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Annie McGee, Chickasaw
Class 8.
The claimants in the following case have
been enrolled as freedmen, but as the tribal
officials had previously enrolled them as
citizens by blood, and as there is no
question as to the lawfulness of such
enrollment they should be placed upon the
final roll by blood.
The applicant in the
following case was enrolled as a freedman
but should have been transferred to the roll
by blood at the time her brothers and
sisters were transferred to that roll.
Annie McGee, Chickasaw, Commission, No. F.
82. Commission Freedman, No. 572.
February 20, 1900. Petition was filed with
the Commissioner to the Five Civilized
Tribes for the transfer from the roll of
Chickasaw freedmen to the roll of Chickasaws
by blood, among others, of Annie McGee. It
was alleged in the petition that Annie McGee
and the other petitioners named were the
children of Jesse McGee by his lawful wife,
Dora McGee, and that Jesse McGee was an
enrolled citizen of the Chickasaw Nation by
blood.
July 2, 1906. Hearing was had in this case,
at which time it developed that the child,
Annie McGee, was not the child of Dora McGee
but was the child of Jesse McGee by Caroline
Wilson, a freedwoman.
February 18, 1907. The commissioner rendered
a decision granting the petition and
enrolling the other petitioners in said
petition as citizens by blood of the
Chickasaw Nation, but held as follows with
reference to the petitioner, Annie McGee:
The record herein further shows that the
petitioners, except Annie McGee, were minors
on September 25, 1902; that the said Annie
McGee was 15 years of age In 1898.
The act of Congress approved July 1, 1902
(32 Stats., 641), provides in part as
follows:
"The word 'minor' shall be held to mean
males under the ape of 21 years and females
under the age of 18 years."
Said Annie McGee was therefore not a minor
on September 25, 1902.
The names of none of the petitioners appear
upon any of the tribal rolls of the
Chickasaw Nation in the possession of the
Commissioner to the Five Civilized Tribes.
The name of Jesse McGee appears on the 1893
Chickasaw leased district payment roll and
on the 1896 Chickasaw census roll.
I am therefore of the opinion that, inasmuch
as it does not appear that Annie McGee has
ever been recognized and enrolled as a
citizen of the Chickasaw Nation by any duly
constituted authority, the application for
her enrollment as a citizen by blood of the
Chickasaw Nation and the petition herein, in
so far as it applies to said applicant,
should be denied under the provisions of the
act of Congress approved July 1, 1902 (32
Stats., 641), and it is so ordered.
March 4, 1907. The department approved the
decision of the commissioner as to the
petitioner Annie McGee.
Statement By Counsel
This case comes within the opinion of the
Assistant Attorney General for the
department, which opinion was approved by
the Secretary of the Interior and has never
been reversed. Under said opinion the
petitioner herein is entitled to enrollment.
Counsel also represents that the other
children of Jesse McGee, claiming their
Chickasaw blood through him, have been
enrolled as citizens by blood of the
Chickasaw Nation, their names appearing upon
the final roll of Chickasaws by blood as
approved by the Secretary of the Interior,
as follows:
5049. McGee, Florence.
5050. McGee, Mattie.
5051. McGee, John.
5052. McGee, Allison.
5053. McGee, Wade.
5054. McGee. Ruby.
5055. McGee, Oliver.
5056. McGee, Elsie.
Counsel therefore submit that the petitioner
herein is entitled to enrollment.
Entitled to enrollment: Annie McGee.
Respectfully submitted.
Ballinger & Lee.
Notes About the Book:
Source: Five Civilized Tribes In Oklahoma, Reports of the Department of the
Interior and Evidentiary Papers in support of S. 7625, a Bill for the Relief of
Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-second Congress,
Third Session, Published 1913, by the Department of the Interior, United States.
Online Publication: The manuscript was scanned and then ocr'd. Minimal editing
has been done, and readers can and should expect some errors in the textual
output.
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