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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1903, Part II

Report of the Commission to the Five Civilized Tribes,   pp. 1-190 ff. PDF (101.5 MB)

Page 22

The following table shows the total number of persons whose appli- 
cations for enrollment await final action by the Commission or by the 
Department and their classification: 
On regular cards. 
Citizens of Cherokee or Shawnee blood----------------------------.3, 828
Intermarried whites.   .      .      .      ..------------------------------------------
Delaware-Cherokees.  .     .      .     .     ..------------------------------------------
Freedmen.       .        .       .       ..----------------------------------------------------571
6, 756 
On doubtful cards. 
Citizens of Cherokee or Shawnee blood-----------------------------2,427 
Intermarried whites.    .       .       ..-------------------------------------------534
Delaware-Cherokees-------------------.--------------------------- 31 
Freedmen.      .      .      .      .      ..--------------------------------------------------
NOTE.-The above includes those embraced in the general applica- 
tion of June 30, 1902, many of whom will doubtless be found to be 
dead or can never be identified. 
On rejected cards 
Citizens of Cherokee or Shawnee blood----------------------------- 50 
Intermarried whites.      ...--------------------------------------------
Freedmen  .      ...                    ..----------------------------------------------------
Memoranda cases (act of May 31, 1900)-----------------------------------.
Total  ------------------------------------------------------13,429 
Inasmuch as it is impossible to make final allotments of land to 
Delaware Indians until their suit now pending in the Supreme Court 
of the United States has been finally determined, the names of this 
class of Cherokee have not been placed upon the schedules or partial 
rolls of citizens forwarded to the Secretary of the Interior. The suit 
in question was brought by the Delawares for the recognition of their 
claim to certain lands in the Cherokee Nation over and above their 
pro rata share as Cherokee citizens. Early in the present calendar 
year the Court of Claims rendered a decision adverse to the complain- 
ants, and appeal was thereupon taken to the Supreme Court, where 
the case is still pending. 
During the past fiscal year the Commission continued the work of 
deciding contested Cherokee cases.   In this work many perplexing 
problems were encountered. A brief review of one or two cases will 
serve to illustrate some of the complications presented. 
The question as to forfeiture of citizenship by removal from and 
residence without the nation, and what law governed the subject, was 
long a vexatious one, rendered more difficult of solution by the char- 
acter of the evidence involved in the cases where it arose. It was at 
length practically settled by the decision of the Department in the 
cases of Scott A. Yeargain et al. (Cherokee, 6425), and Joseph D. Year- 
gain (Cherokee, D 937). The applicants in these cases were born within 
the Cherokee Nation and duly enrolled upon the several tribal rolls. 
They had, however, in 1895 and 1896, respectively, removed to South- 
west City, Mo., just beyond the border of the Cherokee Nation. From 
that time to the date of their anplications for enrollment they lived in
Missouri and were residing there on June 28, 1898, the date of the 
passage of the Curtis Act. (Appendix No. 1, p. 62.) Some of them 

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