The Daily Missoulian., 1909-11-07

posing the Choctaw community when
the treaty of Dancing Rabbit creek was
4 signed. and for their descendants. In
1887 the chickasaws acquired practi-
cally a similar right in their grant.
! During the last Is years congress
1 has iegislated to allot in severalty the
members of the two tribes. The COM
mission To the five civilized tribes
was appointed to supervise the origi-
nal enrolment. II is claimed that
agreements entered irto between this
commission and the national Indian
councils We're Unconstitutional and void
because thev were not ratified by n
| majority of the members of the desig-
mated class referred to originally.
The case was first heard before
Judge r. f Campbell in the United
States court for the eastern district
of Oklahoma in the summer of 1908.
Tho court held that the right of any
individual TO share in the lands and
moneys of TIE nations depended upon
his membership in either Of the tribes
and that the determination of such
question of membership rested solely
with congress and such agencies as
congress might employ. As congress
had provided that the tribal rolls when
approved by the secretary of the inte-
rior shot Id be the evidence of such
right to membership, ard as the secre-
tary of the interior had acted in the
matter. excluding the plaintiffs. il was
the opinion of the court that this ac-
tion was final and should not be re-
viewed. and the appeal. IL any. was to
Z lat. 4
to the ruling of the United States
court. taking their case tn the supreme
court of the United States.
The commission to the five civilized
tribes was abolished in 1905. and the
remnants of Its affairs given in charge
Of a single commissioner. with in
structions to finally wind up tribal
matters.
The Indians of the Wisconsin Win
nebagn tribe recently have had reason
to believe that their annuity moneys
are being tied up needlessly, and that
theirs is the lot of all who suffer from
departmental red tape. The congress
sional committee now engaged in cOun-
Gil with these Indians is looked to for
aid, since. owing to crop failures, the
tribe Is in poor shape to face the wins
ter months, and perhaps at this time
1t will be shown to the needy ones
that the withholding of their annuity
| payments. which are usually made In
| November, Is the result of congress
sional action. and that little help can
he extended when such an edict goes
! forth.
During the second session of the six
tieth congress a resolution was passed
authorizing a congressional investiga-
tion OF the affairs OF the Indians In
Wisconsin. Pending the final report oi
the appointed committee. which ID
headed by Senator Ia Toilette, the Sec
retary of the interior and the office nj
Indian affairs have had to suspend the
approval of any roll. the making of al
lotments and timber contracts for the
Indians in that state. The WinnebagC
trust amounts to &SS3. 3.249.5S. and be-
longs to the Nebraska and Wisconsin
! branches of the tribe jointly. The act
of March 3. 1909. authorizes paymen,
to the Nebraska branch of it's share
as soon as new enrolment Of the
Wisconsin winncbagoes is made. and
it also 'provides that the funds to the
credit of the wisconsin Indians shall
be held I'm the treasury pending fur.
ther legislation. Therefore. congress
did not authorize the paying over oi
the entire amount held in trust fol
| these Indians. Out of 1his situation
came the rumor that annuity payment
had been discontinued. As congress.
has provided that the money shall
draw interest at per cent. and as this
interest for the first six months viii
| not be available Until January /, 1910
annuity distribution must go over un.
! til that tine.
| As nearly three billions pieces oi