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Nations No, 107
In re Application of Mahala Marcum et al
Demurrer and Answer
Filed ?Sept? 2/96
? H. W. January, Secy
Before the Honorables, Henry L. Dawes, Frank C. Armstrong, A.S. McKennon. T. B. Cabaniss, and A. B. Montgomery, Commissioners
In the matter of application of Mahala Marcum, et al Nationšs No. 107
For citizenship in the Cherokee Nation.
Your respondent, S. H. Mayes, Principal Chief of the Cherokee Nation, comes now and demurs the said application, and for the grounds thereof says:
1st. That this Commission has not jurisdiction over the parties or subject matter of this controversy, and no legal right, therefore, to hear and determine the same.
2nd. That the application does not state facts sufficient, if true, to show that the applicant _______entitled to citizenship.
Respondent not waiving he aforesaid demurrer, but insisting upon the same for answer to said application, says that John Sizemore, Bill Sizemore and Bill Sizemore through whom the petitioners claim to derive their right to citizenship in the Cherokee Nation, is not now, and has not been a citizen of the Cherokee Nation, since the removal of said Nation, west to the Indian Territory as at present located and defined; that their names do not appear on any of the authenticated rolls of said Nation; that neither they nor any of their ancestors now reside, or ever resided in the Cherokee Nation and Indian Territory.
Having fully answered, your respondent askes to be hence dismissed.
Signed, S. H. Mayes, Principal Chief of the Cherokee Nation
By Hutchings, Hastings, ?Boudines? Attorneys
John L. ?Adair??, Ex-Sec. Having been first duly sworn, states that the matters contained in the foregoing answer, are true, to the best of his knowledge and belief.
Signed John L. ? Aasinn??
Subscribed and sworn to before me this, the 27th day of August 1896
Signed D. J. Ball, Notary Public