5 Indian Terr. 145 | Ct. App. Ind. Terr. | 1904
This is a suit in equity brought by G. W. Dukes and 25 other Choctaw citizens who are named in the complaint, and D. H. Johnson and 25 other Chickasaw citizens also named in the complaint, and for the use of 20,000 other Choctaw and Chickasaw Indians not named because of the impracticability of naming so great a number, and of the great area over which they are distributed, against William Goodall and 10 others, whose names are set out in the complaint, and “all persons claiming to be members of the Choctaw or Chickasaw nations or tribes of Indians by virtue of alleged decrees of the United States Courts for the Central and Southern Districts of the Indian Territory, sitting, respectively, at South McAlester and Ard-more, and commonly known as 'court citizens.’ ” It is alleged in the complaint “that all of the defendants are citizens of the United States, and are not members of the Choctaw or Chickasaw nations or tribes of Indians, but that said defendants are persons who claim to be members of said tribes by virtue of certain alleged decrees of the United States Court aforesaid; that said persons so claiming to be members of said tribes are approximately four thousand in number, and reside at various points upon the lands known as the ‘Choctaw and Chickasaw Nations,’ and are commonly known and designated as ‘court claimants’; and plaintiffs allege that on account of the great number of defendants, and the great area over which they are distributed, it is utterly impracticable to make them all parties defendant by name, or to maintain separate actions against them, wherefore they bring this action against not only said defendants named above, but against all of said persons known as ‘court claimants,’
Since this suit was brought, Congress has established a citizenship court, with full power to adjudicate all questions arising between these defendants and the Choctaw and Chickasaw Nations, and invested it with exclusive and final jurisdiction, the effect of which is to leave nothing of interest in the result of this suit, except the mere payment of costs.