Ex parte Joins
Encyclopedia
Ex parte Joins, 191 U.S. 93
(1903), was a case in which the Supreme Court of the United States
held that a request for a writ of prohibition was moot, as the lower court case had already been completed prior to the petition being heard at the Supreme Court.
to break up the Five Civilized Tribes
by allotting individual tribal members sections of land that previously had been held by the tribe. The tribes resisted this process and in 1896 Congress gave the commission the additional power to determine who were tribal members and allot tribal land to these members based on the tribal rolls that the commission prepared. An appeal of the decision of the commission was permitted to the United States District Court
for the Indian Territory
and the courts decision was final.
Both the Choctaw
and Chickasaw
tribes prepared their own tribal rolls and presented these rolls to the commission. After arguments presented by tribal attorneys, the commission placed 2,075 on the rolls of the Five Civilized Tribes, out of approximately 75,000 applicants. At this point, tribal citizenship appeals moved to the federal courts. By 1902 Congress, in an effort to resolve the situation, created a new court, known as the Choctaw-Chickasaw Citizenship Court to determine the citizenship issues for the tribes. This court was also given the power to hear a bill in equity to vacate the decisions of the district courts, which it immediately did.
One of the claimants, Joins, then filed for a writ of prohibition to stop the Citizenship Court from hearing any cases. The Supreme Court granted certiorari
to hear the case.
delivered the opinion of the court. Holmes stated that since the Citizenship Court had already completed its work on the case, a writ of prohibition could not and would not issue. The petition was dismissed.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1903), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a request for a writ of prohibition was moot, as the lower court case had already been completed prior to the petition being heard at the Supreme Court.
Background
In 1893, Congress created the Dawes CommissionDawes Commission
The American Dawes Commission, named for its first chairman Henry L. Dawes, was authorized under a rider to an Indian Office appropriation bill, March 3, 1893...
to break up the Five Civilized Tribes
Five Civilized Tribes
The Five Civilized Tribes were the five Native American nations—the Cherokee, Chickasaw, Choctaw, Creek, and Seminole—that were considered civilized by Anglo-European settlers during the colonial and early federal period because they adopted many of the colonists' customs and had generally good...
by allotting individual tribal members sections of land that previously had been held by the tribe. The tribes resisted this process and in 1896 Congress gave the commission the additional power to determine who were tribal members and allot tribal land to these members based on the tribal rolls that the commission prepared. An appeal of the decision of the commission was permitted to the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Indian Territory
Indian Territory
The Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...
and the courts decision was final.
Both the Choctaw
Choctaw
The Choctaw are a Native American people originally from the Southeastern United States...
and Chickasaw
Chickasaw
The Chickasaw are Native American people originally from the region that would become the Southeastern United States...
tribes prepared their own tribal rolls and presented these rolls to the commission. After arguments presented by tribal attorneys, the commission placed 2,075 on the rolls of the Five Civilized Tribes, out of approximately 75,000 applicants. At this point, tribal citizenship appeals moved to the federal courts. By 1902 Congress, in an effort to resolve the situation, created a new court, known as the Choctaw-Chickasaw Citizenship Court to determine the citizenship issues for the tribes. This court was also given the power to hear a bill in equity to vacate the decisions of the district courts, which it immediately did.
One of the claimants, Joins, then filed for a writ of prohibition to stop the Citizenship Court from hearing any cases. The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to hear the case.
Opinion of the Court
Justice Oliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
delivered the opinion of the court. Holmes stated that since the Citizenship Court had already completed its work on the case, a writ of prohibition could not and would not issue. The petition was dismissed.