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Franklin M. Harton,
Choctaw
Franklin M. Harton Et
Al,. Choctaw, 6061
The names of the following persons,
claimants herein, are found on the 1896
Choctaw census roll at the numbers appearing
opposite their names: Franklin M. Harton,
14658; Mattie Harton, 5993; John Harton,
5995; James Harton, 5996: Rachel Harton,
5994; Mary M. Harton, 5997; John T. O'Quinn,
10029; Minnie L. Leddy, 8416: John T.
Thompson, 12529: Katie Thompson, 15126: Mary
Frances Thompson, 12530; Charles Stanley
Thompson, 12532; William Brown Thompson,
12531; John Moody Thompson, 12533; Charles
B. Darken, 14485; John Henry Darken, 3626;
Charles B. Darken, jr.. 3627: Benjamin
Oliver Welch, 14020; Walter Welch, 14021;
Maultsy J. Lawley, 8348; Taylor Percival,
10556: Jesse Percival, 10555: Forest
Percival. 10557; Rebecca Percival, 10559;
Katie Percival, 10558; Nannie Vaughan,
12361; Hattie Vaughan, 12362; Callie
Vaughan, 12633; Stella Vaughan, 12634;
William H. McCoy. 9507: Mary G. McCoy,
14892: Buford T. McCoy, 9508; Maud Reville,
9509; Cordie Woolley, 9510: and William
McCoy. 9511.
September 9. 1896. Application made to the
commission for citizenship in the Choctaw
Nation, in Choctaw 1896 Case, No. 1349. of
Sarah Jane Thompson (now Darken), Benjamin
Welch, Maultsie Welch, Walter Welch. Johny
Darken. Martha Ann Thompson (now Harton).
James William Harton. John F. Harton, Susie
Harton. Narcissa Ellen Thompson (now
Percival). Jessee Percival, Taylor Percival,
Forrest Percival, Rebecca Percival, Kate
Percival. Nancy S. Thompson (now Vaughn),
Hattie Vaughn, Callie Vaughn, and Nannie
Vaughn.
December 8, 1896. Application denied by
commission, from which decision no appeal
was taken to the United States court.
Applications were made to the Commission to
the Five Civilized Tribes for the enrollment
of the claimants herein as citizens by blood
and intermarriage of the Choctaw Nation, as
follows:
, 1899. Franklin M. Harton (I. W), Mattie
Harton. John Harton, James Harton, Rachel
Harton, Mary M. Harton. Nancy Ella Harton.
citizens by blood, and Narcissa S. Thompson
(I. W.)
May 28, 1906. George Pope Harton and Viola
Maud Hunt (child of Rachel Harton, now
Hunt).
July 25, 1906. Bertha May Harton (child of
John Harton).
September , 1899. William H. McCoy. Buford
T. McCoy, Maud McCoy, Cordie McCoy. William
McCoy, citizens by blood, and Marv G. McCoy
(I. W.).
June 18, 1906. Anima McCoy, Fay McCoy
(children of Buford T. McCoy), Clara May
Reville, Thomas Pembrock Reville (children
of Maud McCoy, now Reville). John D.
Woolley, and James B. Woolley (children of
Cordie McCoy, now Woolley).
____ ____, 1899. William E. Percival (I.
W.), Narcissa Ella Percival. Jesse Percival.
Taylor Percival, Forrest Percival, Katie
Percival, and Rebecca Percival.
December 10, 1903. Narcissa Sadie Percival,
citizens by blood.
January 21, 1905.v Application refused by
commission and case forwarded to department.
_____ _____, 1899. Charles B. Darken (I.
W.), Sarah Jane Darken, John Henry Darken,
Charles B. Darken, Myrtle E. Darken,
Gertrude Darken, Benjamin Oliver Welch,
Maultsy Loley, Walter Welch, citizens by
blood, and Willie May Loley.
, 1899. Nannie Vaughan, Hattie Vaughan,
Callie Vaughan, Stella Vaughan, and Roy
Vaughan.
July 13, 1906. Thomas Foster, citizen by
blood.
September , 1899. John T. O'Quinn, Ollie
Odolphus O'Quin, Minnie L. Leddy, and Fannie
May O'Quin.
May 8, 1906. Agnes O'Quin, Mark O'Quin. and
Altha S. O'Quin, citizens by blood.
September , 1899. John D. Thompson, citizen
by blood, and Emma Geneva Thompson (I. W.).
June 12, 1906. John William Thompson and
Hazel Maud Thompson.
June 21, 1900. John T. Thompson, Mary
Frances Thompson, Charles Stanley Thompson,
William Brown Thompson, John Moody Thompson,
citizens by blood, and Katie Thompson (I.
W.).
September 26, 1905. Petitions were filed
with the department by Martha Harton, Nannie
Foster (formerly Vaughan), William E.
Percival, Sarah Jane Darken, and John D.
Thompson relative to enrollment of
themselves and their families as Choctaws.
April 4 and 5, 1906. Department directs that
the cases of the last-named persons be
adjudicated.
April 17, 1906. Department directs that the
rights of John T. O'Quin be adjudicated as a
Choctaw by blood.
May 28, 1906. Further testimony taken by
commissioner in these cases. which were
consolidated.
It is fully established by the record that
the names of the leading claimants appear on
the 1896 Choctaw roll as set out above; that
they were residents of the Choctaw and
Chickasaw Nations for several years prior to
1898.
January 10, 1907. Commissioner renders
decision relative to the rights of the
persons included in this case as follows:
Following the ruling of the department of
April 4, 1906 (I. T. D. 4222-1906), in the
case of Mary E. O'Quin et al., I am of the
opinion that the applicants herein, who are
of Choctaw blood, who were residents in good
faith of Indian Territory on June 28, 1898,
and whose names appear upon the 1896 Choctaw
census roll, and their descendants born
since said roll was made, and those persons
who were married to any of said applicants
in accordance with the laws of the Choctaw
Nation, should be enrolled as citizens of
the Choctaw Nation.
I am further of the opinion that the
applications for the enrollment of the
applicants herein, whose names do not appear
upon the 1896 Choctaw census roll and who
are not descendants of persons whose names
do appear upon said roll, born since the
date thereof, and those intermarried
applicants who were not married to their
Indian spouses in accordance with the laws
of the Choctaw Nation should be denied.
I am therefore of the opinion that the
applicants. John T. O'Quinn, Ollie Odolphus
O'Quinn. Minnie L. Leddy, John T. Thompson,
Mary Frances Thompson. Charles Stanley
Thompson, William Brown Thompson, John Moody
Thompson, John Henry Darken, Charles B.
Darken, jr., Benjamin Oliver Welch, Walter
Welch, Maultsy J. I.awley, Willie May
Lawley, Mattie Harton, John Harton, Rachel
Harton, James Harton, Mary M. Harton, Nancy
Ella Harton, Jesse Percival, Taylor
Percival, Forrest Percival, Katie Percival,
Rebecca Percival, Narcissa Sadie Percival,
Nannie Vaughan, Hattie Vaughan, Callie
Vaughn, Stella Vaughan, Roy Vaughan, William
H. McCoy, Buford T. McCoy, Hand Reville,
Cordie Woolley, and William McCoy, should be
enrolled :is citizens by blood of the
Choctaw Nation, under the provisions of the
act of Congress approved July 1, 1902 (32
Stats. 641): and it is so ordered.
I am further of the opinion that the
applicants. Fannie May O'Quinn, Katie
Thompson, and Mary G. McCoy, should be
enrolled as citizens by Intermarriage of the
Choctaw Nation under the provisions of the
act of Congress approved July 1, 1902 (32
Slats.. 641) : and it is so ordered.
I am further of the opinion that the
applicants, Agnes O'Quinn, Altha S. O'Quinn,
Mark O'Quinn, Bertha May Harton, George Pope
Harton, Viola Maude Hunt, Thomas Foster,
Clara May Reville, Thomas Pembrock Reville,
John D. Woolley, James B. Woolley, Amina
McCoy, and Fay McCoy, should be enrolled as
citizens by blood of the Choctaw Nation
under the provisions of the act of Congress
approved April 26, 1906 (34 Stats.. 137):
and it is so order.
I am further of the opinion that the record
herein establishes that application was made
for the enrollment of John D. Thompson as a
citizen by blood of the Choctaw Nation and
for the enrollment of Emina Geneva Thompson
as a citizen by intermarriage of said nation
within the time limited by the provisions of
the act of Congress approved April 26, 1906
(34 Stats., 137). and that the same should
now be determined upon its merits; and it is
so ordered.
I am further of the opinion that the
applications for the enrollment of John D.
Thompson, Sarah Jane Darken, Myrtle K.
Darken, and Gertrude M. Darken as citizens
by blood of the Choctaw Nation should be
denied under the provisions of the act of
Congress approved July 1, 1902 (32 Stats.,
641) ; and it is so ordered.
I am further of the opinion that the
applications for the enrollment of Franklin
M. Harton, Charles B. Darken. Emma Geneva
Thompson, and William H. Percival as
citizens by Intermarriage of the Choctaw
Nation should be denied under the provisions
of the act of Congress approved July 1, 1902
(32 Stats., 641) ; and it is so ordered.
1 am further of the opinion that the
petition filed by John D. Thompson.
September 20, 1905, in so far as it applies
to John William Thompson and Hazel Maude
Thompson, should be considered as an
application for the enrollment of said
persons as citizens by blood of the Choctaw
Nation under the provisions of the act of
Congress approved April 20, 1906 (34 Stats..
137), that said applications should be
denied, and it is so ordered.
I am further of the opinion that the
application for the enrollment of Ruby
O'Quinn, who the record shows died March 15,
1899, and for the enrollment of Narcissa S.
Thompson and Narcissa Ella Percival, who the
record shows died prior to September 25,
1902, should be dismissed, and it is so
ordered.
January 17, 1907. The names of the persons
enrolled by decision of January 10, 1907,
placed on schedules of citizens by blood and
intermarriage of the Choctaw Nation, as
follows:
Schedule of Choctaws by blood, Nos. 16066 to
16101. inclusive: 16066. O'Quinn, John T.;
16067, O'Quinn, Ollie Odolphus: 16068.
Leddy, Minnie L.; 16069, Thompson. John T.;
16070, Thompson. Mary Frances: 16071,
Thompson, Charles Stanley; 16072, Thompson,
William Brown; 16073, Thompson, John Moody;
10074, Darken, John Henry; 16075, Darken,
Charles B. jr.; 16076, Welch, Benjamin
Oliver; 16077, Welch, Walter; 16078, Lawley,
Maultsy J.; 10079, Lawley, Willie May:
16080, Harton, Mattie; 16081, Harton, John;
16082, Harton, James; 16083, Harton Rachel;
16084, Harton, Mary M.: 16085, Harton, Nancy
Ella: 16086, Percival, Jesse: 16087,
Percival, Taylor; 16088, Percival, Forrest;
16089, Percival, Katie; 16090, Percival,
Rebecca; 16091, Percival, Narcissa Sadie;
16092, Vaughan, Nannie; 16093, Vaughan,
Hattie; 16094, Vaughan, Callie; 16095,
Vaughan, Stella; 16096, Vaughan, Roy; 16097,
McCoy. William H.; 16098, McCoy, Buford T.;
16099, Reville, Maud; 16100. Woolley,
Cordie; and 16101, McCoy, William.
Schedule of Choctaws by marriage. Nos. 1623
to 1625, inclusive: 1623, O'Quinn, Fannie
May; 1624. Thompson, Katie; and 1625. McCoy,
Mary G.
Schedule of minor Choctaws (Apr. 26, 1906),
Nos. 844 to 856, inclusive: 844, Foster,
Thomas; 845, O'Quin, Agnes; 846, O'Quin,
Mark; 847, O'Quin, Altha S.; 848, Harton,
Bertha May; 849, Hunt, Viola Maude; 850,
Harton, George Pope; 851, McCoy, Amina; 852,
McCoy. Fay; 853, Reville, Clara May; 854.
Reville, Thomas Pembrock; 855, Woolley. John
D.; and 856, Woolley, James B.
March 2, 1907. Department reversed decision
of commissioner as to the persons held to be
entitled to enrollment.
March 4, 1907. Department disapproves the
enrollment of the persons on schedules
described above.
March 1, 1909. Department requests report
relative to these claimants.
April 22, 1909. Commissioner reports to
department in this case the facts set forth
above.
June 2, 1909. Department held that this case
was not analogous to the Goldsby case and
that no action could be taken looking to
enrollment of applicants therein under
opinion of United States Supreme Court in
the Goldsby case.
It appears from the record in this case that
the claimants are Choctaws by blood and
possessed of one-sixteenth and
one-thirty-second Choctaw blood, and that
the principal claimants resided in the
Choctaw and Chickasaw Nations for several
years prior to 1898; that their names are on
the 1896 Choctaw census roll; that they are
related to William C. Thompson and Mary E.
O'Quin, who were enrolled under departmental
instructions of April 4, 1906, and that
their status is identical with that of
claimants herein.
The enrollment of the claimants in the cases
of William C. Thompson et al. and Mary E.
O'Quin et al. was canceled by the department
on February 23, 1907. under an erroneous
construction by the department of the
opinion of the Attorney General of the
United States of February 12, 1907, which
opinion was modified by a subsequent opinion
of March 4, 1907. The latter was not
received by the department until March 6,
1907, too late to be used in enrollment
cases.
Under an opinion of the United States
Supreme Court of November 30, 1908, in the
Goldsby and Allison cases, holding that the
Secretary of the Interior had no authority
to strike names from the approved rolls
without notice and directing, him to
reinstate them, William C. Thompson and his
family, Mary E. O'Quin and her family, and
the other parties to that case were restored
to the roll by the department January 19,
1909. but the enrollment of the claimants
herein never having been approved by the
department their case did not come within
the purview of said opinion.
The names of William C. Thompson, Mary E.
O'Quin, and other members of their families
appear upon the finally approved rolls of
the Choctaw Nation, as follows. 15995,
Thompson. William C.; 15996, Stubblefield,
Sarah T.; 15997, Thompson, William R.;
15998, McNeese, Mary M.; 15999, McNeese,
Harrold Graham, 16000, Thompson, William C.,
jr.; 16001, Thompson. Arthur M.; 10012.
O'Quin. Mary E.; 16013. O'Quin. James
Walter: 10014. O'Quin. Dora E.; 16015,
O'Quin, Thomas M.; and 16016. O'Quin, Ora
May.
Counsel for claimants represent that the
claimants herein are admittedly of Choctaw
blood and certain of their names appear upon
the Choctaw tribal rolls and their relatives
occupying the same status appear upon the
finally approved roll of Choctaws by blood,
and the approval of the enrollment of these
claimants by the Secretary of the Interior
was prevented by an erroneous construction
of the opinion of the. Attorney General of
the United States of February 12, 1907.
which was subsequently modified by an
opinion of March 4, 1907. received by the
department after the expiration of the time
within which persons could be enrolled, and
Counsel respectfully submit that claimants
herein are entitled to enrollment.
Persons held by the commissioner to be
entitled to enrollment are: John T. O'Quinn,
Ollie Odolphus O'Quinn, Minnie L. Leddy,
John T. Thompson, Mary Frances Thompson,
Charles Stanley Thompson, Katie (wife),
William Brown Thompson, John Moody Thompson,
John Henry Darken, Charles B. Darken, jr.,
Benjamin Oliver Welch, Walter Welch, Maultsy
J. Lawley, Willie May Lawley, Mattie Harton,
John Harton, Rachel Harton, James Harton,
Mary M. Harton, Nancy Ella Harton, Jesse
Percival, Taylor Percival, Forrest Percival,
Katie Percival, Rebecca Percival, Narcissa
Sadie Percival, Nannie Vaughan, Hattie
Vaughan, Callie Vaughan, Stella Vaughan, Roy
Vaughan, William H. McCoy, Buford T. McCoy,
Maud Reville, Cordie Woolley, William McCoy,
Fannie May O'Quinn, Katie Thompson, Mary G.
McCoy, Altha S. O'Quin, Ague's O'Quin, Mark
O'Quin, Bertha May Harton, George Pope
Harton, Viola Maude Hunt, Thomas Foster,
Clara May Reville, Thomas Pembrock Reville,
John D. Woolley, James B. Woolley, Amina
McCoy, and Fay McCoy.
Persons occupying identically the same
status except that their names do not appear
on the 1896 Choctaw roll are: Sarah Jane
Darken, Myrtle E, Darken, Gertrude M.
Darken, and John D. Thompson.
Minor children of John D. Thompson, who were
denied because their father was refused
enrollment: John William Thompson and Hazel
Maude Thompson.
Entitled because married long prior to
Choctaw law on marriage and because adopted
by the tribal authorities: Thos. P. O'Quin.
(Fifty-eight in all.)
Respectfully submitted.
Walter S. Field,
Attorney for Claimant.
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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