Joseph W. Gamlin Et Al., Choctaws, 6068
Court No. (southern district) 148. Citizenship court No. (Tishomingo) 107
This case has been fully covered by the report of Mr. Howell. an assistant in the office of the Assistant Attorney General for the Department of the Interior, and also the report of the Commissioner to the Five Civilized Tribes to the department under date of April 29, 1909.
The names of the leading claimants appear on the 1896 Choctaw roll, Atoka and Blue Counties, opposite the following numbers:
Amanda L. Reed, 4920; Lovie F. Scott, 11693; Hattie M. Scott, 11694; Minnie R. Scott, 11696; Arche M. Scott, 11695; Eliza Ann Gamblin, 4915; Joseph W. Gamblin. 4916; Emma Gamblin, 4917; Indianola Gamblin, 4918; James W. Gamblin, 4919; Hattie L. Gamblin. 4921.
The Choctaw revisory board in January, 1897, enrolled the following persons opposite the following numbers, as will more particularly appear from the copy of a certified copy showing their enrollment, hereto attached:
1114, John H. Gamblin; 1115, Anna Gamblin; 1116. Joseph Gamblin: 1117, Emma Gamblin: 1118. Indianola Gamblin; 1119, Walter Gamblin; 1120, Amandy Gamblin; 1121. Hattie Gamblin; 1122, Orange Daurance; 1123, Dynk Lysle: 1124, Dyce Daurance; 1125, Hattie Tannie Reed: 1129, Arch Reed.
All the claimants herein applied to the Choctaw citizenship committee for enrollment under the act of June 10, 1896, and were enrolled by that committee, from which enrollment no appeal was taken by the nation. Walter W. Jones, who made no application to the Choctaw citizenship committee, applied for himself, his family, the Gamblins, and Scotts under the act of June 10, 1896, to the Dawes Commission, which had concurrent jurisdiction with the citizenship committee, for the enrollment of said applicants as citizens of the Choctaw Nation, which application was rejected by said commission. An appeal was taken by Walter AY. Jones to the United States court from the decision of the commission rejecting said claimants.
On January 17, 1898, the court entered judgment, adjudging the following persons entitled to enrollment, certified copy of said judgment being hereto attached:
Francis Jones, Brinley Wilburn Jones, William Albert Jones, Rutherford Ferryman Jones, Mary Malinda Jones, Amanda Melvina Jones, Carrie Pernicia Jones, Eliza Ann Jones, John Gandy Jones, Walter W. Jones, Fitzhugh Lee Jones, Rubie Estella Jones, Minnie Mildred Jones, Charlie Marion Jones, Minnie Cletus Jones, Capitola Jones, Victoria Jones, Elizebeth May Jones, Sallie Fisher Jones, William James Jones, Garland Rutherford Jones, Rcandes Jones, Nellie Rutherford Jones, Lovie Francis Scott, Hattie Myrtle Scott, Minnie Roberta Scott, Archie McCoy Scott, Glennis Scott, James Walter Gamblin, Joseph Wilburn Gamblin, Indianola Gamblin, Amanda Lutoma Gamblin, Hattie Loving Gamblin, Robert J. Jones, Sallie M. Jones, William Oscar Jones, George D. Jones, Walter J. Jones, Mary A. Jones, Lilburn B. Jones, Pearlie V. Jones, Lizzie B. Jones, and John H. Gamblin.
On October 15, 1808, the court entered the following corrective judgment:
Walter W. Jones et al., plaintiffs, v. The Choctaw Nation, defendant. No. 148.
Judgment.
This cause coming on to be heard on this, the 15th day of October, 1898, upon the motion of the plaintiffs herein to have the judgment heretofore rendered in this cause corrected as to the names of Mrs. Eliza Ann Gamblin and Mrs. Minnie Mildred Henson, and it appearing to the court that these parties were admitted to citizenship in the Choctaw Nation under the said Judgment as Eliza Ann Jones (her maiden name) and Minnie Mildred Jones (her maiden name), whereas at the time of applying for citizenship herein they had married and their names were then Mrs. Eliza Ann Gamblin and Mrs. Minnie Mildred Henson, and that the erroneous naming of these parties occurred in the drafting of the praecipe of the judgment herein and through no fault of the applicants whatever.
And it appearing further that the said correction should, in justice to the above parties, be made, in order that said judgment should speak the truth,
It is therefore ordered, decreed, and adjudged that the judgment heretofore rendered in this cause on the 17th day of January, 1898, be amended and corrected as to the names of Eliza Ann Jones and Minnie Mildred Jones, so that these parties be admitted in their true names, which are Mrs. Eliza Ann Gamblin and Mrs. Minnie Mildred Henson; and the clerk of this court is ordered arid directed to certify a copy of this judgment to the Dawes Commission, and said commission is ordered and directed to enroll said parties in accordance with the amendments herein made.
Hosea Townsend, Judge
Indian Territory, Southern District:
I, C. M. Campbell, clerk of the United States court within and for the southern district of the Indian Territory, do hereby certify that the above and foregoing is a true, perfect, and literal copy of the original judgment as appears upon the journal of this court.
In testimony whereof witness my hand and official seal at my office in Ardmore, Ind. T., this 15th day of October, 1898.
[seal.] C. M. Campbell, Clerk United States Court.
It will be observed that as to the Gambling and Scotts that they now were possessed of a double enrollment, being first enrolled by the Choctaw Nation, through its citizenship committee, in 1897, and second by judgment of the United States court in 1898.
December 17, 1902. Decree of United States court vacated by judgment of the Choctaw and Chickasaw citizenship court in the “test case.” The case was subsequently certified to the Choctaw and Chickasaw citizenship court for trial de novo.
November 28, 1904. Decree of Choctaw and Chickasaw citizenship court denying all the applicants named above.
January 23, 1905. Commission entered orders dismissing the applications for the enrollment of those claimants not denied by the Choctaw and Chickasaw citizenship court, for the reason that the persons through whom they claimed had been denied by said court.
February 6, 1906, February 20, 1906, March 6, 1906, March 9. 1906. Petitions were filed by these claimants praying for a rehearing in their several cases under the ruling of the department in the Lulu West case, and the cases were consolidated by the commissioner.
July 30, 1906. Further proceedings before the Commissioner to the Five Civilized Tribes in this case and testimony taken.
February 14, 1907. Decision rendered by commissioner admitting the following persons:
James W. Gamblin, Hattie L. Gamblin, Benny Gamblin, Eliza Ann Gamblin, Joseph W. Gamblin, Indianola Gamblin. Amanda L. Gamblin, Archie Reed, Glen Reed, Lovie F. Scott, Hattie M. Scott, Minnie R. Scott, Archie M. Scott, Joseph A. Scott, James I. Scott, Glennis Scott, Emma Gamblin, Lillie Gamblin, Fred Gamblin, Roy Scott, William Deral Skelton, Icy Skelton, Joseph Rexford Reed, and denying John H. Gamblin and Mary M. Jones as intermarried citizens, and dismissing applications for Orange Dorrance, Icey Dorrance, George Scott. Arch Reed, for the reason that no application had been made for their enrollment within the time provided by law.
The reason assigned by the commission for rejecting John H. Gamblin was that he was not married to Eliza Ann Jones (now Gamblin), a citizen of the Choctaw Nation, according to Choctaw laws. They were married in 1867, in the State of Georgia, and long before the Choctaws had any law requiring its citizens to marry under its laws. Such a law was not enacted by the Choctaws until 1876. The commission also found that Eliza Ann Jones (now Gamblin) was not admitted to citizenship by the United States court. Both of these holdings denying John H. Gamblin and his wife, Eliza Ann, were clear error, as the records disclose. These erroneous findings occurred in the closing days of the enrollment work, and when but little time was afforded for the consideration of cases by the commission or the department.
As to Orange and Icey Dorrance, George Scott, and Arch Reed, who were rejected by the commission in the above decision, all of their names appear on the 1897 roll made by the revisory board of the Choctaw Nation and all of them made application for enrollment, therefore the holding of the commission rejecting them was equally erroneous.
February 15, 1907. Case forwarded department, together with decision and schedules of citizens by blood and marriage of the Choctaw Nation containing the names of the persons admitted by decision as follows:
Citizens by blood, Nos. 16181 to 16196, inclusive’:
16181, Reed. Amanda L.; 16183, Reed. Archie; 16183. Reed. Glenn: 16184. Scott, Lovie F.; 16185, Scott. Hattie M.; 16186, Scott, Minnie R.; 16187, Scott. Archie M.; 16188. Scott, Glennis; 16189, Scott, Joseph A.; 16190, Scott. James T.; 16191, Gamblin. Eliza Ann: 16192, Gamblin, Joseph W.: 16193. Gamblin. Indianola; 16194. Gamblin, James W.; 16195, Gamblin. Hattie L.; 16196. Gamblin, Benny.
Citizens by marriage, Nos. 1651 and 1652:
1651, Gamblin. Emma: 1652, Gamblin. Lillie.
Minor children by blood, Nos. 923 to 928. inclusive:
923. Skelton. William Deral; 924, Skelton, Icy; 925, Gamblin. Fred; 926, Scott, Roy; 927, Reed, Annie Kella: 928, Reed. Joseph Rexford.
March 1, 1907. Department reversed the decision of commissioner and disapproved the schedules above described under an opinion of the Attorney General of the United States of February 12, 1907.
March 1, 1907. Department reversed the decision of commissioner case in which his decision of February 19, 1907, was rendered, for further consideration. It wits then too late to make the reference, as the rolls wore on that day closed by operation of law and the injuries to claimants sustained by the decision of February 19, 1907. was beyond recall under the then existing law.
March 1, 1909. Department requests report on this case.
April 29, 1909. Commissioner reports fully the facts in this case to department.
June 1, 1909. Department held that the case was not analogous to the Goldsby case and did not come within the purview of the opinion of the Supreme Court of the United States of November 30. 1908. and that no action could be taken looking to the enrollment of the applicants.
Counsel respectfully represent that inasmuch as these applicants were found by the Commissioner to the Five Civilized Tribes and the United States court to be entitled to enrollment and as their enrollment was disapproved under an erroneous construction by the department of an opinion of the Attorney General of the United States of February 12, 1007, which was subsequently modified by an opinion of the Attorney General of March 4. 1907, too late to be used in enrollment matters, these applicants should be enrolled.
Those entitled to enrollment are James W. Gamblin, Hattie L. Gamblin, Benny Gamblin, Eliza Ann Gamblin, Joseph W. Gamblin, Indianola Gamblin. Amanda L. Gamblin, Archie Reed, Glenn Reed. Lovie F. Scott. Hattie M. Scott, Minnie R. Scott. Archie M. Scott. Joseph A. Scott. James I. Scott, Glennis Scott, Emma Gamblin. Lillie Gamblin. Fred Gamblin, Roy Scott, William Deral Skelton. Icy Skelton, Annie Kehla Reed. Joseph Rexford Reed. Orange Dorrance, Icey Dorrance, Mary M. Jones, John H. Gamblin, George Scott, Arch Reed.
Exhibits attached.
Respectfully submitted.
Walter S. Field, Attorney for Claimant.
1114. John H. Gamblin.
1115. Anna Gamblin.
1116. Joseph Gamblin.
1117. Emma Gamblin.
1118 Indianola Gamblin.
1119. Walter Gamblin.
1120. Amandy Gamblin.
1121. Hattie Gamblin (Hattie Lavina Skelton).
1122. Orange Daurance.
1123. Dynk Lysle.
1124. Dycle Durance.
1125. Hattie Tannie Reed.
1129. Arch Reed.
This is to certify that the foregoing names were enrolled on the legal citizenship roll of the Choctaw Nation by the chief commissioner. This 14th day of January 1897.
A. H. Durant, Chairman.
This Is to certify that A. H. Durant is tho duly appointed chairman of the board of census commissioners appointed in accordance with an act of the general council of the Choctaw Nation passed at the regular session thereof in 1896, for the purpose of enrolling citizens of the Choctaw Nation.
Given under my hand and the seal of the Choctaw Nation in the city of Caddo. Ind. T., this the 23d day of January 1897.
[seal.] Solomon J. Homer,
National Secretary Choctaw Nation
I hereby certify that the above and foregoing is a true copy of a certified copy taken from the citizenship roll of the Choctaw Nation. Given under my hand and seal this the 2d day of April 1897.
[SEAL] W. I. Gilbert, Notary Public
In the United States court for the Indian Territory, southern district, at Ardmore.
Walter W. Jones et al., plaintiffs, v. Choctaw Nation, defendant. No. 148.
Judgment.
This case coining on to be heard on this the 17th day of January 1898. upon the pleadings, evidence, master’s report and exceptions thereto, and it appearing to the court there from that the parties hereinafter named are entitled to citizenship in the Choctaw Nation of Indians and to have their names enrolled on the rolls of said nation as members thereof, and it appearing further that they have duly complied with the laws in the prosecution of their application for citizenship and have fully met every requirement therefor:
It is therefore ordered, adjudged and decreed that the exceptions to the master’s report be overruled and the master’s report be confirmed in all respects, and that the following named parties be and the same are hereby, admitted to citizenship in the Choctaw Nation of Indians as citizens thereof and their names be enrolled on the rolls of said nation, to wit:
Francis Jones, Brinkley William Jones, William Albert Jones, Rutherford Ferryman Jones, Mary Malinda Jones, Amanda Melvina Jones, Carrie Pernicla Jones, Eliza Ann Jones, John Gaudy Jones, Walter W. Jones, Fitzhugh Lee Jones, Ruble Estella Jones, Minnie Cletus Jones, Capitola Jones, Victoria Jones, Elizabeth May Jones, Minnie Mildred Jones, Charlie Marion Jones, Sallie Fisher Jones, William James Jones, Garland Rutherford Jones, Reandes Jones, Nellie Rutherford Jones, Lovie Francis Scott, Hattie Myrtle Scott, Minnie Roberta Scott, Archie McCoy Scott, Glennis Scott, James Walter Gamblin, Joseph Wilburn Gamblin, Indianola Gamblin, Amanda Lutoma Gamblin, Hattie Lovinia Gamblin, Robert J. Jones, Sallie M. Jones, William Oscar Jones, George D. Jones, Walter J. Jones, Mary A. Jones, Lilburn B. Jones, Pearlie V. Jones, Lizzie B. Jones, and John H. Gamblin.
It is further ordered, decreed, and adjudged that all tho said parties possess and be permitted to exercise and enjoy all the rights, privileges, and Immunities of citizens and members of the said Choctaw Nation of Indians.
And the clerk of this court is hereby ordered and directed to send a certified copy of this Judgment to the Dawes Commission forthwith.
HOSEA TOWNSEND, Judge
Indorsed No. 148. Walter W. Jones et al. v. Choctaw Nation. Filed in open court. 1-17-’98. C. M. Campbell, clerk. Entered on citizenship record, page 209. U. G. Wynn and Thomas Norman, attorneys for applicants.
In the United States court in the Indian Territory, southern district, at Ardmore.
I, C. M. Campbell, clerk of the United States court for the southern district in the Indian Territory, do hereby certify the above and foregoing to be n true, perfect, and literal copy of the decree of the court entered in the above entitled action, made and entered on the journal thereof on the 17th day of January 1898.
In testimony whereof I have hereunto set my hand and the seal of said court, at Ardmore. In said Territory, this 17th day of January, 1898.
[seal.] C. M. Campbell,
Clerk, United States Court, Southern District Indian Territory.