Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-08-09
THE DAWES COMMISSION.
Its Powers Explained by In
dian Commissioner.

the com missioner OF Indian affairs
regarding the authority Of the
commission to enroll persons
claiming citszenship in either Of
the five civilized tribes.
"The Commission to the Five
Civilized Tribes, Muskoges, !. r.;
Gentleman-After careful consid.
GRAFTON Of the several acts the com.
mission and prescribing your du.
ties, as construed in the opinion
of the assistant attorney general
for this department, dated March
IL, 1899, relative to the enroll
ment of the citizens of the various
five civilized tribes, in the Indian
Territory, the conclusion is
reached, and you are instructed as
follows:
81. The authority Of your com.
mission to enroll persons making
application for the first time, and
not previously recognized as citi
zens, expired with the time limit
in the act of June 10, 1896, and
there now exists no authority in
the commission to enroll any per.
son as q citizen of any of said ma.
tions whose name does not appear
upon some roll of the nation in
which such person may claim
rights of citizenship (and in the
Cherokee nation such person must
show that they had been enrolled
on the rolls designated as being
confirmed in the act of June 2S,
1888, and such as may show that
they are descended from parties
whose names appear on such rolls,
born after the preparation thereof:
also such as may have been ad-
mitted by the commission to en-
rollment under the authority
granted it over the subject in the
act of 1896, above referred to, or
by the courts on appeal from the
commission.
"2. The commission has au.
thority to remove from any tribal
roll all persons whose names were
placed thereon by fraud or with.
out authority of law, and is au-
,borized to enroll only such as
have lawful right thereto, among
whom are those white persons who
are entitled to Choctaw and Cher.
okee citizenship under the laws
and treaties of such tribes.
"3. In addition to your report
Of Mississippi Choctaws identified
by you, already submitted, you
will, where Mississippi Choctaw
Indians or their descendants, may
have removed from the state of
Mississippi to and settled within
the bounds Of the ChOctaw and
Chickasaw country before compile.
ton of the rolls, and appear before
you for identification, make a re-
cord Of the facts, upon their testi
mony taken before you, and that
OF other witnesses when deemed
necessary, with a list of their
names and the names of their
children living with them and born
in lawful wedlsck, and such de.
scription of them as may be neces.
sary for their identification under
the act of congress Of June 2Sth,
1898, and report same through
this office, together with your de.
cision as to their right to identif-
cation as persons coming within
the provisions of article II of the
treaty of 1880, between the Choc.
taws and the United States, for de.
termination by the department.
"The foregoing outlines your
authority TO enroll persons in the
five civilized tribes as citizens
thereof, and describes classes of
persons who, under the law as in.
terpreted by this department, are
entitled to enrolment.
"The rolls as made up by your
commission must, to become final
receive the approval of the secre =
tary of the interior. It will,
therefore, be necessary for you to
make a record in all cases sufi.
cient TO enable this Office and the
department to take intelligent &C.
tion in the premises, and espec.
tally in those cases where your
decision either for or against tb e
right Of any person to have his
name appear upon the rolls is
complained Of.
"For the purpose of this record
you will require each applicant
Ior enrolment to present himself
n person before the commission
1t one OF its appointments within
he tribe In which such applicant
,laims right to enrolment, for ex-
animation, under oath, his state
mania ln hn InLnn hn,rn NM.