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gress approved June 2, 1924 (43 Stat. L. 253), which conferred citizenship upon all noncitizen Indians born within the territorial limits of the United States, as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property.”

It so happened that the Cherokee bill providing for the allotment of the lands of the Eastern Band of Cherokee Indians of North Carolina and the final disposition of their affairs was approved and became law on June 4, 1924 (43 Stat. L. 376). The Cherokee bill, which was originally prepared a considerable time before the general Indian citizenship bill, contained a clause (similar to previous allotment bills for other tribes) as follows:

“That upon the completion of the allotments and the recording of the deeds as herein directed, each allottee shall become a citizen of the United States and a citizen of the particular State wherein he (or she) may reside, with all the rights, privileges, and immunities of said citizens."

As this act was approved June 4, 1924, two days later than the general citizenship act, some confusion arose in North Carolina as to whether Congress intended the above-quoted provision of the special Cherokee act of June 4 to govern the citizenship status of the North Carolina Cherokees. The attorney general of that State on October 16, 1924, expressed the opinion that the act of June 4 superseded the act of June 2, 1924, in that respect and that therefore the members of the Eastern Band of Cherokee Indians were not entitled to vote until the above-quoted proviso in the act of June 4 had been complied with and allotments completed.

In order to clear up the confusion a hill, S. 4488, was introduced in the Seventieth Congress and was approved on June 25, 1929 (45 Stat. L. 1094), as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it was not the purpose of Congress when passing the act of June 4, 1924 (Forty-third Statutes, page 376), to repeal, amend, modify, or abridge the provisions of the act of June 2, 1924 (Forty-third Statutes, page 253), entitled 'An act to authorize the Secretary of the Interior to issue certificates of citizenship to Indians, which conferred full citizenship upon the Indians composing the Eastern Band of Cherokee Indians, located in the State of North Carolina, and that the citizenship of said Indians be and is hereby confirmed."

In view of the foregoing there is no apparent reason for further questioning the citizenship of the Eastern Cherokee Indians, and as such citizens they should be entitled to vote, provided they can comply with the laws of the State where they reside. Therefore, there appears to be no need for the proposed legislation.

C. J. Rhoads, Commissioner.

DEPARTMENT OF THE INTERIOR,

Washington, June 2, 1930. Hon. Scott LEAVITT, Chairman Committee on Indian Affairs,

House of Representatives. MY DEAR MR. LEAVITT: Reference is made to our letter of April 25, 1930, responsive to your request of March 31, for report on H. R. 11052, designed to confer full rights of citizenship on the Cherokee Indians in the State of North Carolina. In that report it was said that there was no apparent reason for further questioning the citizenship of these Indians and hence there appeared to be no need for the proposed legislation.

It has since been informally brought to my attention that there still exists considerable doubt in the minds of a number of persons as to whether existing legislation is sufficient to place the matter beyond controversy, it even having been suggested that a decision by the courts in the matter would be necessary to do this.

After further consideration of the matter, enactment of the proposed legislation may prove helpful, and hence it is suggested that the pending bill be given favorable consideration by your committee. Very truly yours,

RAY LYMAN WILBUR, Secretary.

(House Report No. 1762, Seventy-first Congress, second session] The Committee on Indian Affairs, to whom was referred the bill (H. R. 11052) to confer full rights of citizenship upon the Cherokee Indians resident in the State of North Carolina, and for other purposes, having considered the same, report thereon with a recommendation that it do pass with the following amendment:

Page 1, line 9, strike out the word "white".

The need of this legislation grows out of the fact that, while Congress, by the act of June 2, 1924 (43 Stat. L. 253; U. S. C., title 8, sec. 3), conferred citizenship upon all noncitizen Indians born within the territorial limits of the United States, question has been raised as to the right of Cherokee Indians resident in the State of North Carolina, as is shown by affidavits from Indians and letters from the attorney general of that State. The first report of the Secretary of the Interior and the Commissioner of Indian Affairs was to the effect that the act of June 2, 1924, made the proposed law unnecessary. However, after more complete showing of the fact that, regardless of the intention of Congress, the right of these Indians to vote is still being questioned, the Secretary of the Interior has stated, under date of June 2, that enactment of the proposed legislation may prove helpful. Hence he suggests that the pending bill be given favorable consideration.

This bill is unanimously reported from the Committee on Indian Affairs with recommendation that it be passed.

DEPARTMENT OF THE INTERIOR,

Washington, June 2, 1930. Hon. Scott LEAVITT, Chairman Committee on Indian Affairs,

House of Representatives. MY DEAR MR. LEAVITT: Reference is made to our letter of April 25, 1930, responsive to your request of March 31, for report on H. R. 11052, designed to confer full rights of citizenship on the Cherokee Indians in the State of North Carolina. In that report it was said that there was no apparent reason for further questioning the citizenship of these Indians and hence there appeared to be no need for the proposed legislation.

It has since been informally brought to my attention that there still exists considerable doubt in the minds of a number of persons as to whether existing legislation is sufficient to place the matter beyond controversy, it even having been suggested that a decision by the courts in the matter would be necessary to do this.

After further consideration of the matter, enactment of the proposed legislation may prove helpful and hence it is suggested that the pending bill be given favorable consideration by your committee. Very truly yours,

Ray LYMAN WILBUR, Secretary.

STATE OF North CAROLINA,
DEPARTMENT OF ATTORNEY GENERAL,

Raleigh, May 9, 1930. Hon. GEORGE M. PRITCHARD,

House of Representatives, Washington, D. C. DEAR Sir: Recently I received inquiry similar to yours of April 26, and May 8, from Mr. Aaron Hooper, chairman of the board of elections of Jackson County. I send you copy of the letter which I am sending him. Yours very truly,

DENNIS G. BRUMMITT,

Attorney General.

May 9, 1930. Mr. AARON HOOPER,

Chairman County Board of Elections, Sylva, N. C.
DEAR Sır: On yesterday I replied to your telegram as follows:

“Under recent Federal statute Indians referred to probably have right to vote if meeting requirements of State laws, but it will probably be well to have decision of court on subject.”

Upon a consideration of all the acts relating to this subject, it seems to me that the better opinion is that these Cherokee Indians, by reason of the act of June 25, 1929, are given the rights of citizenship so as to permit of their voting in primary and general elections of this State where they possess the other necessary qualifications under the laws of North Carolina. Probably it might be well to have a court decision in the matter, but I am of the opinion that until this has been done, registrars should register them as electors where they have the qualifications and meet the test required under our election law. Yours very truly,

DENNIS G. BRUMMITT,

Attorney General.

STATE OF NORTH CAROLINA,

County of Swain: I, V. A. Browning, clerk of the superior court of the aforesaid county and State, do hereby certify that R. M. Thomasson was, at the time of signing the annexed certificate, a duly commissioned and qualified justice of the peace in and for the county of Swain, State of North Carolina, and as such full faith and credit is due to his official acts; and, further, that his signature thereto is in his own proper handwriting.

In testimony whereof I hereunto set my hand and seal of office this 25th day of May, 1930. (SEAL.]

V. A. BROWNING,

Clerk of the Superior Court. NORTH CAROLINA,

Swain County, 38:
Henry Owl, being first duly sworn, says-

That he is a Cherokee Indian and is a member of the Eastern Band of Cherokee Indians of western North Carolina, and that he has been, most all of his life, a resident of Swain County in said State, and that he was more than 21 years of age on the 24th day of May, 1930;

That he is a graduate of the University of North Carolina, and that he can read and write and understand the constitution of said State, and that he does understand and can explain any part of said constitution;

That on the 24th day of May, 1930, he was a resident of Swain County, N. C., and that he had been å resident of said county and State all of his life except for the period of time when affiant was attending college and the university as a student;

That'one Ed Floyd is one of the registrars in Swain County and at the Ravensford voting precinct in said county and that he is the proper registrar, regularly appointed by the election board of Swain County, to register all electors for the primary and general elections to be held in the year 1930 at said voting precinct, and that Saturday, May 24, 1930, is and was one of the days required by law for said registrar to be and appear at the said voting precinct for the purpose of registering voters or electors for said primary and general elections;

That on said day, the said 24th day of May, 1930, affiant went to said precinct and presented himself to said registrar and requested and demanded that said registrar place the name of affiant on the registration books of said precinct, affiant residing within the boundaries of said precinct, and demanded and requested that said registrar examine affiant to find out if affiant, could qualify as one of the electors of said precinct under the laws of North Carolina, but said registrar failed and refused to examine affiant as to his qualification as elector and failed and refused to register affiant or to place his name upon the registration books of said precinct because affiant is a Cherokee Indian, said registrar giving as his reason for refusing to register affiant the fact that affiant is an Indian and stated to affiant and others present that he would not register any Indian or person of Indian descent as they are wards of the Government of the United States and not citizens of North Carolina, and said registrar further stated that he had been instructed by the election board of Swain County not to register any Indian or Indians.

HENRY Owl, Affiant. Subscribed and sworn to before me this the 24th day of May, 1930.

R. M. ThomasSON, Justice of the Peace.

NORTH CAROLINA,

Swain County, 88:
W. G. Hall, being first duly sworn, says-

That he is a citizen and resident of Swain County, N. C., and that he is engaged in the practice of law, with offices in Bryson City in said county;

That one Ed Floyd is the duly appointed and acting registrar at the Ravensford precinct for the primary and general elections for the year 1930, said Ravensford voting precinct being in said county of Swain; and that Saturday, May 24, 1930, is one of the days on which said registrar is required by the laws of North Carolina to be and appear at said precinct to register any person who may qualify as elector for said elections;

That on said 24th day of May, 1930, affiant was present at said Ravensford precinct where and when said registrar was present to perform his duties as registrar, and while there affiant says that several Cherokee Indians presented themselves for registration and demanded that said registrar qualify and examine them and to register them if they met the test required by the laws of North Carolina of all electors; that said registrar failed and refused there and then to examine any of said Indians and refused to register said persons on the grounds and excuse that they were Indians, holding that said Indians are wards of the United States and not citizens of North Carolina, and upon inquiry made by affiant said registrar stated that he would not register any Indian, regardless of his qualifications or fitness or education, holding that Indians are not citizens of this State, and said registrar further stated that he had been instructed by the Swain County Election Board not to register any of the Indians in Swain County or any other county;

That while present as above stated one Henry Owl, a Cherokee Indian, presented himself for registration, that affiant knows the said Owl, and knows that he can qualify as an elector under the laws of North Carolina, the said Owl, as affiant is informed and believes, being a graduate of the University of North Carolina and having attended college and said university for a period of about six years; that said Owl is a resident of said Ravensford precinct and has been a resident of said precinct all of his life, and that he is more than 21 years of age; that said registrar refused to register said Owl or to even examine said Owl to satisfy himself if he could qualify as an elector at said precinct, stating that he would not register Owl or any other Indian, regardless of qualification under the election laws, on the ground that Indians are not citizens of North Carolina.

W. G. Hall, Affiant. The foregoing and attached affidavit was subscribed and sworn to before me this the 26th day of May, 1930.

R. M. THOMASSON,

Justice of the Peace. O

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