The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-03-01
OBJECTIONABLE SECTION TEXT
what Hitchcock Didn't Like ia ChOc-
faas- md lll clsnaass- TREATY

taxy and "a ciasasy Treaty.
Washington. Feb %. Following is the
/ text Of section Of the agreement be-
tween the Dawes commission and the
+ Choctaw and Chickasaw nations recently
I sent to the secretary Of the interior and
by him transmitted to congress with his
objections. The section has eXcited con-
siderable interest and has been the sub
ject of inquiry from numerous attorneys
and others interested:
1T being claimed and insisted by the
Choctaw and Chickasaw nations that the
United States courts in Indian Territory,
acting under the act Of congress, apTrcv-
ed June TO- 1896, have admitted Persons
to citizenship, CT to euro1lmeqt as such
citizens, in the Choctaw and Chickasaw
nations, respectively without notice Of
the proceeding in such courts being given
TO each Of said nations, and it being in
sisted by said nations that in such pro-
ceedings notice to each of said nations
was Indispensable, and it being desirable
to finally determine this question, either
Of said nations may, within ninety days
after this agreement becomes effective,
by q bill in equity filed in the United
States court for the Southern district of
Indian Territory, seek the annulment and
vacation of all such decisions by said
courts The other Of said nations shall
be a party defendane to such suit and
ten persons so admitted to citizenship or
enrolment by said courts. with notice to
one but not to both of said nations, shall
be made defendants to said suit as rep
resentahyes Of the entire class CT persons 4
similarly situated, the number OF SUI
persons being too numerous TO require all
of them to be made individual parties to
The suit; but any person 50 situated may,
upon his application. be made a party de-
PENDANT to the suit
Notice of the institution of said suit
shall be personally served upon the chief
executive Of the defendant nation and
upon each Of said ten representative de- /
PENDANTS, and shall be published for a
period of four weeks in at least two week /
~ newspapers having general circulation !
in the ChOctaw and Chickasaw nations /
such notice shall set forth the nature and /
prayer of the Dill. with the time for ans /
wering the same, which shall not Zee less /
than thirty days after the last publica- |
ton. Full jurisdiction and authority 10
entertain said suit and finally determine /
said question is hereby conferred upon I
said court. Any party feeling aggrieved |
by the decision Of said SQUIRT may appeal /
directly to the supreme court Of the (
United States within ninety days there
after. Said suit shall take precedence on (
the docksts of both courts and shall be
determined at the earliest practicable +
time. said suit shall be confined to a
final determination Of the question OF law
here named. and shah be without preju-
dice TO the determination ~ any charge
or claim that the admission Of such per
sons TO citizenship or enrolment by said
United States courts in Indian Territory
was obtained 10y fraudulent practices.
In the event it shall be finally deter
mined that the courts in Indian Terri
tory were without Jurisdiction to ADMIT
persons to citizenship, or To earollment as
citizens in either Of said nations, in the
absence of notice Of such court proceed
.rgs 70 both nations. all pers who are
thus deprived Of favorable judgment
upon their citizenship. may, at any rme
within ninety days from the time such
question is SO finally determined. apply
to the commission 10 the i've civilized
tribes for ADM ssiln u citizenship or 10
enrolment as citizens IN the Choctaw ara
ChickasaW nation. ard the commission
shaA speeoiiy and finally determine the
merits II such applications, subject TO
lhe approval of the secretary of the in
-arior
The United States courts in Indian
Territory shan have fuH jurisdiction Of
suits &c annu and vacate judgments of
sueh courts under the act Of congress of
Iuns lo 1850 admitting parsons u citizens
snap Or 70 enrolment rs citizens -n either
e SAID nations where ii is charged ana
Stained that such judgments were OBTAIN
e. oy fraudulent practices. bur su-h suits
"a monty bs Instituted by one or ths othe
. st3 nations before sentemtes & ta
5rcn suits SHAH take precedence up3a the
i5cSets g said courts ard shat. Re as
dry determined as may 81 ists-t
Fl-h due consideration u TIE rights q
~ zarties.