OCR Text |
Show 158 REPORT OF THE COYMIBSIONER OF INDIAN ABFAIRS. 1830," in order tbat each of those nations could, if it so desired, have a representative at that hearing. The Department also directed the com-mission to impress upon the minds of the applicants the requirements of the acts of June 28,1898, and May 33,1900-- so that they would not receive the impression that by being identified by your commission they will have a right to he enrolled as members of the Choctaw and Chickasaw nations, and be entitled to a share of the lands of mid nations without making settlement therein. November 27, 1900, the commission requested permission to with-draw from the files of the Department its report of March 10, 1899, and the schedule attached. December 3,1900, the office approved the request, but suggested that the duplicate copy be retained in the files of this office for future reference. In this, December 8, 1900, the Department concurred. December 28,1900, the commission requested to be permitted to withdraw "the report in its entirety for reconsider-ation and modification." January 5, 1901, the office expressed the opinion that the request shou!d not be granted, in which the Depart-ment concurred by letter of January 9 to the commission. January 22 the commission reiterated its request, stating that "the report referred to has now been withdrawn, and is of no more force and effect than as though never made. A copy, therefore, of a report which has no official existence should not he extant." January 31 last the offioe held, that while it was true that one of the bound volumes showing the com-mission's report and the schedule of Mississippi Choctaws identified by the commission had been withdrawn, yet both reports were in reality originals, although one was marked original and the other duplicate, and that if either volume were lost or destroyed the one in existence would be of full force and effect, and would he competent evidence to establish the action of the commission. It was therefore recom-mended that the commission he not permitted to withdraw the copy of its report and the schedule tben on file in this office, and that it be instructed to return to the files of this office, when it should have finished with it, the other copy which had been returned to it Decem-ber 14,1900. February 7, the Department concurred in that recom-mendation. No further action has been taken relative to this report and schedule; neither has it been determined whether or not the persons whose names appear on the schedule shall be permitted to participate in the distrihu-tion of the land and other property of the Choctaw and Chickasaw nations. The Indian appropriation act approved May 31,1900 (31 Stat., 221), declares, however-tbat Mississippi Choctaws, duly identified as such by the Commiaaion to the Five Civilized Tljhea, shall have the right at any time, prior to the final approval of the rolls of the Choctaw and Chickasaw nations by the Department, to make settlement |