Regulations Governing Agents and Attorneys before the Commission

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Native American Records

Commission To The Five Civilized Tribes
Muscogee, Ind. T., March 30, 1901.

The following regulations governing the recognition of agents and attorneys before the Commission to the Five Civilized Tribes and land offices established by said Commission, approved by the Secretary of the Interior March 20, 1901, are promulgated for the information and guidance of all concerned.

By order of the Commission:
Tams Bixby, Acting Chairman

Regulations

1. Any attorney at law who desires to represent claimants before the Commission to the Five Civilized Tribes or any land office established by said Commission shall file a certificate of the clerk of the United States, State, or Territorial court, the territorial jurisdiction of which includes such attorney s place of residence, duly authenticated under the seal of the court, that he is an attorney in good standing.

2. Any person (not an attorney at law) who desires to appear as agent for claimants before the Commission to the Five Civilized Tribes or before any land office established by the Commission must file a certificate from a judge of the United States, State, or Territorial court, the territorial jurisdiction of which includes such person s place of residence, duly authenticated under the seal of the court, that such person is of good moral character and in good repute, possessed of the necessary qualifications to enable him to render claim ants valuable service, and otherwise competent to advise and assist them in the presentation of their claims.

3. The Commission may demand additional proof of qualifications of attorneys and agents and may decline to recognize any attorney or agent applying to represent claimants when the interests of claimants or of the public will be thereby subserved.

4. The oath of allegiance required by section 3478 of the United States Revised Statutes must also be filed.

5. In case of a firm, the names of the individuals composing the firm must be given, and a certificate and oath as to each member of the firm will be required.

6. An applicant for admission to practice under the above regulations must address a letter to the Commission inclosing the certificate and oath above required, in which letter his full name and post-office address must be given. He must state whether or not he has ever been recognized as attorney or agent before the Interior Department or any bureau thereof; and if so, whether he has ever been suspended or disbarred from practice.

7. Whenever an attorney or agent is charged with improper practices in connection with any matter before said Commission, or any land office established by said Commission, the Commission will investigate the charge, giving the attorney or agent due notice, together with a statement of the charge against him, and allow him an opportunity to be heard in the premises. When the investigation shall have been concluded all the papers will be forwarded to the Secretary of the Interior with a statement of the facts and such recommendation as to disbarment from practice as the Commission may deem proper, for the consideration of the Secretary of the Interior. During the investigation the attorney or agent may be suspended from practice by the Commission if the charges” are grave and the probability of their truth is great.

8. If any attorney or agent in good standing before the Commission shall knowingly employ as subagent a person not authorized to practice before the Commission, it will be sufficient reason for the disbarment of the former.

9. It will also be sufficient cause for disbarment that any attorney is incompetent, disreputable, or that he refuses to comply with the rules and regulations of the Commission, or that he, with intent to defraud, in any manner deceives, misleads, or threatens any claimant by word, circular, letter, or advertisement.

10. These rules shall be applicable to attorneys or agents employed, or seek ing employment, by individuals, a tribe or any body of Indians or freedmen.

11. Rule 30 of the rules of practice prescribed by the Commission and approved by the Secretary of the Interior July 18, 1899, is hereby rescinded.

Approve:
E. A. Hitchcock, Secretary



MLA Source Citation:

United States. Commission to the Five Civilized Tribes. Laws, Decisions and Regulations Affecting the work of the Commissioners to Five Civilized Tribes, 1893-1906. Washington: Government Printing Office, 1906. AccessGenealogy.com. Web. 2 September 2014. http://www.accessgenealogy.com/native/regulations-governing-agents-and-attorneys-before-the-commission.htm - Last updated on Mar 28th, 2013


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