Wallace v. Adams

Citations

• 143 F. 716
• 74 C.C.A. 540
• 1906 U.S. App. LEXIS 3770

Syllabus

<p>1. Indians—Citizenship in Indian Tribes—Power to Determine Legislative, Not Judicial.</p> <p>The power conferred upon the Dawes Commission and the United States courts in the Indian Terrritory by Act June 10, 1896, c. 398, 29 Stat. 339, 340, and upon the Supreme Court by Act July 1, 1898, c. 545, 30 Stat. 591, to determine who were citizens of the Choctaw and Chickasaw Nations, was legislative, and not judicial, and judgments thereunder were subject to any subsequent legislation of the United States respecting the question of citizenship, which was enacted before allotments of lands were made to successful litigants.</p> <p>2. Same—Judgments of Citizenship Rights Conferred before Allotments.</p> <p>Claimants of citizenship who secured judgments in their favor, which were final under these acts when they were rendered, and took possession of, and demanded suitable lands as their allotments, before their judgments were made reviewable, acquired no vested rights therein against subsequent legislation enacted before the lands were allotted t<> them.</p> <p>3. Same—Judgments of Citizenship Reviewable by Subsequent Act of Congress.</p> <p>The judgments of citizenship rendered by the courts were conclusive-upon the .parties in the absence of subsequent legislation, but, though final when rendered, were voidable and reviewable by subsequent acts of Congress enacted before allotments of land were made under them.</p> <p>4. Same—Citizenship Court—Validity.</p> <p>The Act July 1, 1902, e. 1362, 32 Stat. 641, whereby a citizenship court was created and empowered to review the final judgments of the courts' of the United States under Act June 10, 1896, c. 398, 29 Stat. 339, which had been affirmed by the Supreme Court, was constitutional and valitt against successful litigants who had not procured allotments before its passage.</p> <p>¡5. Courts—Territorial Courts Legislative, Not Constitutional.</p> <p>The United States courts in the territories and the Supreme Court in revi