Page:United States Statutes at Large Volume 32 Part 1.djvu/717

FIFTYSEVENTH CONGRESS. Sess. I. Ch. 1362. 1902. 651 contained in this paragraph shall be construed to affect or change the existing status or rights of the two tribes as between themselves respecting the lands taken for allotment to freedmen, or the money, if any, recovered as compensation therefor, as aforesaid. Mrssrssrrrr onocnws. t,,£,‘?f“i"j"*’i °"°°‘ 41. All persons duly identified by the Commission to the Five Civil- logjfgfigfhip ****9 “*‘ ized Tribes under the provisions of section 21 of the act of Congress approved June 28, 1898 (30 Stats., 495), as Mississippi Choctaws $0- P-335g¤*- entitled to benefits under article 14 of the treaty between the. United'p'_ ' States and the Choctaw Nation concluded September 27, 1830, may, at any time within six months after the date of their identification as Mississippi Choctaws by the said Commission, make bona fide settlement within the Choctaw-Chickasaw country, and upon proof of such settlement to such Commission within one year after the date of their said identification as Mississippi Choctawsshall be enrolled b such Commission as Mississpppi Choctaws entitled to allotment as herein provided for citizens o the tribes, subject to the special provisions erein rovided as to Mississippi Choctaws, and said enrollment shall be final when apfproved by the Secretary of the Interior. The application Aptpncsuons rmof no person or identification as a Mississippi Choctaw shall be received mn °°’m"“· » by said Commission after six months subsequent to the date of the Hnal ratification of this agreement and in the disposition of such applications all full—blood Mississippi Choctaw Indians and the descendants of any Mississi pi Choctaw ndians whether of full or mixed blood who receivedp a patent to land under the said fourteenth article of the said treaty of eighteen hundred and thirty who had not moved to and made bona fide settlement in the Choctaw-Chickasaw country prior to June twenty-eighth, eighteen hundred and ninety-eight, shall be deemed to be Mississippi Choctaws, entitled to benefits under article fourteen of V<>1.7,p.3s5. the said treaty of September twenty-seventh, eighteen hundred and thirty, and to identification as such by said Commission, but this direction or provision shall be deemed to be only a rule of evidence and shall not be invoked by or operate to the advantage of any applicant who is not a Mississippi Choctaw of the full blood, or who is not the descendant of a Mississippi Choctaw who received a patent to land under said treat ’, or who is otherwise barred from the right of citizenship in the Choctaw Nation, all of said Mississippi Choctaws so enrolled by said Commission shall be upon a separate roll. . 42. When any such Mississippi Choctaw shall have in ood faith _}Q*;‘f°'§€s,§,;;&*°0*} continuously resided upon the lands of the Choctaw and Chickasaw three wm. nations for a period o three years, including his residence thereon before and after such enrollment, he shall, upon due proof of such continuous, bona fide residence, made in such manner and before such officer as may be designated by the Secretary of the Interior, receive a patent for his allotment, as (provided in the Atoka aglreement, and V0]- 30, 1>- M- he shall hold the lands allotte to him as provided in t is agreement for citizens of the Choctaw and Chickasaw nations._ 43. Applications for enrollment as Mississippi Choctaws, and appli- ,,,fk*Q,‘§Q,‘§’f‘§Q'f’ '°" °”‘ cations to have land set apart to them as suc , must be made personally before the Commission to the Five Civilized Tribes. Fathers may apply for their minor children; and if the father be dead, the mother may apply; husbands may apply for wives. Acpplications for orphans, insane persons, and persons of unsound min may be made by duly appointed guardian or curator, and for aged and infirm persons and prisoners by agents duly authorized thereunto by power of attorney, in the discretion of said Commission. 44. If within four years after such enrollment any such Mississippi Hvimetc. Choctaw, or his heirs or representatives if he be dead, fails to make