USA > Oklahoma > A history of the state of Oklahoma, Volume I > Part 50
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which court jurisdiction was transferred to United States courts, and practically the entire fiscal and civil affairs of the tribes vested with federal officials, the completion of the work of the commission was subject
the county, or the clerk of the county court, or the secretary of state, necessary for the incorporation of any city or town as provided in Mansfield's Digest, and such city or town government, when so authorized and organized, shall possess all the powers and exercise all the rights of similar municipalities in said state of Arkansas. All male inhabitants of such cities and towns over the age of twenty-one years, who are citizens of the United States or of either of said tribes, who have resided therein more than six months next before any elec- tion held under this act, shall be qualified voters at such election. That mayors of such cities and towns, in addition to their other powers, shall have the same jurisdiction in all civil and criminal cases arising within the corporate limits of such cities and towns as, and coextensive with, United States commissioners in the Indian Territory, and may charge, collect, and retain the same fees as such commissioners now collect and account for to the United States; and the marshal or other executive officer of such city or town may execute all processes issued in the exercise of the jurisdiction hereby conferred, and charge and collect the same fees for similar services as are allowed to con- stables under the laws now in force in said Terri- tory.
All elections shall be conducted under the pro- visions of chapter fifty-six of said digest, entitled "Elections," so far as the same may be applica- ble; and all inhabitants of such cities and towns, without regard to race, shall be subject to all laws and ordinances of such city or town governments, and shall have equal rights, privileges, and pro- tection therein. Such city or town governments shall in no case have any authority to impose upon or levy any tax against any lands in said cities or towns until after title is secured from the tribe; but all other property, including all improvements on town lots, which for the purposes of this Act shall be deemed and considered personal property, together with all occupations and privileges, shall be subject to taxation. And the councils of such cities and towns, for the support of the same and for school and other public purposes, may provide by ordinance for the assessment, levy and collec- tion annually of a tax upon such property, not to exceed in the aggregate two per centum of the assessed value thereof, in manner provided in chapter one hundred and twenty-nine of said digest, entitled "Revenue, " and for such purposes
to tedious delays. The Cherokees held out longest, the agreement between the commis- sion and this tribe not being perfected until 1902. The question of citizenship presented extreme difficulties, and only recently have
may also impose a tax upon occupations and privi- leges.
Such councils may also establish and maintain free schools in such cities and towns, under the provisions of sections sixty-two hundred and fifty- eight to sixty-two hundred and seventy-six, inclu- sive, of said digest, and may exercise all the powers conferred upon special school districts in cities and towns in the state of Arkansas by the laws of said state when the same are not in con- flict with the provisions of this act.
For the purposes of this section all the laws of said state of Arkansas herein referred to, so far as applicable, are hereby put in force in said Ter- ritory; and the United States court therein shall have jurisdiction to enforce the same, and to punish any violation thereof, and the city or town councils shall pass such ordinances as may be necessary for the purpose of making the laws ex- tended over them applicable to them and for carrying the same into effect :
Provided, That nothing in this Act, or in the laws of the State of Arkansas, shall authorize or permit the sale, or exposure for sale, of any in- toxicating liquor in said Territory, or the intro- duction thereof into said Territory; and it shall be the duty of the district attorneys in said Ter- ritorv and the officers of such municipalities to prosecute all violators of the laws of the United States relating to the introduction of intoxicating liquors into said Territory, or to their sale, or ex- posure for sale, therein.
Sec. 21. That in making rolls of citizenship of the several tribes, as required by law, the Com- mission to the Five Civilized Tribes is Author- ized and directed to take the roll of Cherokee citi- zens of eighteen hundred and eighty (not includ- ing freedmen) as the only roll intended to be con- firmed by this and preceding acts of Congress, and to enroll all persons now living whose names are found on said roll, and all descendants born since the date of said roll to persons whose names are found thereon; and all persons who have been en- rolled by the tribal authorities who have hereto- fore made permanent settlement in the Cherokee Nation whose parents, by reason of their Cherokee blood, have been lawfully admitted to citizenship by the tribal authorities, and who were minors when their parents were so admitted; and they shall investigate the right of all other persons whose names are found on any other rolls and omit
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the final rolls of citizens of the tribes been completed. In the records of the commis- sion might be found the history of nearly every family of the Territory that laid claim to a share in the allotment of tribal lands and funds.
all such as may have been placed thereon by fraud or without authority of law, enrolling only such as may have lawful right thereto, and their de- scendants born since such rolls were made, with such intermarried white persons as may be entitled to citizenship under Cherokee laws.
It shall make a roll of Cherokee freedmen in strict compliance with the decree of the court of claims rendered the third day of February, eight- een ' hundred and ninety-six.
Said commission is authorized and directed to make correct rolls of the citizens by blood of all the other tribes, eliminating from the tribal rolls such names as may have been placed thereon by fraud or without authority of law, enrolling such only as may have lawful right thereto, and their descendants born since such rolls were made, with such intermarried white persons as may be entitled to Choctaw and Chickasaw citizenship under the treaties and laws of said tribes.
Said commission shall have authority to deter- mine the identity of Choctaw Indians claiming rights in the Choctaw lands under article fourteen of the treaty between the United States and the Choctaw Nation concluded September twenty-sev- enth, eighteen hundred and thirty, and to that end they may administer oaths, examine witnesses, and perform all other acts necessary thereto and make report to the secretary of the interior.
The roll of Creek freedmen made by J. W. Dunn, under authority of the United States, prior to March fourteenth, eighteen hundred and sixty- seven, is hereby confirmed, and said commission is directed to enroll all persons now living whose names are found on said rolls, and all descendants born since the date of said roll to persons whose names are found thereon, with such other persons of African descent as may have been rightfully admitted by the lawful authorities of the Creek Nation.
It shall make a correct roll of all Choctaw freed- men entitled to citizenship under the treaties and laws of the Choctaw Nation, and all their descend- ants born to them since the date of the treaty.
It shall make a correct roll of Chickasaw freed- men entitled to any rights or benefits under the treaty made in eighteen hundred and sixty-six be- tween the United States and the Choctaw and Chickasaw tribes and their descendants born to them since the date of said treaty and forty acres
A fair judgment of the work of the Dawes Commission cannot be attempted. The administration of such a vast estate was a task never before undertaken in the history of the world. The records are the most voluminous ever made by a chancery
of land, including their present residences and improvements, shall be allotted to each, to be se- lected, held, and used by them until their rights under said treaty shall be determined in such man- ner as shall be hereafter provided by Congress.
The several tribes may, by agreement, determine the right of persons who for any reason may claim citizenship in two or more tribes, and to allotment of lands and distribution of moneys belonging to each tribe; but if no such agreement be made, then such claimant shall be entitled to such rights in one tribe only, and may elect in which tribe he will take such right; but if he fail or refuse to make such selection in due time, he shall be en- rolled in the tribe with whom he has resided, and there be given such allotment and distributions, and not elsewhere.
No person shall be enrolled who has not here- tofore removed to and in good faith settled in the nation in which he claims citizenship.
Provided, however, That nothing contained in this act shall be so construed as to militate against any rights or privileges which the Mississippi Choctaws may have under the laws of or the trea- ties with the United States.
Said commission shall make such rolls descrip- tive of the persons thereon, so that they may be thereby identified, and it is authorized to take a census of each of said tribes, or to adopt any other means by them deemed necessary to enable them to make such rolls. They shall have access to all rolls and records of the several tribes, and the United States court in Indian Territory shall have jurisdiction to compel the officers of the tribal governments and custodians of such rolls and records to deliver same to said commission, and on their refusal or failure to do so to punish them as for contempt; as also to require all citi- zens of said tribes, and persons who should be so enrolled, to appear before said commission for enrollment, at such times and places as may be fixed by said commission, and to enforce obedience of all others concerned, so far as the same may be necessary, to enable said commission to make rolls as herein required, and to punish anyone who may in any manner or by any means obstruct said work.
The rolls so made, when approved by the secre- tary of the interior, shall be final, and the per- sons whose names are found thereon, with their descendants thereafter born "to them, with such
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court. The problems involved were peculiar, requiring tact, patience and almost endless negotiation. Selfishness and greed had to be contended with, as well as the ignorance and stolid stubbornness of the Indian race. As in all transactions with the Indian race since white men settled this nation, there were instances of individuals who were ready to take advantage of the situation and turn their labors to personal profit. Charges were made and in part substan- tiated by investigation that the Indians were unfairly dealt with, that some of the men entrusted with the equitable division of the tribal estates allowed their own or other selfish interests to guide their actions. But many of the matters in question are now before the courts, and a later historical in- quiry must describe the true situation. The practical labors of the commission have ended, the Indians of the five tribes now live each on his own allotment, and are citi- zens both of the United States and of the State of Oklahoma. On March 4, 1906, the tribal governments, under which the Chero- kees, Creeks, Seminoles, Choctaws and Chickasaws had lived for generations, were
persons as may intermarry according to tribal laws, shall alone constitute the several tribes which they represent.
The members of said commission shall, in per- forming all duties required of them by law, have authority to administer oaths, examine witnesses, and send for persons and papers; and any per- son who shall willfully and knowingly make any false affidavit or oath, to any material fact or matter before any member of said commission, or before any other officer authorized to administer oaths, to any affidavit or other papers to be filed or oath taken before said commission, shall be deemed guilty of perjury, and on conviction there- of shall be punished as for such offense.
Sec. 26. That on and after the passage of this act the laws of the various tribes or nations of Indians shall not be enforced at law or in equity by the courts of the United States in the Indian Territory.
dissolved, the chiefs and governors became citizens in the American sense, and their people awaited the formation of a state government to accept and share its respon- sibilities and privileges.
A review of the situation of the Indians of the five tribes is presented in the report of Secretary of the Interior Garfield (Feb- ruary, 1908), which is quoted in part:
"On June 30, 1905, the greater part of the work coming within the jurisdiction of the commissioner to the five civilized tribes had been completed, thereby making the supervision of a board of commissioners no longer necessary, and in accordance with the provisions of the act of Congress ap- proved March 3, 1905, the work was placed under the immediate supervision of the sec- retary of the interior, and the chairman of the commission to the five civilized tribes was appointed commissioner to the five civilized tribes to represent him in this work.
"There were enrolled up to and includ- ing March 4, 1907, a total of 101,211 citi- zens and freedmen in the five civilized tribes, classified as follows :
Sec. 27. That the secretary of the interior is authorized to locate one Indian inspector in Indian Territory, who may, under his authority and direc- tion, perform any duties required of the secretary of the interior by law, relating to affairs therein.
Sec. 28. That on the first day of July, eighteen hundred and ninety-eight, all tribal courts in In- dian Territory shall be abolished, and no officer of said courts shall thereafter have any authority whatever to do or perform any act theretofore authorized by any law in connection with said courts, or to receive any pay for same; and all civil and criminal causes then pending in any such court shall be transferred to the United States court in said Territory by filing with the clerk of the court the original papers in the suit:
Provided, That this section shall not be in force as to the Chickasaw, Choctaw and Creek tribes or nations until the first day of October, eighteen hundred and ninety-eight.
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Full Part Inter- Freed- bloods. bloods. married. men. Total.
Choctaws
8,319 10,716 1,586
5,994 26,615
Chickasaws
. 1,538
4,146
635 4,670
10,989
Creeks
6,812
5,083
...
6,803 18,698
Cherokees
6,601
*29,975
286
4,923
41,785
Seminoles
1,399
739
...
986
3,124
Total
.24,669 50,659 2,507 23,376 101,211
"Includes 197 registered Delawares.
"Applications for allotments were re- ceived during the year at the respective land offices of the commissioner to the five civilized tribes, located at Muskogee, Atoka and Ardmore, and at the close of the year allotments had been made to the majority of the citizens and freedmen of the five civ- ilized tribes. The allotment work consisted principally of the making of allotments to minor children enrolled under the act of Congress approved April 26, 1906, and to those citizens and freedmen previously en- rolled but who had not selected the entire amount of land to which they were entitled.
"Copies of the final rolls of citizens and freedmen of the five civilized tribes are being made, which will soon be printed in book form and ready for sale.
"The enrollment work, with the excep- tion of those cases now pending in the . courts, having been completed, the work remaining undisposed of concerns largely the making of allotments to those few per- sons for whom no selections have been made and those to whom it will be neces- sary to allot additional land for the purpose of completing their allotments to the full amount.
"The closing of the rolls marks the be- ginning of the last period in the settlement of the relations between these tribes and the national government. The work of the allotting commissions can now be com- pleted, and there will be left only the final disposition of the surplus lands and the
execution of such laws as Congress may enact relative to the disposition of the tribal funds and the removal of the property re- strictions remaining upon certain classes of Indians. Requests have been presented, and doubtless efforts will be made to reopen some if not all of these rolls, but it is to be hoped that such action will not be taken. Without doubt there are persons on the rolls who are not entitled to be there, and there are persons not on the rolls whose names should be there, but after the years of painstaking inquiry and determinations made by the citizenship court, by the com- missioner to the five civilized tribes, and finally by the secretary of the interior, it is believed that the cases of injustice or mistake are too few to justify an action that would surely result in thousands of claims being presented for readjudication.
"The problems presented for immediate consideration are those affecting the Indian lands. There were approximately nineteen million acres in the Indian Territory, all of which were until within the last few years not subject to alienation, and hence not sub- ject to taxation. From time to time certain of these lands have, by act of Congress or by the act of the secretary of the interior, been relieved from these restrictions, sold, and subjected to taxation. The land thus relieved approximately amounts to three million acres.
"From these figures it is apparent that there is not enough land subject to taxation in the old Indian Territory portion of the State of Oklahoma to support the county governments, townships and schools; but the question of removing restrictions from these lands must not be considered solely with a view of levying taxes. These lands are owned by Indians many of whom are incapable of properly caring for their prop- erty interests. It is the duty of the govern-
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ment to see that the rights of the in- competent and incapable ones are fully pro- tected. Under the enabling act the govern- ment definitely retains all the power that it formerly held over these Indians and their lands, and the federal government must see to it that no improper burden is placed upon these people and no action taken that will permit their property to be taken from them and they left penniless to become pub- lic charges.
"Those Indians who are now capable as the average white man of caring for their property and performing all the duties of citizens should be placed upon the same footing and given the same burdens as the white man. In no other way can these men become independent, self-supporting citizens. But for those who are not so qualified, the government must continue to act as guardian as far as their land is con- cerned. The experience since the opening of this territory to white settlement shows most clearly that it is not safe to remove all restrictions. The dealings of the white man in the Indian Territory, in the acquisi- tion of the valuable agricultural and oil lands, have shown too many instances of unconscionable greed and dishonesty. The agricultural lands in the Indian Territory are wonderfully fertile, having increased many fold in value during the past ten years. But, in addition to this, the discov- ery of the deposits of oil and coal has made certain sections of that country very much more valuable and has tremendously in- creased the desire of white men to obtain control of those sections. Thus far these oil and coal lands have been handled under a system of leasing controlled by the in- terior department.
tect the Indian and at the same time per- mit the development of the country by throwing open many millions of acres to sale and taxation. I therefore recommend the following general plan for the removal of restrictions :
"First-By act of Congress remove the restrictions from both homesteads and sur- plus lands owned by citizens not of Indian blood and by citizens of mixed blood whose quantum of Indian blood is less than one- half; also remove the restrictions from the surplus lands owned by all other citizens of mixed blood.
"Second-Empower the secretary of the interior to remove restrictions in individual cases from homesteads owned by citizens of mixed blood whose quantum of Indian blood is one-half or more, and from home- steads or surplus lands owned by fullblood citizens ; provided, however, that no home- stead shall be reduced to less than eighty acres.
"The power of the secretary to remove restrictions should carry with it the power, in cases where the facts warrant, to pass upon the adequacy of the consideration and to provide for the use or care of proceeds of sale for the purpose of providing for the maintenance of the Indian or the im- provement of the homestead.
"The quantum of Indian blood and age of persons should be determined by the entry upon the approved citizenship rolls."
The recommendations of the secretary as to the disposal of certain portions of the Indian lands were enacted into law by an act approved May 27, 1908." The removal of restrictions from about nine million acres in the old Indian Territory, which took place on July 27, 1908, was hailed as
"As between these two extreme views there is a middle ground which will pro- a "red letter day" for Oklahoma, and was
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the occasion of much celebration through- out the state. The significance of the event, as viewed at the time, may be best ex- pressed by quoting the following editorial: "With the restrictions removed from the alienation of some 9,000,000 acres of In- dian lands, the people of eastern Oklahoma begin to feel that the shackles that have bound them for many years are at last be- ing removed.
"It means opportunity for development of that section of the state, such as it has never before known.
"No longer will its cities and towns re- main as pent-up Uticas, but will have an
" The act providing for the removal of restric- tions from the lands of part-blood Indians, ap- proved by the president May 27, 1908, contained in substance the following provisions:
That from and after sixty days from the date of this act the status of the lands allotted here- tofore or hereafter to allottees of the five civilized tribes shall, as regards restrictions on alienation or incumbrance, be as follows: All lands, includ- ing homesteads, of said allottees enrolled as inter- married whites, as freedmen, and as mixed blood " ns having less than half Indian blood, includ- minors, shall be free from all restrictions. All ds, except homesteads, of said allottees enrolled mixed blood Indians having half or more than alf and less than three-quarters Indian blood shall be free from all restrictions. All home- steads of said allottees enrolled as mixed blood Indians having half or more than half Indian blood, including minors of such degrees of blood, and all allotted lands of enrolled living full bloods, including minors of such degrees of blood, shall not be subject to alienation, contract to sell, power of attorney, or any other incumbrance prior to April twenty-sixth, nineteen hundred and thirty-one, ex- cept that the secretary of the interior may remove such restrictions, wholly or in part, under such rules and regulations concerning terms of sale and disposal of the proceeds for the benefit of the respective Indians as he may prescribe.
Sec. 2. That all lands other than homesteads allotted to members of the five civilized tribes from which restrictions have not been removed may be leased by the allottee, if an adult, or by guardian or curator under order of the proper pro- bate court, if a minor or incompetent, for a period not to exceed five years, without the privilege of renewal.
opportunity to expand and prosper. Their environments will be purchased by bona fide farmers, the soil will be tilled and crops . grown, and the prosperity of such com- munities placed upon a firm foundation.
"That part of Oklahoma which was once Indian Territory is to have a chance. County governments that have been organ- ized will be financed, lands and property will be taxed as in other parts of the state, schools will be organized where now there are none, roads will be builded where none now exist.
"Eastern Oklahoma now has an oppor- tunity."?
Sec. 3. That the rolls of citizenship and of freedmen of the five civilized tribes approved by the secretary of the interior shall be conclusive evidence as to the quantum of Indian blood of any enrolled citizen or freedmen of said tribes, and of no other persons, to determine questions arising under this act, and the enrollment records of the commissioner to the five civilized tribes shall here- after be conclusive evidence as to the age of said citizen or freedman.
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