OCR Text |
Show February 2, 1900, the commission quoted certain part8 of said regulations and stated that "the opinion quite genemlly exists that the Secretary has no authority to make such a ruling, and that the approval of the Secretary is not essential to the legality of such con-tracts," and the commission requested to be furnished with a legal opinion on this point, or that other steps be taken by the Department to dissipate the existing impression. This office recommended, February 7, that such opinion be furnished and February 14 the Department referred the matter to the Assistant Attorney-General. April 4, 1900, the Assistant Attorney-General rendered an opinion (approved by the Department on the same date) which concludes as follows: After a careful study of this matter I have not found any provision of law that in terms or by necessary implication directs that a contract for the renting of lands aelected as proposed allotments shall he subject to the approval of the Secretary of the Interior. Since the date of that opinion no contracts covering prospective allotments of any citizens of the nations have been submitted to the Department for approval. Applications for enrollment.-The Indian appropriation act approved May 31, 1900 (31 Stats., 221), contains the following provision: Said commission shall continue to exercise all authority heretofore conferred on it by law. But it shall not receive, consider, or make any record of any application of anv Derson for enrollment as a. member of any tribe in Indian Territory who has tary of the Interior: ~l.ouided,-That any Mississippi Choctaw, duly identified as such by the United States Commimion to the Five Civilized Tribes, shall have the right, at any time prior to the approvalof the final rolls of the ChocttLws and Chickasaws by the Secretary of the Interior, to make settlement within the Choctaw-Chickasaw country, and on proof of the fact of bona fide settlement may be enrolled by the said United States commission and by the Secretary of the Interior as Choctaws entitled to allotment: I4ouided jur-thpr, That all contra& or agreements looking to the ssle or incumbrance in any way of the lands to be allotted to said Mississippi Choctaws shall be null and void. June 19,1900, the commission transmitted to the Department papers from which it appeared that on June 12, 1900, Charley C. Yeiser appeared before the enrolling member of the commission, at Colbeit, Chickasaw Nation, Indian Territory, and made application to be enrolled as a citizen by blood of the Choctaw Nation, whereupon the following record in the case was made: DEPAETMEONPT T HE INTERIOR, C om~ s s r oTO~ T EE FZVEC IVILIW TRIBES, Colbert, Ind. T., Jwm I#, 1900. In the matter of the application of Charles C. Yeiser for enrollment a4 a citizen by blood of the Choctaw Nation. R., 578. Charley C. Yeiser, being firat duly sworn by ~ c t l Cnh~air man Bixby, testified as follows: Q. What is your name?-A. Charley C. Yeiaer. |