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Draft of Proposed Law
Posted By Dennis Partridge On In Native American,Oklahoma | No Comments
Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled. That the Secretary of the Interior be, and he is hereby, authorized and directed to-
First. Add to the rolls of the Five Civilized Tribes the names of minors living March fourth, nineteen hundred and six either of whose parents is on said rolls or would have been entitled to have been enrolled, if living, at the date fixed for determining the right to enrollment, and also the names of Indians incarcerated, insane, or otherwise incompetent, Including those who would be in the restricted class if enrolled for whom no application was made or proper proof submitted within the time limit provided by law, but who were otherwise entitled to enrollment under the laws governing such matters.
Second. To consider and determine all claims for enrollment in any of said tribes which were favorably decided by the commissioner to the Five Civilized Tribes, but which did not reach the Secretary of the Interior in time for consideration and decision on or before March fourth, nineteen hundred and seven, adding to the rolls of said tribes the names of those he may find entitled to enrollment.
Third. To prepare n special roll which shall contain the names of all persons identified as Mississippi Choctaws prior to March fourth, nineteen hundred and seven, as well as those entitled to such identification but who did not remove to and make bona fide settlement In the Choctaw or Chickasaw Nation within the time prescribed by law.
Fourth. To review and determine, In conformity with the laws governing such matters at the time applications were made and upon the records as made up, all citizenship cases in said tribes decided by the Secretary of the Interior January first, nineteen hundred and seven, or subsequently thereto, adversely to the claimants and to add to the rolls of said tribe the name of any person he may find entitled to enrollment, excluding, however, those cases involving applications for transfer of names from the freedmen’s roll to the rolls of citizens by blood.
Fifth. To review and determine the right to enrollment upon the existing records and under the law under which application was made of any person found by the commission to the Five Civilized Tribes or the United States courts in Indian Territory to be entitled to enrollment, but who were prevented from being enrolled by any finding, judgment, or decree of the Choctaw-Chickasaw citizenship court, and to enroll such as-may be found to he so entitled upon the proper tribal roll.
Sixth. To determine the right to enrollment of persons whose applications were denied under the act of May thirty-first, nineteen hundred, because of lack of tribal enrollment who are shown by existing records to be otherwise prima facie entitled to enrollment because of Indian blood and residence, said determination to be irrespective of the act of May thirty-first, nineteen hundred.
Sec. 2. That all persons enrolled on the final citizenship rolls of either of the Five Civilized Tribes under the provisions of this act shall share equally in the distribution of the tribal property with those persons enrolled prior to March fourth, nineteen hundred and seven, except that, they shall be paid, in lieu of allotment of land, a sum of money from the funds of said tribes equal to three times the value of the laud he would have received as fixed by the classification of the lands of the several tribes for the purposes of allotment: Provided, however. That those persons hereafter enrolled as Mississippi Choctaws under the third class named in this act shall receive in full satisfaction of any claim they may have in said tribal property a sum of money equal to one thousand and forty dollars: Provided further. That the funds and property of all persons enrolled under this act shall bo subject to the same restrictions and limitations as are imposed upon persons having a like Status under existing law.
Sec. 3. That the Secretary of the interior is directed to proceed as expeditiously as he reasonably can to perform’ the duties directed to lie performed by this act; and there Is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of sixty thousand dollars to defray the expenses of the work herein directed to be performed. Said work shall be fully completed within one year from and after the passage of this act.
Sec. 4. That the shares in the tribal property of persona enrolled under this act shall not be liable for the payment of any debt, obligation, or contract incurred or entered into prior to the segregation thereof from the common tribal property; except that prior to any payment to any person enrolled under this act the Secretary shall investigate the claim or claims of any attorney or attorneys for services rendered, or moneys expended in behalf of, or which resulted in the benefit of, any person or persons, individually or collectively, enrolled under this act, and shall allow a fee or fees based upon the principle of quantum meruit. Where any money has been loaned or advanced to an attorney to defray the expenses of any such claim or claims, secured by an interest in any contract or contracts with any claimant or claimants, the Secretary is authorized to ascertain such amount or amounts so loaned or advanced and to make a reasonable award out of the fees allowed said attorney, irrespective of any contract or agreement, in full settlement thereof. The fee allowed under this act shall be deducted from the amount any claimant is entitled to here- under and shall be paid by warrant drawn by the Secretary in favor of said attorney or other person: Provided, That in the performance of any of the duties herein required the Secretary or any officer or agent acting for him shall have power to administer oaths and to examine witnesses, and any person who shall knowingly give or offer false testimony relative to any material matter in issue shall forfeit any claim he may have to any property right, and may also he proceeded against in the proper court as in other cases provided by law.
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