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Show 148 REPORT OF THE COMMSBIONER OF INDIAN AFFALE8. Q. What month did you come?-A. January, 1898. Q. On last Jannaryl-No, sir; it was last January a year ago. Q. Wheredid you come from?-A. We m e fr om Texas. Q. You were born and raised in Texas-A. I was born in Tennessee. Q. What time did you go to Texas?-A. I don't remember now. Q. You were born in Tennessee and lived in Texas pretty much dl your life?-A. We lived in the Territory a while. Q. When?-A. In 1873. Q. How long?-A. About two years. Commissioner MCKENNONA.s you are not on the rolls, the Commiasiou has no authority to enroll you. Your enrollment is therefore refused. In its report the commission took the position that it was the duty of all applicants to appear in person and be examined under oath by the commission; that the statements of the applicants and theirwitnesses should be taken down and a record of the facts made, and that it was not the duty of the commission to receive and file written applications and %%davits. The regulations approved August 8,1899, directed the commission to "require each applicant for enrollment to present him-self in person before the commission at one of its appointmentswithin the tribe," etc. The last paragraph of section 21 of the Curtis Act is in the following language: The members of said commission shall, in performing all duties required of them by law, have authority to administer oaths, examine witnesses, and send for persons and papers; and any person who shall willfully and knowingly make any false affi-d a ~otr o ath to any material fwt or matter before any member of said commission, or before any other officer authorized to administer oaths, to any &davit or other papper to be filed or oath taken before said commimion, shall be deemed guilty of per-jury, and on conviction thereof shall be puniehed as for such offense. Office report of November 15,1899, took the position that under the law it was the duty of the commission to receive and file "all a5davih and other properly executed papers tending to establish or disapprove any.applicant's right to enrollment," and that from the language of the paragraph of the act above quoted "it would. seem that said duty was not discretionary, but obligatory." Though there appeared to be a wide diversity between the allegations contained in the petitions and the sworn testimony given by the applicants as shown by the commission's report, this subject was not discussed, the cases being transmitted to the Department simply for the purpose of determining whether or not the wmmission had made such a record in the cases as would enable the Department to determine their respective rights when the rolls were finally submitted for approval. The Department, December 28, 1899, returned the petitions to the commission and invited its attention to Department letter of December 26, 1899, in the John Skaggs case, and directed the commission to govern itaelf accordingly. Agreements negotiated.-In September, 1897, the commission entered into an agreement with the Creek Indians relative to the distribution of their lands in severalty, which agreement was ratified by Congress, but was not confirmed by a majority vote of the Creek Nation. Suhse- |