Kelly, Albert.
Choctaw by Mood or Mississippi Choctaw. Files: Memorandum made at office district Indian agent. Antlers, Okla., November 13, 1908, Part I, Exhibit F. Report March 3, 1909. It is stated that this claimant is a half blood, but that for some reason he failed to secure enrollment or to be identified as a Mississippi Choctaw, but that his wife and child have been enrolled. It is also stated that the wife is about three-fourths blood Choctaw and that all are from Mississippi. The people who know this claimant say that he talks the Choctaw language and was reared among them. He has the appearance of being a Choctaw.
Number of claimants in this memorandum, 1.
Kessler, Zora W., Et Al. (including four children).
Cherokees by blood. Files: Part III. Report March 3, 1909. It Is claimed that the mother and sister of Zora W. Kessler have been enrolled as citizens by blood of the Cherokee Nation, opposite Nos. 11286 and 11287. From the information now at hand it appears that this family belongs to the North Carolina branch of the tribe, and that they removed to the Cherokee Nation about 1881. In view of the date of their removal it is probable that they did so in response to the act of the Cherokee council, approved about that time, inviting North Carolina Cherokees to reaffiliate with the tribe. It would seem that this applicant is entitled to enrollment, the only difficulty in her case being that she has not lived continuously In the Cherokee Nation. Her case deserves consideration and investigation.
Number of claimants in this memorandum, 1.
Kent (given name unknown).
Choctaw by blood. Files: Memorandum made at office district Indian agent. Antlers, Okla., November 13, 1908. Part I, Exhibit F, report March 3, 1909. Mr. Peter Hudson, Choctaw delegate, says that there is a child whose last name is Kent, who was reared by a family by the mime of Tenderfer, whose address is Tuskahoma: that this boy is between 18 and 19 years of age: that he was brought up in the nation: that he is a full blood Indian, but that he can not speak the Choctaw language because he was reared by white people.
Note.The difficulty in this case seems to be that his white foster parents took no interest in his tribal relationship. There is responsible authority for the statement that there were other eases where the right to enrollment was lost because children had been adopted by white persons.
Number of claimants in this memorandum, 1.
Kimbale, Richard (or Richmond) (9-1834) Davis, Okla.
Chickasaw by blood. File: Part I of report of March 3, 1909. “This applicant claims enrollment as an intermarried citizen of the Chickasaw Nation by marriage in 1872 with Maulsey Mahardy, a recognized Chickasaw by blood, who died in 1888, and who was sister of Wyatte Mahardy, Chickasaw roll, No. 2974. The applicant, together with his wife (name not given) are identified upon the 1878 Chickasaw annuity roll. Tishoming, County, opposite No. 209. Applicant is possessed of Negro blood, but is a free-born citizen of the United States and has resided in the Chickasaw Nation and been recognized as a citizen thereof since 1867. He was denied because of his Negro blood, but it is claimed that under the treaty of 1860, this man being a United States citizen at time of his marriage, he became by virtue of said marriage a Chickasaw citizen. This applicant is father of Sallie Williams, whose case is stated above, and also Angeline Porter and Amanda Abram. who are on final Chickasaw roll by blood, he being, however, only stepfather of said Amanda Abram. This case did not get to the department until almost the 4th of March, 1907, and we do not believe had proper consideration owing to lack of time. He was denied March 4, 1907.” Number of claimants in this memorandum, 1.
King, John.
King, West.
Cherokees by blood. Files: Report Acting Commissioner to the Five Civilized Tribes. January 15, 1910, addressed to Hon. J. George Wright. John King, age 15; son of Charley King and brother of James King mentioned in paragraph following. West King, child of James and Dollie King: 7 years old.
Number of claimants in this memorandum, 2.
King, Mary.
Choctaw by blood. Files: Report of November 15, 1907, from Commissioner to the Five Civilized Tribes. Application was received by the Commission to the Five Civilized Tribes on December 20, 1902, for the enrollment of Mark King, born September 17, 1902, and living September 25, 1902, who is a child of Jesse King, whose name appears upon the approved roll of Choctaw citizens opposite No. 10778. and Alice King, nee Nicholas, whose name appears opposite Choctaw roll No. 9837. This application was received too late under the act of July 1, 1902, for the child to have been enrolled when the application for it was received.
Number of claimants in this memorandum, 1.
King, Phillip.
Chickasaw by blood. Records in Indian Office and Commissioner to the Five Civilized Tribes office. This man’s case was brought to the attention of the department through Inspector Beede, who prepared a roll of persons claiming compensation for improvements on the segregated coal lands of the Choctaw and Chickasaw Nations. His claim for compensation was denied because his name could not be found upon the rolls prepared by the Dawes Commission. Notwithstanding this fact, Inspector Beede entered a note upon the schedule showing that King was a full-blood Indian. Recent investigation has disclosed that there is a, person named Phillip King, who is enrolled as a Chickasaw freedman: that he is the husband of Cornelia King, a full-blood Chickasaw, and father of Billy, Alice, and Arthur King, all of whom are borne on the final approved rolls as three-fourths Chickasaws. Calculating from the quantum of blood possessed by the mother and children the father must have been a one-half blood Chickasaw at least. This calculation is confirmed by Inspector Beede’s note; hence King is entitled to 320 acres of land in the Choctaw-Chickasaw country instead of 40, and, in addition thereto, to a citizen’s share of the surplus lands and moneys of the tribe. Number of claimants in this memorandum, ].
Ladd, Joseph B.
Cherokee by intermarriage. Department files, D 8837. Indian Office files: Land-42903-1909. Favorable action was taken on the application of this man and his family, the latter being blood Cherokees as follows: (1) December 1, 1902, the Commissioner to the Five Civilized Tribes adjudged Ladd and family to be entitled to enrollment, (2) Indian Office recommended approval of said decision, (3) Secretary of Interior affirmed said decision. The schedule containing the names of the wife and children was approved. The case of the father was held up awaiting the decision of the Supreme Court in the Daniel Red Bird intermarried white case. When that decision was rendered the Commissioner to the Five Civilized Tribes ordered a hearing in Ladd’s case, and, upon the testimony taken, rendered a decision adverse to him, which decision was affirmed by the Secretary of the Interior March 4, 1907. No order was given by the Secretary vacating his former decision except such as was implied by his affirmance of the decision of the Commissioner to the Five Civilized Tribes, last referred to, Reporting May 29, 1909, the Commissioner to the Five Civilized Tribes says this is a most meritorious case, and that the last and adverse decision must have been rendered through failure to note the testimony taken at the original hearing. The only real issue in the case was whether his absence from the Cherokee Nation from 1877 to 1880 was intended to be temporary or permanent. Upon the same facts as to residence the other members of the family are now on the approved rolls. I recommend that the facts be brought to the attention of Congress in order that remedial legislation may he had permitting this man’s ease to be adjudicated on the complete record therein. Number of claimants in this memorandum, 1.
Ladner, Sylvester (minor).
Stout, Sam (minor).
Stout, Kate (minor).
Mississippi Choctaws. Files: Part I. Exhibit F. report March 3, 1909. These minors are the grandchildren of Sis Stout, who is enrolled as a full-blood Mississippi Choctaw, opposite No. 1151 : she says they removed with her to the Choctaw Nation in 1902. Their failure to be identified and enrolled was probably due to the fact that they are mixed bloods, it being incumbent upon such persons to show descent from one entitled under article 14, treaty of 1830.
Number of claimants in this memorandum, 3.
LaFontaine, Augustine.
Mississippi Choctaw. Files: Part I. Exhibit F, report March 3, 1909. It appears from the statements of this claimant that he belonged to a band of Indians living near Bay St. Louis, in Hancock County, Miss., and that he removed from there to the Choctaw Nation. He says that his parents died before he was 10 years old; that his father was one-half blood Indian and one-half blood French, and that his mother was a full-blood Choctaw. He also states that his wife and five children have been enrolled as Mississippi Choctaws.
The failure of this claimant to secure enrollment was probably due to the fact that, being less than a full blood, the duty was thrown upon him to establish descent from one entitled to the benefits of article 14, treaty of September 27, 1830. To furnish such proof was impossible for uneducated people, particularly those who could not afford the expense of tracing ancestry.
Number of claimants in this memorandum, 1.
Lane (formerly Freeland), Cordelia, Et Al.
Cherokee by blood. Files: Records of Indian Office. Final action was taken in this case March 4, 1907. This woman and her six children were then denied enrollment purely through mistake.
Prior thereto they had been found entitled to enrollment as follows: (1) June 29, 1906, by Commissioner to the Five Civilized Tribes; (2) October 11, 1906, by Commissioner of Indian Affairs; (3) February 11, 1907, by Assistant Attorney General (25 A. A. G., 143) ; (4) February 15, 1907, by formal decision of Secretary of the Interior. The final adverse action of March 4, 1907, was taken without notice to the applicants and was the result of three mistakes. The primary reason was that the case was supposed to fall within the opinion of the Attorney General of February 19, 1907 (26 Ops. Atty. Gen., 127), because the applicants were denied enrollment by the Dawes Commission under the act of June 10, 1896; but it has been definitely ascertained since, through conference with the Department of Justice, that it was not intended by said opinion to hold that such persons should be denied enrollment if the Secretary, acting with jurisdiction under later acts, found them entitled. The second error consisted in overlooking the fact that the mother was not denied enrollment under the act of 1896. The third error was due to the fact that the only issue adjudicated under said act was the children’s claim of right, based on the alleged Indian blood of one parent, viz, their father. The subsequent favorable decision of the Secretary was based upon the Indian blood of the mother, but the hurry and confusion in the Secretary’s office on March 4, 1907, were too great to permit of sufficient examination to straighten out these features of the case. I recommend that the facts be brought to the attention of Congress and that remedial legislation be requested. All such mistakes could be corrected and much of the error in the enrollment work made right by a readjudication on existing records of till cases acted upon after February 1, 1907, action to be based solely on the merits of the same.
Note.The statement appearing above concerning “the third error” is not based upon positive official information. It was positively asserted, however, by the attorney for the applicants that the right of the children was adjudicated in 1896 solely with respect to the Indian ancestry of the father. This allegation is supported inferentially by n statement in the decision of the Commissioner to the Five Civilized Tribes of June 29, 1906.
Lasley, Tobe (minor).
Creek by blood. Files: Part III, Exhibit F, report March 3, 1909. Mr. Tiger, son of the principal chief of the Creek Nation and official interpreter at Holdensvllle, says there is a full-blood Creek about 20 years old (in 1908) who has never been enrolled and who has received no land. The people with whom he lives say that his name was omitted from the rolls because of neglect on the part of those who looked after him, lie was born in the Creek Nation and has always resided there.
Number of claimants in this memorandum, 1.
Lasley, Tustunnugga
Creek by blood. The case of this claimant was presented to the department February 11, 1910, by the principal chief of the Creek Nation and his interpreter with the information that Lasley is a full-blood Creek and the nephew of one Kizzie Thompson, who is the wife of Micco Hutkey, alias Ben Thompson. The name of Kizzie Thompson appears in its proper place in this list on a separate sheet. The name of Sampson Lewis was also given in connection with the above.
Number of claimants In this memorandum, 2.
Lee, Robert.
Mississippi Choctaw.
Number of claimants, 1.
Lewis (or Lamis or Gamis), Ellis.
Going, James.
Istichi, Silla
Choctaws by blood. Files: Memorandum of statement by Mr. Peter Hudson, special Indian agent, Hugo, Okla., November 12, 1908, (See Pt. I, Ex. F, report Mar. 3, 1909.) Mr. Hudson says that he obtained his information concerning these persons by letter of October 27, 1908, from Mr. Hicks and by letter of October 23, 1908, from Dixon Tomhka. According to the information thus obtained James Going and Ellis Lewis died in the penitentiary April 18, and May 15, 1903, and Silla Istichi at Eagleton January 17, 1903. He says that probably all of these people were full bloods. They were living on and after September 25, 1902, as required by the Choctaw-Chickasaw agreements.
Number of claimants in this memorandum, 3.
Lewis, Jefferson (weak minded).
Choctaw by blood. Files: Memorandum of statement of Mr. Samuel Jones, Indian policeman and interpreter, at district agent’s office. Hugo, Okla.. made November 12, 1908, with Part I, Exhibit F, report March 3, 1909. Having met with an accident this man was mentally unbalanced and incompetent and roamed through the country. For a time he was cared for by Mr. Jones, referred to above. The man was also known to Mr. Tom Hunter and other persons of the locality. Lewis was probably a full-blood Choctaw. He died in February, 1903, or 1904. at the home of Isaac Coles, having survived the date of September 25, 1902, as required by law in order to be entitled to enrollment. There seems to be no doubt of his right to enrollment and of the right of his heirs to an allotment in his name.
Number of claimants in this memorandum, 1.
Leard, James T. (C-11: 7-2657). Hugo, Okla.
Choctaw by marriage. File: Part I of report of March 3, 1909. This applicant, a white man, was married to Cora Leard (nee McCarty), Choctaw roll by blood, No. 7704, on June 10, 1874, and has since that time been a resident and recognized as a citizen of the Choctaw Nation. His name is on the tribal rolls of 1885 and 1896. He was denied by the commission in 1896 on appeal was admitted by United States court, and was denied by the Choctaw and Chickasaw citizenship court. Under the opinion in the Loula West case his case was reconsidered by the commission; he was enrolled by decision and his name placed on a schedule of intermarried citizens, but this enrollment was disapproved by the department March 2, 1907, under the opinion of the Attorney General in Loula West case, rendered in February. 1907, on the question of jurisdiction of the department to enroll persons after their denial, even though wrongful, by the citizenship court. He should be granted relief, as he is stricken off the rolls on a technicality.
Number of claimants in this memorandum, 1.
Lewis, Sampson (minor).
Creek by blood. Files: Part III. report March 3, 1909. This boy is now about 18 or 19 years of age. His father died about 11 or 12 years ago. His mother died at his birth. Both parents were full-blood Creeks. The boy was left in care of an uncle, who says he thought application had been made for his enrollment, but upon inquiry he found that no application had been made for him and that it was then too late to file one. The examiner who investigated this case states: “The applicant from appearance is about the age of 19 years and is unquestionably a full-blood Creek citizen. Through the interpreter he speaks Creek fluently. Appears to be unable to speak or understand English.”
Number of claimants in this memorandum, 1.
Lewis, Sina (minor).
Choctaw by blood. Files: Part IV. Exhibit F, report March 3, 1909. It is alleged that this child is a full-blood Indian, and that she is or was an Inmate of the Murrow Indian Orphan Home, near Coalgate, Okla. The records of the Commissioner to Five Civilized Tribes fail to show that any person of this name was ever enrolled.
Number of claimants in this memorandum, 1.
Liggins, Sephus.
Liggins, Roberta.
Choctaw freedmen. Files: Report of November 15, 1907, from Commissioner to Five Civilized Tribes. Applications for the enrollment of these children appear to have been received at the post office in Muskogee, Ind. T.. on December 25, 1902, and at the office of the Commission to the Five Civilized Tribes on December 26, 1902. There is, however, a note placed upon the applications for the enrollment to the effect that they were “received December 25, 1902,” but the question as to whether or not they were received within the time limited by the act of July 1, 1902, was never determined by the commission. They sire the minor children of Ella Butler, whose name appears opposite No. 727 upon the approved roll of Choctaw freedmen; they were born July 12, 1900, and April 26, 1902, respectively, and were living September 25, 1902.
Number of claimants on this memorandum, 2.
Linn, William.
Cherokee by blood. Files: Report, Acting Commissioner to the Five Civilized Tribes. January 13, 1910. addressed to Hon. J. George Wright. This name was included in a blanket application made for the enrollment of persons found on the 1896 roll on June 30, 1902, and this application was dismissed for the reason that no information could be obtained showing that he was living on September 1, 1902. It appears that this information has subsequently been secured. Number of claimants in this memorandum, 1.
Long, Josephine LaFlore.
Long, Jake Laflore.
Choctaw by blood. Indian Office files, 30020-1009. Department flies. 5-51. These claimants are the children of Forbes Long, whose name appears on the approved roll of citizens by blood of the Choctaw Nation opposite No. 19065, having been placed thereon pursuant to an opinion rendered by the Assistant Attorney General for the Interior Department, February 19, 1906 (21 A. A. G.. 394). March 1, 1907, in supposed, but really in mistaken, compliance with an opinion rendered by the Attorney General of the United States, February 10, 1907, the name of their father was stricken from the approved rolls by the Secretary. Subsequently his name was restored to the approved rolls, following the decision of the Supreme Court, of November 30, 1908, in the Goldsby case (211 U. S., 249). The case of the children differs from that of their father only in that being “new-born” citizens their names were placed upon a separate schedule, which was disapproved when received by the Secretary, without prior favorable action thereon. These children, as a matter of right, are entitled to the same citizenship status us their father Number of claimants in this memorandum, 2.
Love, Willis (Intermarriage).
Love, Frank (blood).
Brown, nee Love, Hattie (blood).
Brown, Leo (blood, minor).
Brown, Carl (blood, minor).
Brown, Lorena (blood, minor).
Franklin, nee Love, Fannie (blood).
Greenup, nee Love. Sarah (blood).
Love, Ruth (blood, minor).
Choctaws by blood and intermarriage. Files: Part III. report March 3. 1!K)0. The rights of Willis Love and his children and grandchildren, named above, are dependent upon the Indian blood of his wife. Lorena Love, nee Frazier or Flish. From the statements of persons who appear to be reputable and well informed it appears that the said Lorena Love is the daughter of full-blood Choctaws who lived and died in the Choctaw Nation, Ind. T.; that she left an orphan and reared in said nation by persons who adopted her; and that she was schooled at Bluefield Seminary, Chickasaw Nation, where only Chickasaw and Choctaw children were admitted. There may be some question because of lack of tribal enrollment. But the objection might be removed, perhaps, by examination of the 1874 roll, which was not delivered to the department until 1908, or explained by the fact that she was left an orphan. The family has not lived continuously in the Choctaw Nation, but this is not necessarily a fatal defect. The seeming equities are so strong that the applicants should be heard on the merits of the case, notwithstanding the jurisdictional act of May 31, 1900.
Number of claimants in this memorandum, 9.