Moses Whitmire Trustee for the Freedmen of the Cherokee Nation V the Cherokee

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Moses Whitmire Trustee for the Freedmen of the Cherokee Nation V the Cherokee
United States Dept of Justice From Old Catalog
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, 92) the fact that Congress had not approved any roll of the Clierokee Nation except that of ISSO. The court there said: The roll of ISSO, made by the Cherokees, was a census roll, and its confirmation was not intended to create any rights whicii citizens of the Cherokee Nation had not before enjoyed, but merely to furnish the l)asis for making up the roll of citizens. Section 21 was in reality a statement that no previous act of Congress was intended to confirm any other roll of the Cherokee ...Nation The action of the vSeoretary of the Interior in malting up and approving the final rolls of the Cherokee Nation is res judicata.
The acts of Congress delegated authority to the Dawes Commission to prepare the final rolls of the Five Civilized Tribes, and the provisions of the act of June 28, 1898, supra, and the Cherokee agreement of 1902, to the effect that the rolls -^thus prepared, when approved by the Secretary of the Interior, shall constitute a part and parcel of the final roll of citizens of the Cherokee tribe upon which allotments of land and distribution of other tribal property shall be made, " created in the Secretary of the Interior a tribunal of exclusive jurisdiction, whose judgments upon the question of citizenship are res judicata.


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