Laws Affecting the Five Civilized Tribes Collections – Page 2 of 4

Decision Rendered Lemuel Welcome

Office Of The Assistant Attorney-General Washington, D. C., November 12, 1904 The Secretary Of The Interior SIR: I received by reference of July 22, 1904, with request for my opinion thereon, the record in the application of Lemuel Welcome to the Commission to the Five Civilized Tribes for his enrollment as a Cherokee freedman by intermarriage. The applicant is a Negro, born in Ohio about 1855, who first went to the Cherokee country about 1870, and September 19, 1883, under a Cherokee marriage license, married Amanda Williams, who was identified on the 1880 authenticated roll of Cherokee freedmen. Her enrollment … Read more

Decision Rendered Joe and Dillard Perry

Office Of The Secretary Washington, D. (7., February 25, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: November 14, 1904, you transmitted report of proceedings had and additional evidence taken in the matter of the applications of Joe and Dillard Perry for their enrollment as citizens by blood of the Chickasaw Nation instead of Chickasaw freedmen. November 26, 1904 (Land 80819), the Acting Commissioner of Indian Affairs, reporting in the matter, recommended that Joe and Dillard Perry be declared to be citizens by blood of the Chickasaw Nation, and that the Department direct the transfer of their … Read more

Decision Rendered James S. Long et al

Office Of The Secretary Washington, D. C., February 23, 1906. Commissioner To The Five Civilized Tribes Muscogee, Ind. T. SIR: On January 19, 1905, the Commission to the Five Civilized Tribes transmitted the record in the matter of the application for the enrollment of Lula F. Long, James S. Long, Joseph Long, and Forbis Long as citizens by blood of the Choctaw Nation, with its decision of January 19, 1905. dismissing the application of Lula F. Long and denying the application of James S., Joseph, and Forbis Long. The papers in the matter were forwarded by the Indian Office March … Read more

Decision Rendered in Richard B. Coleman, et al

Office of the Secretary Washington, D. G., March 27, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: August 25, 1904, you transmitted the record in the consolidated case embracing the applications of Richard B. Coleman, Ida C. Walker, Bettie W. Cooper, Bennetta Coleman, Henry A. Coleman, Willie N. Coleman, Richard S. Coleman, Winifred Coleman, Eva F. E. Coleman, Ida May Coleman, Ruth St. Clair Coleman, Richard W. Cooper, and Coleman Carlota Walker for enrollment as citizens by blood of the Choctaw Nation, and of Eva Coleman and Annie E. Coleman for enrollment as citizens by intermarriage of … Read more

Decision Rendered in James M. Buckholts, et al

Office Of The Secretary, Washington, I). C., February 24, 1904 The Commission to the Five Civilized Tribes, Muscogee, Ind. T. GENTLEMEN: There is enclosed herewith a copy of an opinion of the Assistant Attorney-General for this Department of February 18, 11)01, in the matter of the application for the enrollment of James M. Buckholts, Rebecca Buckholts, and Alice Dwight, formerly Buckholts, which opinion has been approved by the Department. In accordance therewith your decision in favor of the applicants is hereby affirmed. A copy of the Commissioner of Indian Affairs letter of December 1, 1903, submitting the case, is enclosed. … Read more

Decision Rendered Harry Still

Office Of The Assistant Attorney-General Washington, D. C., October 5, 1905 The Secretary Of The Interior SIR: I received by reference of September 15, 1905, the record in case of Harry Still, applicant for enrollment as a Cherokee freedman. The letter of reference states that: It appears that the supreme court of the Cherokee Nation on June 7, 1871, admitted the applicant to all the rights of Cherokee citizenship entitled under the treaty of July, 1800. Your opinion is requested as to whether the applicant is entitled to be enrolled as n Cherokee freedman by reason of the admission of … Read more

Decision Rendered Frank London et al

Office Of The Secretary Washington, D. C., April 15, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: The Department is in receipt of your letter of January 31, 1905, reporting on the Creek enrollment case of Frank London et al. On May 24, 1901, you decided that the applicants in said case were not entitled to enrollment. Your decision was approved by the Department on February 20, 1902. On May 25, 1904, the Department, having received a communication from Samuel Bonnell and Tobias McIntosh relative to said case, returned the record in the case, and you were … Read more

Decision Rendered Emma McMenamin

Office Of The Secretary Washington, D. C., February 3, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: In accordance with the opinion of the Assistant Attorney-General of January 28, 1905 (copy enclosed), approved by the Department, the application of Emma McMenamin for enrollment as a citizen by intermarriage of the Choctaw Nation is hereby rejected. The case was submitted with your letter of October 31 and Indian Office letter of November 11, 1904. A copy of the letter of November 11, 1904, is enclosed. Respectfully, Thos Ryan, Acting Secretary. Office Of The Assistant Attorney-General Washington, D. C., … Read more

Decision Rendered Ella Jones

Office Of The Secretary, Washington, D. C., August 9, 1904 Commissioner To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: On May 2, 1904, you transmitted, the record relative to the application of Ella Jones for enrollment as a citizen by intermarriage of the Choctaw Nation, including your decision of the same date, rejecting the applicant. In your decision you state that it does not appear that the applicant ” has ever been married in accordance with the laws, customs, and usages of the Choctaw Nation to a recognized and enrolled citizen of said nation.” Reporting October 22, 1903, the … Read more

Decision Rendered Clay McCoy

Office Of The Secretary Washington, D. C., August 3, 1904 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: June 8, 1904, you transmitted the papers in the matter of the application of Clay McCoy for enrollment as a citizen, by intermarriage, of the Chickasaw Nation. It appears that McCoy was married in 1895 to a citizen by blood of the Chickasaw Nation, in accordance with the laws of that nation; that his wife’s name is now borne upon the rolls of the Chickasaw Nation prepared by you and approved by the Department, and that they have resided continuously … Read more

Decision Rendered Clara A. Ward

Office Of The Assistant Attorney-General Washington, D. C., March 25, 1905 The Secretary Of The Interior SIR: I received by reference of October 17 , 1904, with request for my opinion thereon, the papers in the application of Clara A. Ward to be enrolled as a citizen of the Cherokee Nation. The applicant was born in the nation, to its allegiance, of Cherokee parents, in 1859, and lived there until September 2, 1862, when her father, a Moravian missionary, was killed. The widow and five children went to Illinois, where she died in 1864. The orphaned children were educated by … Read more

Decision Rendered Belle Z. Bowers

Office Of The Assistant Attorney-General Washington, D. C., February 10, 1905 The Secretary Of The Interior SIR: I received by reference of October 6, 1904, with request for, opinion thereon, the motion of Belle Z. Bowers to set aside departmental decision of February 7, 1902, and that of the Commission to the Five Civilized Tribes there to fore rendered, and to grant a new hearing upon her application for enrollment of herself and her husband and children as citizens by blood of the Cherokee Nation. January 19, 1902, the Commission rejected her application, with others, upon the ground that: not … Read more

Decision Digest – P – W

Parties 1. At interest in contests. The only parties at interest in contest matters are the contestant and contestee, and they are the only persons considered when determining the questions at issue in contests. (Choctaw No. 565, Moore v. McKinney.) Possession 1. When necessary. The ownership of improvements on the north and east sides of a tract of land, such improvements being erected especially with reference to lands lying north and east of that in controversy, gives no right to the owner thereof unless he exercises acts of possession over the land in controversy. (Choctaw No. 305, Lewis v. Durant.) … Read more

Decision Digest – J – O

Judicial Notice 1. Of Department records. (See RECORDS, par. 4.) Judgment 1. Of United States court, effect of. Although judgments of the United States court in Indian Territory are not binding upon the Commission, the fact that a judgment was rendered in such a court by agreement of the parties is confirmatory evidence of the facts upon which the judgment was predicated. (Cherokee No. 26, Barlow v. Brown.) 2. Same. Judgment of United States court not binding on contestant where contestant was not made a party to the suit in said court. (Creek No. 131, Beams v. Taylor.) 3. When … Read more

Decision Digest – F – I

Fractional Subdivision Of less than 10 acres. (See ALLOTMENT, par. 6.) Fraud 1. In making selection, effect of. Contestee filed upon land, falsely swearing that he was the owner of the improvements and subsequently attempted to obtain title therein from one of the former owners of said improvements. Held, That contestee’s filing was fraudulent and of no effect and conveyed no rights to contestee. (Choctaw No. 42, Freeny v. Dillard.) 2. Presumption of, inadequate consideration. Where the amount for which land was sold at an execution sale ($8) was grossly cut of proportion to the real value ($800 to $2,200), … Read more

Dawes Commissioners Salary Act of March 3, 1901

31 Stat. L. 1073 For salaries of four commissioners, appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars : Provided, That the number of said commissioners is hereby fixed at four. For expenses of commissioners and necessary expenses of employees, and three dollars per diem for expenses of a clerk detailed as special disbursing agent by Interior Department, while on duty with the Commission, shall be paid there from; for clerical help, including secretary of the … Read more

Curtis Act – June 28, 1898

An Act For the protection of the people of the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all criminal prosecutions in the Indian Territory against officials for embezzlement, bribery, and embracery the word “officer,” when the same appears in the criminal laws heretofore extended over and put in force in said Territory, shall include all officers of the several tribes or nations of Indians in said Territory. SEC. 2. That when in the progress of any civil suit, either in … Read more

Creek Allotment Contest Cases 1904-1906

Statement showing the disposition and present status of Creek allotment contest cases appealed from the decisions of the Commission to the Five Civilized Tribes and Commissioner to the Five Civilized Tribes, and in which decisions on said appeals have been rendered, from July 1, 1904, to May 31, 1906, inclusive.

Creek Agreement, March 8, 1900

An Act To ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement negotiated between the Commission to the Five Civilized Tribes and the Muskogee or Creek tribe of Indians at the city of Washington on the eighth day of March, nineteen hundred, as herein amended, is hereby accepted, ratified, and confirmed, and the same shall be of full force and effect when ratified by the Creek national council. The principal … Read more

Choctaw and Chickasaw Enrollment Cases

Regulations of Commissioner of January 2, 1906, Relative to Petitions for Rehearing Under the Loula West, Mary Elizabeth Martin, and Joe and Dillard Perry Enrollment Cases. Numerous inquiries have been made of this office as to the procedure to be followed by the Commissioner to the Five Civilized Tribes relative to the right to enrollment of persons as citizens of the Choctaw or Chickasaw Nation under the opinions of the Assistant Attorney-General for the Department of the Interior rendered November 11, 1905, in the matter of the application for the transfer of the names of Joe and Dillard Perry from … Read more