The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1904-02-29
A RELIEF BILL
BAILEY INTRODUCES BILL FOR
RIGHT OF APPEAL,
Certain Applicants for Enrolment on
Tribal Rolls Will Be Allowed an
Appeal to District Courts Of
the Indian Territory.


Washington. Feb 27-senator
Bailey has introduced In the senate a
bin for the relief of certain Indians
| Jy appeal from the commission to the
| i've civilized tribes to the United
states courts. TIE bill provides thai
the right Of appeal is. and shall be.
allowed. to either party. plaintiff or
| defendant, to the United states dis
I trict courts OF the Indian Territory
| Of either the Choctaw or Chickassw
natioas from the decision OF the COM
ission To the Eve civilized tribes and
| the sccretarv OF the interior IN the
! several consolidated cases of 5. n.
Gaines and others, OF Mary T. John
son, of John Scarborough and others.
%, Winnie Riddle and others. OF Sall.e
Bergman and others. Of Victoria Boyd
and others. OF Mamie Dauuam and her
brother John Scarborough and others.
Of r c. Barron and others. of Susan
Jester and others, of Nancy Cummins
and others. of j. y Clark and others.
! OF j A. Cummins and others. of Jos.
T.. Nixon and others OF Enoch =.
James and others. Of NJ. T.. Hale and
others. OF Mrs. 4. j. Mann and others.
| OF Mary A. G. HerMck and others. OF
Louis Woodward and others and of
| George Nading and others. all apph-
cants before the commission to the
five civilized tribes for Identification
and enrolment upon the final rolls OF
tire Choctaw and Chickasau nations.
Indian Territory
The United States district courts al
the Indian Territory Of either the
Choctaw or Chickasaw nations is here
by authorized and empowered to en-
tertain an appeal in the foregoing
named cases ana 20 near and deter
mine as TO the righ! of said parties
the said tribes on the final rolls Of
said nations, as per the treaty of 1850
with said nations, commonly known as
the Dancing Rabbit Creek treaty"
Said cases shall be heard and de
termiued in said courts by the records
as made and evidence introduced be
fore the commission and in accordance
with the treaties of the Chcctaw ma
tion or tribe Of Indians with the Unit
ed States in 1880 and 1886 and all
laws of congress not inconsistent with
said treaty.
Said court shall give due credit and
consider all affidayts, depGsitions and
evidence now on file before said com
mission in said case or cases; provid-
ed, that if any testimony filed or of.
forcd to be filed by either party TO
said suit be missing from said records
tEen and i'm tnat event the filing with
,faid court, the ailidavits of said par.
ties or their attorneys of record or
the filing or offering for filing such
aflidavits or dCpusitions, said parties
so offering to file such evidence or
filing same shall be permitted to sub.
stitute said evidence by filing the
evidence of said anew. or if the wit.
nef,s be deau by the party or his at
torney filing suit as to the facts con.
, tanned in said affidavits or dispositions
said proof shall be considered as
, original testimony.
Either party filing motion for ap
peal within ninety days from the pass
age OF this act with the United Stateli
district court of the Indian Territory
said court shall have issued notice
10 the secretary cf the interior com
missioner of Indian affairs, and to
the commission to the five civilized
tribes of the filing Of said motion and
commanding them to at once certify
to and forward all the records in the
case or cases, as stated in said notice
to the United States district court oI
the Indian Territory from which said
notice issued within thirty days OF
service of same.
Said notice may be served through
the United states mail by registerinl
same, ana the registry receipt of the
postohlce shall be conclusive evidence
of the service OF same
, said cases shall be docketcd on IN,
dockeJs of said court, and tried anC
q, disposed of by said court as early a,
practicable.
Said court is hereby empowered t,
enforce its orders and DEGREES by pro
cess or punishment for contempt
> a in other civil cases before saiC
n court
If the court finds the applicant oI
any OF the parties to the case above
5 named entitled TO enrolment as citi