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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 11

COMMISSION TO THE FIVE CIVILIZED TRIBES. 
sons relying upon acts of admission of the Choctaw national council, 
the Chickasaw legislature, or the United States Indian agent until 
the status of persons of identical ancestry or family relationship had 
been determined by the citizenship court. No action was taken upon 
this request at the time of its submission other than to advise the 
national attorneys that further action as to cases wherein decisions 
had not been rendered by the Commission would be deferred until 
their request was finally disposed of. August 15, 1903,.the attorneys 
requested the Secretary of the Interior to direct the Commission to 
comply with their wishes in the matter. This request was denied by 
the Secretary of the Interior on November 18, 1903, and the Commis- 
sion directed to proceed with the enrollment of and allotment of lands 
to such persons as had been duly admitted to citizenship, without 
regard to such decisions as might thereafter be rendered by the citi- 
zenship court. But on December 7, 1903, the attorneys for the 
nations renewed their request to the Department, in consequence of 
which the Commission was directed to suspend action, until further 
notice, as to the class of citizens mentioned. This order remained 
effective until February 24, 1904, when it was rescinded and the Com- 
mission directed to proceed with the adjudication of said applications. 
Thus, final action upon the applications of more than 1,100 persons 
was suspended from July 8, 1903, until February 24, 1904. 
SPECIFIC PROTESTS FILED BY THE ATTORNEYS 'FOR THE CHOCTAW AND CHICKASAW 
NATIONS, UNDER THE AUTHORITY GRANTED BY THE SECRETARY OF THE INTERIOR. 
On September 17, 1903, the attorneys for the Choctaw and Chicka- 
saw nations addressed a communication to the Secretary of the 
Interior wherein they requested that the Commission be directed to 
suspend action in contested enrollment cases pending before it until 
the Choctaw and Chickasaw citizenship court had finally disposed of 
cases presenting analogous questions of law or fact, or where the 
applicants claimed their right to enrollment by reason of being 
descendants of applicants in such court cases. This request was 
granted by the Department on November 18, 1903, with the provision 
that the attorneys for the nations take immediate steps to ascertain 
what cases action should be suspended upon. No protests having 
been filed, however, the Secretary of the Interior, on January 11, 
1904, directed the Commission to inform said attorneys that unless 
specific protests were filed within twenty days the cases would be 
acted upon without regard to their request. On February 6, 1904, 
the attorneys for the nations filed with the Commission specific pro- 
tests, bearing date of January 23, 1904, against the enrollment of 
and allotment of lands to 1,031 persons. These protests affected the 
rights of 120 persons whose final enrollment had been approved by 
the Secretary of the Interior, 75 whose cases were pending before the 
Secretary of the Interior, and 836 in whose cases no action had been 
taken by the Commission relative to their enrollment. 
Mention is made of these facts in order that the unavoidable delays 
to which the Commission has been subjected may, in a measure, be 
understood. It was not until the latter part of the fiscal year that 
the Commission was able to make any substantial progress in the 
Choctaw and Chickasaw enrollment work, but it now seems apparent 
that, if further delays are not met with, all applications for enroll- 
ment will have been disposed of by February 1, 1905. 
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