The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1907-05-27
FILED TODAY IN SUPREME
COURT OF UNITED STATES.
INDIAN citizenship CASES
Attorneys Seek to Compel Secretary
Of Interior to Erase from Rolls
Of Membership Of Five Tribes
Certain Statements.


| Ardmoreite Special
Washington, u. c.. May 27.-Addl.
tlonal mnnlamus proceedings were
/ filed in the Supreme Court Of the Dis
! trict of Columbia today by Mcssrs
| Happier a Mcrrillat and James K
Jones, attorneys Of Washington. ID. c..
seeking to compel the Secretary Of
| the Interior to erase from the rolls
! Of membership Of the Five Civilized
| Tribes certain statements placed
thereon by Secretary 1h,chcock in
the closing days of his administration
directing the cancellation of the en-
| rollmcnt Of their clients. except in
| the case of one Of the persons. Al.
! bert Rogers. Cherokee freedman.
/ all these names were stricken from
the rolls without any notice by the
Secretary Of the Interior on the
| ground that he had made a mistake
| originally In Ordering their enroll
mont the Secretary holding that it
/ an opinion rendered by Attorney Gen.
| oral Ronapart was correct then he had
been wrong for several years in order.
ing various persons placed on the
rolls. The person IN whose behalf
/ action Is take are John Quincy
Adams, an intermarriod Chickasaw.
August Klugh, Charles \. Woodward
ana Henry c. Cummings. intermarri.
I'd Choctaws, Nellie f. Beagles. a min.
or and Choctaw by blood, James S.
Joseph. Forbis. and Francis Long.
Choctaw freedmen, and Albert Rog.
eis, Cherokee freedman.
The actions filed by the Washing
ton attorneys were taken in connec-
ton with the local attorney In the
Indian Territory for the parties nam.
cd.
Attorney Charles II. Mcrrillat of
Washington, in an interview regard
Ing the filing Of these suits said
we have endeayored to devise
some means whereby a perfect protec-
ton could be afforded our clients,
and likewise the number Of manda.
mus suits instituted might he reduc
"a to a very few, these few to serve
rs test suits in behalf OF all the par.
tics. But. upon a very careful consld.
Grafton uf the law and of the situa.
ton. Of our several clients, we ascer.
tanned that such a course was not
practicable nor possible. and that If
our clients were to be properly pro.
tectcd In what we believe to be their I.
that We should file separate manda |
mus Proceedings in behalf of each ap.
plicant The Supreme Court of the .
United States has settled the law as
holding that mandamus is personm .
matter, ana that separate actions
must be- taken in behalf Of each per.
son who claims his rights to have
been invaded
We have heretofore filed a number
of suits in behalf of persons whose
names We contend were arbitrarily
stricken from the rolls by Secretary
Hitchcock In the closing days Of his
administration. We expect to win
Those cases. and We had under con
silcration the entering into a stipulat.
tion with the Secretary Of the lnteri.
or whereby tests might be- made as 10
certain of these suits, and the rights
re- the other persons stricken from
the rolls made 10 depend uran the re
suit 1f these suits ~ was folgl.
however that no stipulation entered
into hy the Secretary could Doe bind.
iug on an successive Secretary. or
could Dee binding upon CONGRESS an 1
hat the only cffcctual means Of pro.
lection lay in the courts. There Is.
NJ course. great danger that where
court PROCEEDINGS have not been filed.
Congress may in the future pass some
legislation adverse 10 parties whose
names are stricken from the rolls II
he court however. orders the rcstor
alton 10 the rolls, then the matter Is
aiken out Of the possibility Of ad- !
verse Congressional legislation. We
lnow that certain interests. especial
y In the Cherokee nation. and to
'omc eNtcnt among the Choctaws, are
working TO have the rolls closed
against those persons whose enroll.
nents were cancelled. The fight for
H..
Is everybody knows there have been I
/ great many unexpected cOmplica. Il
ions in these cases. and parties who q
loemed their rights secure have s
ound that by one means or another .
hey We're deprived of their rights.
Ne, therefore. reached the conclusion
hat the best and most effectual [