United States Court of Appeals

Similar documents
PLEASE DISTRIBUTE TO THE CHICKASAW PEOPLE. A few plain reasons why the Choctaws and Chickasaws. should vote to ratify the Agreement

What to Expect from This Session

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

In the Court of Claims of the United Stales

University of Oklahoma Libraries Western History Collections. Chickasaw Nation Collection

Exhibit 6: State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement

Native American Senate Documents 60th Congress (1908) 94th Congress (1975)

Indian Archives Microfilm Guide Series 6: Records of the Dawes Commission to the Five Civilized Tribes. Compiled by Katie Bush

University of Oklahoma Libraries Western History Collections. George Nelson Collection

Utilities. (Amended as of 1/16/13) CHICKASAW NATION CODE TITLE 20 "20. UTILITIES" CHAPTER 1 TRIBAL UTILITY SERVICES

American Legal History Russell

Case 1:13-cv TFH Document 244 Filed 03/28/14 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CA COA

Nullification Crisis. (Editorial 1) Jose Rubalcava Kristine Tran Jacob Flores 4/5/13 Period 3

GRISSO V. U.S. 138 F.2d 996 (10th Cir. 1943)

History of the Arkansas. Riverbed

IN THE UNITED STATES COURT OF APPEALS

vs. ) Case No. CIV Pursuant to [insert Settlement Act citation] (hereinafter the Settlement Act ),

IN THE UNITED STATES DISTRICT COURT OF THE NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) INTRODUCTION

LETTER OF C. S. VINSON TO GREEN MCCURTAIN

SUPREME COURT OF THE UNITED STATES

Case 5:17-cv GTS-ATB Document 17 Filed 01/12/18 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA. Defendants / Cross-Claimants/ Counter- Claimants

TITLE 25--INDIANS CHAPTER 14--MISCELLANEOUS SUBCHAPTER LXXIII-A--TEXAS BAND OF KICKAPOO INDIANS

Docket No Neibell, Attorney for Plaintiffs. Yarborough, Commissioner, delivered the opinion of the Commission.

Case 5:12-cv C Document 15 Filed 01/07/13 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Law & Order Code of the Fort McDermitt Tribe of Oregon & Nevada

History: Present

TITLE VII ESTABLISHMENT OF THE SUPREME COURT OF THE MISSISSIPPI BAND OF CHOCTAW INDIANS

CHOATE V. TRAPP 224 U.S. 665 (1912)

HON. ROBERT L. OWEN O F O K L A H O M A

CONSTITUTION OF THE SHAWNEE TRIBE

University of Oklahoma Libraries Western History Collections. Pleasant Porter Collection

Santa Clara Pueblo. Population: 4552

COPy IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

JUDGMENT. Rolle Family and Company Limited (Appellant) v Rolle (Respondent) (Bahamas)

NOTES GENERAL PRINCIPLES

UNITED STATES et al. v. McINTIRE et al. FLATHEAD IRR. DIST. v. SAME.

The Age of Jackson A New Kind of Politics

The Big Idea The expansion of voting rights and the election of Andrew Jackson signaled the growing power of the American people.

TIGER V. WESTERN INV. CO. 221 U.S. 286 (1911)

CONSTITUTION AND BY-LAWS OF THE SENECA-CAYUGA TRIBE OF OKLAHOMA

University of Oklahoma Libraries Western History Collections. William Charles Rogers Collection

FQLSOK/ LES IlflOTIE.V #18684 / "~ 78

Henry Clay met with Adams, and said he would use his influence as Speaker of the House to elect Adams if Adams named him Sec. of State Adams was

1 HB By Representative Davis. 4 RFD: Judiciary. 5 First Read: 09-JAN-18. Page 0

Case 4:11-cv TCK-TLW Document 203 Filed in USDC ND/OK on 06/14/13 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

California Indian Law Association 16 th Annual Indian Law Conference October 13-14, 2016 Viejas Casino and Resort

Frontier Grant Lesson Plan

ALABAMA COURT OF CIVIL APPEALS

CONSTITUTION OF THE CHOCTAW NATION. November 10, 1842 PREAMBLE

Alan Brinkley, AMERICAN HISTORY 13/e. Chapter Nine: Jacksonian America

CONSTITUTION OF THE CITIZEN POTAWATOMI NATION PREAMBLE

LEVINDALE LEAD CO. V. COLEMAN 241 U.S. 432 (1916)

CONSTITUTION OF THE CITIZEN POTAWATOMI NATION PREAMBLE ARTICLE 1 NAME. The official name of this Tribe shall be the Citizen Potawatomi Nation.

Case 1:13-cv TFH Document 239 Filed 02/28/14 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 5:12-cv C Document 6 Filed 11/15/12 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE SUPREME COURT OF MISSISSIPPI. ARTHUR GERALD HUDSON and LINDA S. HUDSON APPELLANTS. v. Cause No CA LOWE S HOME CENTERS, INC.

Cherokee Nation Shadow Report to Committee on the Elimination of Racial Discrimination Submitted by Principal Chief Chadwick Smith, February 5, 2008

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Appellant, Intervener and Respondent

CONSTITUTION OF THE SKOKOMISH INDIAN TRIBE PREAMBLE

NEBRASKA HEADING CATCHLINE LAW

IN RE LANDS OF FIVE CIVILIZED TRIBES. 199 F. 811 (E.D. Okla. 1912)

No IN THE Supreme Court of the United States. FOURTEEN YEARS, BIRTH FATHER, AND THE CHEROKEE NATION, Respondents.

Kickapoo Titles in Oklahoma

INSTRUCTIONS FOR FILLING OUT & SIGNING PETITION. These instructions are very simple, but please follow accordingly.

Working Effectively with Indian Tribes: Communication, Collaboration, Coordination, and Consultation, 2017

Motion for New Trial and Plaintiff's Brief in Support of Motion for New Trial.

THE SUPREME COURT OF MISSISSIPPI

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MOTION TO REMAND

IN THE SUPREME COURT OF THE UNITED STATES

The End of Indian Territory

AP Government THE US CONSTITUTION STUDY GUIDE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

BURKE v. BOARD OF TRUSTEES Cite as 302 Neb N.W.2d

University of Oklahoma Libraries Western History Collections. Creek Nation Collection

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 98-CV-686. Appeal from the Superior Court of the District of Columbia

Title 3 Tribal Courts Chapter 6 Enforcement of Judgments

Supreme Court of the United States

RESERVATION OF RIGHTS A look at Indian land claims in Ohio for gaming purposes. By Keith H. Raker

CONSTITUTION AND BY-LAWS OF THE HAVASUPAI TRIBE OF THE HAVASUPAI RESERVATION, ARIZONA

Name Class Date. Section 1 The Mississippi Territory, Directions: Use the information from pages to complete the following.

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Boller v. Key Bank: An Alarming Use of Brendale v. Yakima

OCTOBER TERM, Honda Manufacturing of Alabama, LLC. from Etowah Circuit Court (CV )

PETITION FOR EMERGENCY TEMPORARY PROTECTIVE ORDER

WHEREAS, the Projects lie within the States of South Carolina and Georgia; and,

CONSTITUTION OF THE CHOCTAW NATION November 10, 1842 PREAMBLE We, the people of the Choctaw Nation, having a right to establish our own form of

What were the major plans for Reconstructing the South? Copy information into your notes.

CB TO APPROVE THE ADOPTION OF THE CHOCTAW NATION PEACEMAKING ACT IN THE TRIBAL COUNCIL OF THE CHOCTAW NATION

Teaching American History. Extended Discussion/Writing Lesson Plan Template

CONSTITUTION AND BY-LAWS OF THE SENECA-CAYUGA TRIBE OF OKLAHOMA NATION 4D

CONSTITUTION OF THE OTTAWA TRIBE OF OKLAHOMA PREAMBLE

IN THE COURT OF APPEAL. and VIOLA BUNTIN. 2008: August 26.

Case 5:07-cv F Document 7 Filed 09/26/2007 Page 1 of 16

SOUTHWEST INTERTRIBAL COURT OF APPEALS RULES OF APPELLATE PROCEDURE

Railroads in the Indian Territory: Governments and Unlikely Partnerships

M527 U.S. Office of Indian Affairs. Northern Superintendency.

Transcription:

-IN THE- United States Court of Appeals FOE THE INDIAN TERRITORY. NO. 388. HENRY L. DAWES, ET AL, APPELLANTS, MRS. REBECCA vs. HARRIS, ET AL, APPELLEES. Appeal from the United States Court at South McAlester for the Central District of the Indian Territory. HON. W. II. H. CLAYTON, Presiding Judge. BRIEF ON BEHALF OF APPELLEES. J. G. RALLS. Attorney for the Appellees.

IN THE UNITED STATES COURT OF APPEALS FOR THE INDIAN TERRITORY. No. 388. HENRY L. DAWES, ET AL, APPELLANTS, vs. MRS. REBECCA HARRIS, ET AL, APPELLEES. BRIEF ON BEHALF OF APPELLEES. STATEMENT OF THE CASE. The appellants having failed to correctly state the case, it becomes my duty to make a brief statement, in order that the Court may understand the situation of this case. The Appellee, Rebecca Harris, is an own daughter of old Ex-Chief Greenwood LeFlore, who signed the treaty between the United States and the Choctaw Nation, made in 1830, and known as the Treaty of "Dancing Rabbit Creek". The other Appellees are sons and daughters-in-law and grandchildren of Rebecca Harris. On the day of August, 1896, the appellees, except

4 5 that the applicants should deliver to the Governor or Princi- The judgments in these actions do not purport to judge any pal Chief of the Nation in which citizenship was sought, true property rights in favor of the appellants or against the de- copies of all papers filed, and that the receipt for such papers fendants the question being f, o m the Governor or Principal Chief, should be attached to citizenship. the papers filed for such applicant. cipal Chief, thinking The Governor and Prin- to defeat the just rights of many strictly citizenship or The Act of Congress conferring jurisdiction upon not the Commission and giving the right of appeal from the judg- claimants, refused to receive or receipt for any papers, and ment of the Commission, did not provide for service of notice the Commission was, therefore, compelled to establish an- upon either Governor or Principal Chief. In fact, it has other rule, and it then provided that the papers might be never been the custom or practice of the Department of the registered to such Chief or Governor, and the affidavit, with Interior to notify the Indian Authorities of applications for the registered receipt attached, should be attached to the ap- citizenship, but the Department has, in cases of allotting land plicant's papers; or that the papers might be delivered to the and paying out money, universally prepared the attorneys of record and the receipt of such attorneys attached parte and without notice to the Tribes. to the papers. This was done in all instances. The Colli- sion set days for argument and in October 1896, the Choctaw and Chickasaw Nations were ably represented in the oral argument, and the strongest argument I have ever heard made on behalf of the Choctaw Nation was made before the Commission at Yinita, by the Hon. C. B. Stewart, Gen. Paine and W B. Johnson, present U. S. Attorney for the Southern Dis- trict represented the Chickasaw Nation, and their argument was one that covered all the propositions that have ever been raised in this Nation. rolls ex A t the time Congress gave the Commission jurisdiction to hear and determine matters of citizenship, there was no law or treaty providing for the allotment of lands. Since the Commission rendered its judgments and since, the United States affirmed its judgments, and admitted other persons on appeal, the Choctaw and Chickasaw Nations have entered into an agreement with the United States, and by that agree ment they have ratified the action of the Commission and the United States Courts in admitting persons to citizenship, and are now estopped from denying the validity of their acts; and The Commission decided that the Act of Congress pro- by virtue of that agreement all members of the tribe are en- for it to hear and determine questions of citizenship titled to have lands allotted to them; the Indians and inter- v i d i n g was valid; that its manner of procedure was valid; and the married citizens taking an equal share, and the freedmen United States Courts all sustained the Commission, and the taking 40 acres. Supreme Court of the United States affirmed these findings. The attorneys for the appellants failed to distinguish the The question of receiving lands or monies is a mere incident to the question of citizenship. The Government has al- difference between the judgments admitting the various per- ways treated the Choctaw and Chickasaw Nations as distinct sons to citizenship, and judgments for property or nations, and the questions of citizenship has been controlled money.

6 10th, 1896, to proceed ex parte citizenship^ h o w upon the that injustice could be d o n e apphcat.ons we are uuable to see by admitting a Choctaw Ind.an by blood to rights in the Choctaw Nation Very respectfully submitted, J. G. R A L L S, Counsel for Appellees.