Class 1
In the following cases the claimants had two findings in their favor, having been admitted by the commission in 1896 and by the United States court on appeal, but were denied by the citizenship court.
Anderson F. Cowling (Choctaw By Blood).
Dawes Commission, No. 741. United States court, No. 170. South McAlester. Citizenship Court. No. 98, McAlester.
The name of claimant. Anderson F. Cowling, appears on the 1885 Choctaw census roll Sans Bois County, Choctaw Nation. His children. John A. Cowling, A. D. Cowling, and Oramittie Cowling, are enrolled on the finally approved roll of citizens by blood of the Choctaw Nation opposite Nos. 15963, 15964, and 15965, respectively. They are enrolled by reason of their Choctaw blood derived from their father. Anderson F. Cowling, the claimant herein. The testimony in this case is clear that claimant, Anderson F. Cowling, voted in the elections, owned land as other Choctaw citizens, purchased land at sheriff’s sale, and held office as deputy sheriff for several years. That he held office is indicated by a certificate hereto attached:
Record
September 7, 1896. Claimant made application for citizenship in the Choctaw Nation under act of Congress of June 10, 1896. for himself and his children as citizens by blood and for his wife. Caroline Cowling, as an intermarried citizen.
December 2, 1896. Commission rendered its decision admitting Anderson F. Cowling as an intermarried citizen and his wife and children as Choctaws by blood. Case appealed to United States court, central district. Indian Territory, as to Anderson F. Cowling, only.
September 11. 1897. Judgment in United States court entered admitting applicant. Anderson F. Cowling, as a citizen by blood of the Choctaw Nation.
December 17, 1902. Judgment of the United States court vacated by general decree of Choctaw and Chickasaw citizenship court in “test case.” Records subsequently certified to citizenship court for trial de novo.
February 29, 1904. Citizenship court rendered a decree denying claimant enrollment.
June 13, 1899. Application of Anderson F. Cowling made to commission at Spiro, Ind. T.. for enrollment of himself and children, John A.. A. D., and Oramittie Cowling, as citizens by blood and for the enrollment of his wife. Caroline Cowling, as a citizen by intermarriage of Choctaw Nation.
June 22. 1905. Commission rendered decision admitting John A., A. D., and Oramittie Cowling, children of Anderson F. Cowling, as citizens by blood, and Caroline Cowling, wife of Anderson F. Cowling, as a citizen by intermarriage. Decision of commission vigorously resisted by attorneys for the Nations, protests being filed before both the Indian Office and the Secretary.
September 12, 1905. Decision of commission approved by Secretary.
January 11, 1906. A petition was filed before commission praying for a rehearing in this case.
April 5. 1906. Further proceedings were had and testimony taken before the commissioner to the Five Civilized Tribes and the commissioner held that this case did not come within the ruling of the department in the Loula West case and for the reason that he had never been prior to 1896 admitted or enrolled as a citizen by blood of the Choctaw Nation or married to a citizen by blood of said nation under Choctaw law.
May 7, 1906. Commissioner to Five Civilized Tribes rendered decision denying application as a citizen by blood of Choctaw Nation for the reason that he had never been enrolled by the Choctaw tribal authorities or admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw Nation. He was denied enrollment as an intermarried citizen of the Choctaw Nation under the ruling of the department in the McMenamin case for the reason that he had not been married to a citizen by blood of the Choctaw Nation under tribal law.
February 15, 1907. Department approved decision of commission. It appears from the record that Caroline Cowling, the wife of the applicant, is enrolled on the final approved roll of Choctaws by intermarriage opposite No. 1507 and the children, John A., A. D.. and Oramittie Cowling, the children of Anderson F. Cowling and wife, Caroline Cowling, are enrolled upon the final approved roll of Choctaws by blood opposite Nos. 15963, 15964, and 15965, respectively.
Counsel for applicant respectfully represent that inasmuch as the testimony shows that claimant is a Choctaw Indian by blood and has resided in the Choctaw Nation, voted, held office, and owned land therein as a citizen, and his children by his wife, an intermarried Choctaw, are enrolled as citizens by blood of the Choctaw Nation by reason of his Indian blood and such enrollment was approved by the Secretary of the Interior, the claimant herein is in equity and good conscience entitled to enrollment as a Choctaw by blood. (Exhibits attached.)
Entitled to enrollment: Anderson F. Cowling.
Respectfully submitted,
Ballinger & Lee, Counsel for Claimants.
(One in all-)
County Of Sans Bois, Choctaw Nation.
To all and singular to whom these presents shall come, greeting:
Know ye, that I, J. S. Forrest, county judge of Sans Bois County, Choctaw Nation, by virtue of the authority vested in me by the laws of said Nation. do hereby grant unto Charles Tucker, n noncitizen. a permit to remain In this Nation as a renter under the employ of A. P. Cowling during the year 1885, with the right and privilege of conducting such business so long as said Charles Tucker shall obey the laws and regulations of the Choctaw Nation in regard to noncitizens residing therein.
Given under my hand this 17th day of February, 1885.
[seal.]
J. S. Forrest, County Judge of Sans Bois County, C. N.
Attest: J. Pearce Thompson, County Clerk
Permit
Choctaw Nation, County of Sans Bois.
To all and singular to whom these presents shall come, greeting:
Know ye. that I, Solomon McGilberry, county judge of Sans Bois County, Choctaw Nation, by virtue of authority vested in me by the laws of said Nation, do hereby grant unto Jim Hurd, a citizen of the United States, a permit to remain in this nation as a renter under the employ of A. F. Cowling during the year 1892, with the right and privilege of conducting such as long as the said Jim Hurd shall obey the laws and regulations of said Choctaw Nation in regard to noncitizens residing therein, not inconsistent with existing treaties and laws of the United States relating thereto, not contrary to the rules and regulations respecting and governing persons obtaining permits, and during good behavior.
Given under my hand this 1st day of January, 1882.
[seal.]
Solomon McGilberry, County Judge.
Attest: Wallace Bond, County Clerk.
Permit
Choctaw Nation, County of Sans Bois.
To all and singular to whom these presents shall come, greeting:
Know ye, that I. M. N. Cass. county Judge of Sans Bois County. Choctaw Nation, by virtue of the authority vested in me by the laws of said Nation, do hereby grant unto J. B. York, a citizen of the United States, a permit to remain in this Nation as a renter under the employ of A. F. Cowling during the year 1887, with the right and privilege of conducting such as long as the said J. B. York shall obey the laws and regulations of said Choctaw Nation in regard to noncitizens residing therein, not inconsistent with existing treaties and laws of the United States relating thereto, not contrary to the rules and regulations respecting and governing persons obtaining permits, and during good behavior.
Given under my hand this 2d day of May, 1887.
[seal.]
M. N. Cass, County Judge.
Attest: M. Harrison, County Clerk pro tem.
This is to certify that A. F. Cowling is appointed deputy sheriff of Sons Bois County, Choctaw Nation, and he is hereby authorized to execute all orders may lawfully come into his hand.
Given under my hand and seal this 2d day of August. A. D. 1889.
Lewis Lucus, Sheriff, Sans Bois County, Choctaw Nation.
Skullyville County, Choctaw Nation:
Know all men by these presents that whereas A. F. Cowling, a citizen of the Choctaw Nation, has this day petitioned, according to the form of the statutes in such cases made and provided, asking that a permit be granted to Mr. Allen. a citizen of the United. States, to remain in his employ in the capacity of a farmer for the year 1880, and it appearing from said petition that the party mentioned therein has no more stock than is allowed noncitizens in the Choctaw Nation, and whereas said application has been duly granted by the honorable county judge of Skullyville County:
Now, therefore. I. the undersigned county clerk of Skullyville County, by virtue of the authority in me vested by the laws of the Choctaw Nation, and in accordance with the above-mentioned application, do this day hereby grant unto the within mentioned Mr. Allen a permit to remain in the Choctaw Nation and engage in the business of farming in the employ of the aforesaid A. F. Cowling: Provided however. That nothing in the foregoing permit shall be so construed as to prevent its being revoked by the proper authorities upon good and lawful cause duly shown.
Given under my hand and seal this 30th day of April. 1891.
E. W. Farnum, County Clerk of Skullyville County, Choctaw Nation