Page:United States Statutes at Large Volume 48 Part 1.djvu/992

 906 73d C ON-RESS. SESS. II. CH. 540. JUNE 15, 1934 . on th e tribal roll by the Secret ary of the In terior in the manner Proviso. provided for in this Act and shall be entitled to all the privileges of Persons excluded. membership in said tribe : Provid ed, That no person who partici- pated in the so-called " Half Breed Payment of 1849 " shall, for the purpo ses of enroll ment as a memb er of the tri be, be consid ered as possessing any Menominee Indian blood, and no person claiming to possess one fourth or more of Menominee Indian blood shall here- after be placed on the tribal roll unless he can establish the fact that he possesses the required one fourth or more of Menominee Indian blood as a. descendant of a person or persons possessing Menominee Indian blood other than those persons who participated in the so-called " Half Breed Payment of 1849 ." .,!,ak paymen sr a r SEC. 5 . No person whose name shall hereafter be placed on the roll need • of the Menominee Indian Tribe shall be entitled to any back annui- ties or per capita payments made to the members of the tribe out of tribal funds which were authorized to be paid to the members of said tribe before such person's name shall have been placed upon such roll. decision. Appeal of enrollment SEC. 6 . Any person whose application f or enrollment as a member of the Menominee Indian Tribe is denied by the Secretary of the Interior shall have the right of appeal to the Federal District Court for the Eastern District of Wisconsin at any time within two years after the denial of suc h application by the said Secretary of t he Interior, and the general council of the Menominee Indian Tribe shall have the right to appeal to said court from any order or deci- sion of the Secretary of the Interior granting any such application or placing the name of any applicant on the tribal roll, at any time within two years after such order or decision of the Secretary of the Notice and hearing thereon Interior. Notice of such appeal and of the hearing thereof shall be. given to the Secretary of the Interior, the applicant and the general Prot'iso. council of the Menominee Indian Tribe, in such manner as the court, Failu re t o ap prove by order, shall direct : Pr ovided , That failure on the part of the deemed a denial. Secretary of the. Interior to approve or deny any application, within two years after the same has been filed with him, shall, for the pur- poses of this section, be deemed a denial of such application. Said affidavits and other ec •i e C affidavits to tn,,. distri ct cour t shal l consi der all affid avits o n file with t he Secr etary deuce presented. of the Interior with reference to the particular application and shall also consider such addition al evidence a s may be prese nted in the form of affidavits or otherwise by any of the parties in interest and shall hear such witnesses in open court as either party may present, and at the conclusion thereof the court shall either affirm or deny the right of said applicant to enrollment as a member of the Menominee Ju dgment con ciu- Indian Tribe, which judgment shall be conclusive. In the event sive. the court decides that the applicant is entitled to enrollment, the court shall order the Secretary of the Interior to place the applicant's name on the tribal roll as of the date upon which said application was denied by the Secretary of the Interior. Conflicting tribal cus- SEC. 7. The provisions of this Act shall be applicable to the tom or act of Congress repealed enrollment of members of the Menominee Indian Tribe of the State of Wisconsin notwithstanding any conflicting tribal custom of said tribe, and any Act or Acts of Congress in conflict with the provi- sions of this Act are hereby repealed insofar as same relates to the Menominee Indians. Approve d, June 15, 1 934.