has arisen the
question whether or not the Dawes COM
mission should make a record in any case
which was rejected and Of what that rec
ord should consist. Upon being instructed
by the secretary to make a record they
proceeded to ask the claimant a few
questions when he appeared before them
and close the same. The claimants for
citizenship desired to present proof of
their genealogy, their residence, their
good faith, their compliance with the
requirements of the law, and as a re-
suit, numerous petitions were filed with
the secretary of the Interior who finally
ordered the Dawes commission to make
such records in order that the department
might intelhgently pass upon each indi-
vidual case.
When the Indian appropriation bill was
under consideration the commission
caused to be inserted therein a para
graph, the apparent purpose Of which
was to stop all applications for citizen
ship at the date of the passage of that
bill, but the real wording under the pro-
cedure of the commission is such that its
decision OF any and all cases which have
not been finally adjudicated by the com
mission and none Of these cases have
been, shall become final. And instead Of
taking any procedure they are seeking
to obtain through congress the lie juris-
diction to say whether a man upon the
rolls or not, whether he ought TO be upon
the rolls or not, and by that decision to
render futile any attempts on his part to
retain either citizenship or his property
It IS not shown that me Chcctaws in
Mississippi are asking any relief. yet the
same is recommended by the Dawes com
mission.
II is known that the ;nter-married citi-
zens Of the Chactaw nation have had all
OF the relief to which they A,e entitled
and are satisfied with the same. YET the
commission asks legislation which would
invahdate court judgments applying 20
these people Il Is a.so known that Mis-
sissippi Choctaws residing in the terri
tory. are seeking relief. and while the
commission in its former report. finds as
a TACT that they are entitled TO IT, the
commission is strongly avelse now %
granting them any method of RELIEF
whatever. And It is claimed by the PEG
pie in that country that this legislation
Is sought for the purpose Of preventing
such remedies as would be proper or
practical in view Of the conditions. Civ
Ing 20 those who do net seek It. = -ighr
% bring suit and deny 70 those who 40
seek it a remedy. under The Euise Of
fairness. clouding the waters and avoid
ing the proper and just issue under the
conditions
The Mississippie Choc,aws residing in
the Indian Territory are undoubtedly
Indians by blood. And they are residents
OF the Choctaw nation in good faith T.
they are not admitted T. citizenship thew
have no place TO g. and. being Indians.
viii become public charges They came
10 the nation not only because they had
d right 70 come there by a. the express
invitation OF the tribe. who went SO far
in the year 1852. as ID mem raUza con-
gross. asking .hem 10 nzke provisions
for the removal OF those who were az
that time residents o. the states q Ms
sisstpp, and Louisiana. and sta..ag me