The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-01-03
ATTORNEYS AT ARDMORE.
Decide to Seek Relief from Congress
in Citizenship Cases.

South McAlester, l. T., Jan. 2.-Attorney
identified in the citizenship cases Of the
Choctaw and Chickasaw nations as coun-
sci for a number of people who were ad-
mitted to citizenship by the federal court
decisions, but recently deprived of their
rights as such by the sweeping verdict OF
the new Observation-Disclosures citizenship
court. was in South McAlester yesterday
evening When his attention was called
10 an editorial squib in a local paper pre-
dieting that the citizenship attorneys in
tended to seek escape from the new citi-
zenship court by asking congress for
special act permitting an appeal to the
supreme court, Mr.. Rails acknowledged
that such a step had been decided upon
Il am just from Ardmore," he said,
where about twenty attorneys represent
ing the bulk of the citizenship cases in
the two nations, met for the purpose OF
comforting on the next step advisable In
the future conduct of our litigation. AT
this meeting it was definitely decided th;!t
no appeals in the cases recently decided
by the court would be taken. In short,
we will not have anything further to do
with the new ChoctawC Chickasaw citizen
ship court We believe that if we should
appeal the same fate would je met by
every case considered as was meted out
in the recent test suit.
We propose TO ask congress to pass a
special act authorizing an appeal from
the Choctaw -Chickasaw citizenship court
in the test suit. on the ground that the
courts decision on the two issues in
volved was in direct conflict with previous
decisions on those questions rendered by
me supreme court. We shall ask that the
supreme court be authorized to review the
action of this citizenship court-not to
go into long details, but simply to con-
slider the pleadings and law brought on
the two questions involved, which were:
Had the federal courts authority to try
the citizenship cases de novo?' Second.
Was notice to 9th nations necessary when
the action was brought?'
In case the present. congress refuses to
permit the special act you suggest to be
enacted. what course would you pursue?"
asked the reporter.
In that event We hope to tack such n
rrivision onto the Indian appropriation
bill
by the refusal of the attorneys of
whom you speak to take advantage of
the appeal permitted through the act
creating the citizenship court will not
that rob the court of most all the litiga-
ton which might come before it?''
''Our refusal to have anything more 20
do with that court means that all the citi-
zenship cases represented by the attor-
neys in the agreement-and that is practi-
cally all of them-will remain in status
QUO pending our request for congressional
relief. while the cases which were reject
ed in the federal courts viii doubtless
avail themselves of the opportunity 20
have their cases retired by the new
court. In this connection there arises an
interesting point. The treaty which Great
ed the citizenship court provides for the
filing of appeals within six months from
the final ratification thereof. Now, here
arises n point which will he watched with
interest Was not section - of the treaty
which created and defined the duties Of
! the court-so construed as 10 become ef-
fective Immediately upon rs passage by
congress, without waiting for the ratifica-
( ton by the two tribes? Did not the court
+ organize before the treaty was voted upon
/ thereby showing that the government
was not inclined TO wait for ratification
| to determine whether or not the court
was to be founded? As this is true. the
| establishment OF the court settles the
question Of whether or not the six months
( limit in which appeals shall be filed dates
/ from the passage Of the act by congress
and not from the date Of ratification By
the tribes. The six months from date
! OF passage by congress expires today
and our opinion IS that only the cases II
which appeals have been filed prior I.
and including today VIII be tried by the
court II the court holds that the 81,
months specified in the treaty means si1
! months from the ratification. then the ap
reals can ne filed up 20 March - II tn
court decides that the same act which
warranted its early organization applies Z
its duties. then oily the few appeals Al
ready fled VIII be tried. aad the cour
will DC OF short life.