Collection: Laws Affecting the Five Civilized Tribes

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

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

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

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.,

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

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

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.)

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

Digest of Decisions Rendered, 1904 – 1906

Inclusive, Upon Appeals From The Decisions Of The Commission To The Five Civilized Tribes And The Commissioner To The Five Civilized Tribes In Allotment Contest Cases. Abatement and Revival On death of party. (See DEATH, par. 1.) Abandonment 1. What constitutes. When a division fence was removed and placed on a certain line and the parties on each side of the new line occupied the land as so divided, and one of them, after a number of years, died, his heirs continuing to occupy the land on his side of the fence without objection : Held, That the other party

Decisions Rendered Loula West

Office Of The Secretary Washington, D. C., February 15, 1905 Commission To The Five Civilized Tribes Muscogee, Ind. T. GENTLEMEN: Enclosed herewith is a communication, dated December 10, 1904, from Mrs. Loula West, of Ardmore, Ind. T., forwarding a petition ad dressed to the President, praying him to cause an investigation to be made of the allegations contained in said petition, and, if said allegations are found to be true, to cause her name to be placed upon the final roll of the Choctaw Nation. It appears from said petition that your Commission deems itself precluded from considering her case