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Show "has not been a recognized citizen" and "duly and lawfully enrolled or admitted as such," except in cases otherwise provided for in the act of June 28, 1898 (30 Stata., 495), and has made a proper memomdum, its investigation should cease, and the memorandum, together with any evidence upon which the commission has based its rejection, should be transmitted to the Department in due time, provided the party indicates s desire to have you pursue that course. Cases not transmitted to the Department in proper condition will have to be remanded, and it is hoped the commission will use every effort to prevent such delays as would arise in that event. The Department did not concur in office suggestion that applicants should be advised that they were at liberty to appeal from the decision of the commission, for the reason that it was held that it had uni-folnlly been the practice of the Department not to pass upon the right of any applicant for enrollment until such time as the rolls should be submitted for final action. Conflicting allotments.-Numerous contests between Creek citizens in the selection of their prospective allotments have been filed with the commission. In some instances the losing parties have appealed to this o5ce from the decision of the commission, but the decision of the commission has generally been sustained by the ofice. One case. that of Phcebe Tucker, contestant. .u. Gabriel Jamison, con-testee, involving the right of each to select the SE. % of the SW. % of sec. 26, T. 16, R. 18, as a prospective allotment, was appealed by Jami-son from the decision of this office to the Department. In this case the commission, after having heard the testimony and arrived at certain conclusions of fact, found in favor of the conteatant, Phcebe Tucker, and it was ordered "that the certificate heretofore issued to said con-testee, Gabriel Jamison, be canceled." This o5ce affirmed the decision of the commission. The Department, however, reversed that decision, and in letter of August 10, to this office, stated that "as a matter of fact, the allotments referred to in said section (section 11 of the Curtis Act) are not yet being made. No agreement of the Creeks has as yet been mtified, and it is not known what quantity of land each member will be entitled to take, or how the selections for final allotment will be made." The Department held that from the testimony it was clear that Sandy Tucker, the husband of Phcebe Tucker, because of his improvements and occupancy of the tract, might have held it under the provisions of section 16 of the act, or might have selected it as a part of his allotment, but that he had voluntarily relinquished his claim to Jamison, and for these and other reasons the Department directed "that Jamison's selection of this tract be allowed to stand." Appraisement of Choctaw and Chickasaw lands.-The Choctaw and Chickasaw agreement provides- That all the lands within the Indian Territory belonging to the Choctaw and Chickasaw Indians shall be allotted to the members of said tribes so as to give to each member of these tribes so far as possible a fair and equal share thereof, consid-ering the chmcter and fertility of the a011 and the location and value of the Ian&. |
