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

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


Page 10

10      REPORT OF THE SECRETARY OF THE INTERIOR. 
ritory under the act of June 10, 1896, upon appeal from the Commission to
the 
Five Civilized Tribes, in favor of the ten defendants named in the bill,
as well 
as to those who have come in and made themselves parties defendant and all
persons so situated, should be annulled and vacated, and it is therefore
so 
ordered. 
By this decree all persons admitted to citizenship in the Choctaw 
and Chickasaw nations by judgments of the United States court were 
deprived of their status as such citizens. The law provided, however, 
for the certification to the citizenship court within a specified time of
the records in the cases of persons so deprived of favorable judgments 
and the trial of their cases de novo by the latter court. Provision was 
also made for appeal to the citizenship court by persons who had been 
denied citizenship in the Choctaw and Chickasaw nations by the 
United States court under the act of June 10, 1896. (Appendix No. 
1, p. 54.) 
Within the time prescribed by law for the certification of such rec- 
ords to the citizenship court and the perfection of appeals thereto 
there were transferred to the dockets of said court for trial de novo 
259 cases, including the applications of 3,520 persons. These cases 
were entered upon two separate dockets. Those appealed from the 
United States court for the central district of Indian Territory, num- 
bering 128, were entered upon what is known as the South McAlester 
docket, while 131 cases appealed from the United States court for the 
southern district of Indian Territory were placed upon the Tisho- 
mingo docket. 
It has been the policy of the citizenship court to hear the evidence 
in cases upon the South McAlester docket at South McAlester, in the 
Choctaw Nation, while the cases upon the Tishomingo docket have 
been tried at Tishomingo, in the Chickasaw Nation. 
At the beginning of the year the citizenship court was located at 
South McAlester, but in the latter part of April the taking of testi- 
mony in the cases appearing upon the South McAlester docket was 
finished and the court removed to Tishomingo for the purpose of try- 
ing those cases entered upon the Tishomingo docket. It is understood 
that the taking of evidence at Tishomingo has also been completed. 
Up to the close of the past fiscal year the Commission has been sup- 
plied with certified copies of the decrees of the citizenship court in 133
cases., These decrees adjudicate the rights to citizenship in the Choc- 
taw and Chickasaw nations of 997 persons, 106 of whom have been 
admitted either as citizens by blood or intermarriage; the applica- 
tions Of 790 persons have been denied, while the applications of 101 
were dismissed. There are still pending before the citizenship court 
the applications of 2,523 persons for admission to citizenship in the 
Choctaw and Chickasaw nations. 
The opinions of the citizenship court upon the leading questions 
involved in the cases tried before it are appended hereto. (Appendix 
No. 3, p. 126.) 
PROCEDURE AFFECTING THE CITIZENSHIP OF PERSONS WHOSE RIGHTS ARE DEPENDENT
UPON ACTS OF ADMISSION OF THE CHOCTAW NATIONAL COUNCIL, THE CHICKASAW 
NATIONAL LEGISLATURE, AND THE DECISIONS OF THE UNITED STATES INDIAN AGENT
ON APPEAL FROM ADVERSE ACTION OF THE CHOCTAW NATIONAL COUNCIL. 
On July 8, 1903, the attorneys for the Choctaw and Chickasaw 
nations addressed a communication to the Commission requesting 
that no further action be taken with respect to the enrollment of per- 


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