The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-09-29
SECRETARY CITED
TO SHOW CAUSE
Petition to Compel Secretary Of IN
terror to Place Percival Family
on Rolls of Choctaw Tribe.

Washington, D. C., Sept. 23-Chief
Justice Clabaugh of the supreme court
of the District of Columbia has issued
a rule on Secretary of the Interior
Fisher requiring him to show cause
october 9Th, why he should not be com.
PEELED to place on the rolls of the Choc.
taw tribe of Indians by blood the
names of Jesse Perciyal, at present
an adult, and Taylor, Forest, Katie.
Rebecca and Narcissa Perciyal, min.
ors. The Preciyal family it is alleged
trace their resent from a Choctaw
grandmother who with her descend
ants have been recognized as Choc-
taws ever since before the removal Of
the tribe west of the Mississippi river
All of the Percivals were born in the
Choctaw Nation subsequent to the
marriage of their parents there in 1884
and the petition alleges they contin-
uously resided in the Choctaw Nation
The petition recites that the Dawes
commission without any hearing in
1896 declined to put their names on
the department rolls because their
names did not appear upon any of the
Choctaw rolls in it's possession The
petition alleges the Dawes commission
did not have all of the rolls of the
Choctaw Nation in its possession in
1896 and that the Choctaw census cit
izenship committee for Atoka county
in 1896 placed their names on the rolls
as recognized citizens, and that the
revisory council of the Choctaw Ma
ton in January, 1897 affirmed this ac-
tion and their names were placed on
the Choctaw census rolls.
1t is alleged that the claims of the
petitioners were thoroughly heard and
adjudicated under the Curtis act Of
1898, with the result that the Dawes
commission decided they were entitled
to enrolment and placed their names
on the rolls for the signature of the
secretary of the interior 1t is alleged
that notice Of this action was given
to the Choctaw Nation and that it
took no appeal from the decision of
the Dawes commission. The petition
asserts that under the rules and reg
llations of the department this action
became final in view of the fact that
there was no appeal taken by the ma
ton, but it is alleged that at the time
the roll came before the secretary of
the interior for his signature ATTORNEY
General Bonaparte in another case. to
which the Percivals were not parties,
held that where the Dawes commission
N 1896 had denied enrolment it was
without jurisdiction later to consider
The case of any applicant under the
aW of 1898 or any later act of con
sress, Notwithstanding they might be
upon tribal rolls. It is alleged that
any notice and opportunity to
be Percivals to show that they did
not come within this decision of the
attorney general, Secretary Hitchcock
the rolls containing their
names "Disapproved. It is sought by
nandamus to compel the secretary of
he interior to erase the word Dis
approved" and insert the word can
proved"
The applicants have applied for all
otment in lands to be sold at Box
IONA, Oklahoma, the last of October,
md the mandamus proceedings fur
her seek to compel the secretary of
he interior to allot to the parties nam
ID the lands they have selected.
The action has been taken at this
ime by the Percivals in order to pre-
'ent the loss of the valuable rights
which would accrue to them in the
went a sale of the lands was effected
'rior to their having taken legal pro-
eedings.
The supreme court of the District
# Columbia issued the rule upon the
DUPLICATION of Happier & Merillat and
ames K. Jones, of Washington. d. c..
md Apple & Franklin, of Ardmore.
Okla, as attorneys for the Percivals.