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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1904, Part II

Report of the Commission to the Five Civilized Tribes,   pp. 1-198 ff. PDF (110.1 MB)

Page 9

ninety days thereafter by any party thereto who'is thus deprived of a favorable
judgment upon his claimed citizenship, be transferred and certified to said
zenship court by the court having custody and control of such files, papers,
proceedings, and, upon the filing in such citizenship court of the files,
and proceedings in any such citizenship case, accompanied by due proof that
notice in writing of the transfer and certification thereof has been given
to the 
chief executive officer of each of said nations, said citizenship case shall
docketed in said citizenship court, and such further proceedings shall be
therein in that court as ought to have been had in the court to which the
was taken on appeal from the Commission to the Five Civilized Tribes and
if no judgment or decision had been rendered therein. 
SEC. 32. Said citizenship court shall also have appellate jurisdistion over
judgments of the courts in Indian Territory rendered under said act of Con-
gress of June tenth, eighteen hundred and ninety-six, admitting persons to
zenship or to enrollment as citizens in either of said nations. The right
appeal may be exercised by the said nations jointly or by either of them
separately at any time within six months after this agreement is finally
In the exercise of such appellate jurisdiction said citizenship court shall
authorized to consider, review, and revise all such judgments, both as to
ings of fact and conclusions of law, and may, wherever in its judgment sub-
stantial justice will thereby be subserved, permit either party to any such
to take and present such further evidence as may be necessary to enable said
court to determine the very right of the controversy. And said court shall
power to make all needful rules and regulations prescribing the manner of
ing and conducting said appeals and of taking additional evidence therein.
Such citizenship court shall also have like appellate jurisdiction and authority
over judgments rendered by such courts under the said act denying claims
citizenship or to enrollment as citizens in either of said nations. Such
shall be taken within the time hereinbefore specified and shall be taken,
ducted, and disposed of in the same manner as appeals by the said nations,
that notice of appeals by citizenship claimants shall be served upon the
executive officer of both nations: Provided, That paragraphs thirty-on:e,
two, and thirty-three hereof shall go into effect immediately after the passage
of this act by Congress. 
SEC. 33. A court is hereby created, to be known as the Choctaw and Chicka-
saw citizenship court, the existence of which shall terminate upon the final
determination of the suits and proceedings named in the last two preceding
tions, but in no event later than the thirty-first day of December, nineteen
hundred and three. Said court shall have all authority and power necessary
the hearing and determination of the suits and proceedings so committed to
jurisdiction, including the authority to issue and enforce all requisite
process, and orders, and to prescribe rules and regulations for the transaction
of its business. It shall also have all the powers of a circuit court of
United States in compelling the production of books, papers, and documents,
the attendance of witnesses, and in punishing contempt. * * * 
The court thus created for the purpose of readjudicating the cases 
of so-called " court citizens " rendered a decision on December
1902, in a test case styled "The Choctaw and Chickasaw Nations or 
Tribes v. J. T. Riddle et al."   This d cree had the effect of nullify-
ing and vacating all judgments theretofore rendered by the United 
States court in Indian Territory, under the provisions of the act of 
June 10, 1896 (Appendix No. 1, p. 54), admitting applicants to citi- 
zenship in the Choctaw and Chickasaw nations. 
In its opinion in the case cited the court used the following lan- 
Owing to the manner in which the lands are held by the two tribes, notice
to both tribes was indispensable, and, being further of the opinion that
the pro- 
ceedings of the United States courts in the Indian Territory, under the said
of June 10, 1896, should have been confined to a review of the action of
Commission of the Five Civilized Tribes upon the papers and evidence sub-
mitted to such Commission and should not have extended to trials de novo
the question of citizenship, we are of opinion, on account of the errors
out, that the judgments rendered by the United States court for the Indian

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