Six Related Choctaw Cases

Crawford Marlow Et Al.
Dawes Commission, No. 1274-1896

Andrew Beal Et Al.
Dawes Commission, No. 77-1896

Mariah Caldwell Et Al.
Dawes Commission, No. 709-1896

Jane Marrs Et Al.
Dawes Commission. No. 28-1896. United States court. No. 88,
McAlester: citizenship court, No. 109, McAlester.

Epsie Underwood Et Al.
Dawes Commission. No. 427-1896. United States court. No. 88, McAlester; citizenship court, No. 78.

George Lee White Et Al.
Dawes Commission. No. 545-1896. United States court, No. 64, McAlester; citizenship court, No. 125.

(Choctaws.)

Crawford Marlow, Martha Beal, Mariah Caldwell, Jane Marts, Epsie Underwood, and Minnie Lee White, the principal applicants in the above six cases, being full brothers and sisters, and claiming their blood rights through the same common ancestors, these six cases will be herein considered together.

September 9, 1896. Application submitted to the commission for the enrollment of Crawford Marlow, Etta J. Marlow, Reuben Marlow, William J. Marlow, George Marlow, Ola Marlow, as citizens by blood, except Etta J. Marlow, who claimed by intermarriage.

December 8, 1896. The commission rendered a decision admitting claimants as citizens of the Choctaw Nation, in conformity with their application. No appeal.

September 9, 1896. Application submitted by Andrew Beal, asking that he be "enrolled as an intermarried citizen of the Choctaw Nation.'' The applicant claims his right to enrollment by reason of his marriage to Martha Ann Marlow, the latter claiming to be a Choctaw Indian by blood, and also " for the reason that on the 25th day of October, 1890, my wife, Martha Beal, myself, and children, were admitted to citizenship in the Choctaw Nation by an act of the Choctaw Council, and from which there was no appeal taken."

December 1, 1890. Decision of commission admitting applicants, from which no appeal was taken.

September 3, 1896. Application made to the commission for the admission of Jane Marrs (now dead) and her children and grandchildren, as follows: Ellen Alderson, Richard Alderson, Julia May Alderson, Barley H. Alderson, Julia Hamilton, Delia May Hamilton, Reuben Harrison, Mrs. Jane Marrs, Margaret Marrs, Clare Bell Marrs, William K. Marrs, James Marrs, Racheal Marrs, Samuel Marrs, Bertha Marrs, Thomas Marrs, John Marrs, Mary Pritchard, Flora Pritchard, John Pritchard, Dennis Pritchard, Jane Pritchard, Rebecca Smith, Jane Smith, as citizens of the Choctaw Nation by blood.

December 1, 1896. The commission rendered its decision, denying said applicants.

September 9, 1896. Application was submitted to the commission for the admission of Epsie Underwood and her husband, James M. Underwood, and their children, William A. Underwood, John R. Underwood, Margaret M. Underwood, Bettie F. Underwood, Angeline Underwood, Nellie Van Underwood, Leopold Underwood, Wilhelmina Underwood, as citizens of the Choctaw Nation by blood, except James M. Underwood, who claimed by reason of his intermarriage to his wife, Epsie Underwood, nee Marlow.

December 2, 1896. The commission rendered its decision, denying all said applicants.

September 8, 1896. Application was made to the commission for the admission of George Lee White and his wife, Minnie Lee White, nee Marlow, and their children and grandchildren, Claude Jackson White, Mirtie Estella White, George Thomas White, Jasper Marlow, Robert Crawford Marlow, Halie Margaret Marlow, Earnest Jackson Marlow, Roy Marlow, and 16 others (who are not mentioned here because they were subsequently denied by the commission and the United States court) as citizens by blood of the Choctaw Nation, being nonresidents.

December 2, 1896. The commission rendered its decision, denying all of the claimants.

No appeals were taken in the case of Crawford Marlow, Commission No. 1274. Andrew Beal, Commission No. 77, and Mariah Caldwell, Commission No. 709. Appeals were taken to the United States court, central district, Indian Territory, at McAlester, in the cases of Jane Marrs et al., Epsie Underwood et al., and Minnie Lee White et al., all claiming through the same common ancestor, Jane Marrs, Epsie Underwood, and Minnie Lee White being full sisters. Reference, therefore, to the evidence offered before the commission and the United States court in these cases will be here referred to as one case.

The principle applicants, in their separate petitions, allege that they are the children of one John Patterson, a member of the Choctaw Tribe of Indians, who resided in Mississippi in 1830; that the other applicants are the grandchildren and great grandchildren of said John Patterson; that they are all citizens of the Choctaw Nation by blood and residence; that the majority of them have resided in the Choctaw Nation for many years and have always been recognized as members of the Choctaw Tribe. Many depositions and affidavits of prominent Indian citizens appear in the record setting out the relation of the claimants to the said John Patterson and certifying to, the residence of the claimants in the Choctaw and Chickasaw Nations and their recognition by the Choctaws and Chickasaws as citizens of the Choctaw Nation. The attorneys for the nations were present when the depositions were taken and examined the witnesses.

There appears in the record a certified copy of the act of the Choctaw Council admitting Martha Beal, sister of the principal applicants, and her children as citizens of the Choctaw Nation, of which the following is a literal copy:

AN ACT Establishing the citizenship of Marth Beal and others.

Be it enacted by the General Council of the Choctaw Nation assembled: The citizenship of the following-named persons is established hereby, to wit: Martha Beal, her husband, Andrew Beal, and their children, Reuben Beal, Missouri Beal, Beckey Beal, Thomas Beal, Bill Beal, Margaret Beal, Pinkney Beal, Andy Beal, and they are hereby decreed citizens of the Choctaw Nation and entitled to all the rights, privileges, and Immunities of such.
Approved October 25, 1890.

W. W. Jones, P. C. C. -Y.
(Great seal of the Choctaw Nation.)

This is to certify that the foregoing is a true and correct copy from Hie original act of the Choctaw General Council, passed and approved at the October term thereof, 1890.

Witness my hand and the great seal of the Choctaw Nation this 1st day of August 1896.

(Signed) P. B. Jackson,

National Secretary, Choctaw Nation.

The records of the commission show that Crawford Marlow and his immediate family were admitted to citizenship by the Choctaw Council.

On page 54 of the journal of the citizenship committee of the Choctaw Council for 1892 appears the following record entry:

Wednesday morning, 10th day of October 1892. Committee on citizenship met on the 19th day of October 1892. Quorum present. Mr. D. D. Durant was recalled and testified in claim George L. White et al. for citizenship (claim), after he gave in his testimony in the presence of Joe Carley, D A. Homer, L. H. Williams, and Hall Jones; after hearing the testimony in the case, ordered the claimants to be recognized to citizenship in the Choctaw Nation. Motion was made by Attorney Gardner to add the names of Missouri Beal and her children, inserted the following persons. Order to be drafted, to wit, viz: Crawford Marlow, Jasper Marlow and four children, Synthia Ann Marlow, M. White and her children, G. L. White, J. R. White, Jasper White, Epsie Glove, nee Underwood, nee Marlow, and her children, John, age 15 years, William, age 15 years, Margaret, 11 years, Angil, 7 years, Bettie Underwood, age 9 years, Lillle Underwood, 4 years, Lee Podd, 2 years, Wilhelm, 1 year; Marian Crawford, nee Marlow, Jane Marrs, nee Marlow, Missouri Beal, nee Marlow, and her child, George Beal. Approved by H. L. Williams, naliona.1 secretary, by 1). A. Homer. Moved and seconded by D. A. Homer, the, committee adjourned.

Henry Byington, Clerk.
October 19, 1892.

On the opposite page is the journal entry:

Tushkahoma, capital, Choctaw Nation, October session, A. D. 1892. Q. L. White was taken up and allowed this 18th day of October, 1892.

The record does not disclose that any action was taken by the Choctaw Council on the applications of Jane Marrs, Epsie Underwood, George Lee White, and their families, but it is alleged that the council broke up in a drunken row, which probably explains why the other families were not admitted.

Accompanying the application of Jane Marrs is the affidavit of Henry Byington, in which he states:

I was the attorney for Mrs. Beal when she was admitted to the right of citizenship in the Choctaw Nation, in October 1890, and Mrs. Jane Marrs was embodied in the application of Mrs. Martha Real as her sister.

It further appears from the record that all of the Beal family received their share of the 1893 leased-district money, and the same is true of Crawford Marlow and his family.

The record discloses, however, that Crawford Marlow and his wife and family, and Martha Beal and her husband, Andrew Beal, and their children were all admitted by the Choctaw Council as citizens of the, Choctaw Nation by act approved October 25, 1890. The names of many of the Marrs, Marlows, Beals, Underwoods, Whites, and Caldwells appear on the county rolls of Blue, Jack Fork, Sans Bois, and other counties, thus indicating the tribal recognition of these families.

The record as presented to the United States court conclusively established the fact that the Marrs, Beals, Marlows, Underwoods, Caldwells, and Whites all occupied identically the same status as to blood and residence, with the exception of a part of the White family: that Martha Beal had been duly admitted as a member of the Choctaw Tribe of Indians by the Choctaw Council on October 25, 1890; that Crawford Marlow and his family had been admitted; that the Whites, Underwoods, Marlows, and Marrs had applied for citizenship to the Choctaw Council in October, 1892; that the said committee, on October 18, 1892, recommended their admission, although the record fails to disclose what action was taken thereon.

January 19, 1898. Final Judgment was entered by the United States court in the case of Jane Marrs, adjudging the following persons to be citizens of the Choctaw Nation: Jane Marrs, Margaret Marrs, Ellen Alderson, Rebecca Smith, Mary Pritchard, Julia Hamilton, Samuel Marrs, Thomas Marrs, John Marrs, Clara Bell Marrs, William K. Marrs, James Marrs, Rachel Marrs, Richardson M. Alderson, Julia M. Alderson, Barley H. Alderson, Reuben Harrison, Jane Smith.

(Certified copy of judgment hereto attached.)

August 24, 1897. Final judgment was entered in the case of Epsie Underwood et al., admitting the following persons to citizenship in the Choctaw Nation: Epsie Underwood, William Underwood, John Underwood, Margarette Underwood Elizabeth Underwood, Angeline Underwood, Nellie Underwood, Leopold Underwood, Mena Underwood.

(Certified copy of which is hereto attached.)

July 13, 1897. Judgment was entered in the case of George Lee White et al., admitting the following persons to citizenship in the Choctaw Nation: George Lee White, Minnie Lee White, Claud Jackson White, Mirtie Estella White, George Thomas White, Jasper Marlow, Robert Crawford Marlow, Haley Marguerite Marlow, Earnest Jackson Marlow, and Roy Marlow.

(Certified copy of judgment hereto attached.)

December 17, 1902. By decree of the Choctaw-Chickasaw citizenship court in the "Test case," the judgments of the United States court in the cases of Jane Marrs et al., George Lee White et al., and Epsie Underwood et al., were set aside and vacated.

The findings of the Dawes Commission, admitting Crawford Marlow and his family. Andrew Beal, the latter as an intermarried by reason of his marriage to Martha Beal, and Mariah Caldwell and her family, were not affected by the decree of the citizenship court, and remained intact.

Subsequently the above cases of Jane Marrs et al., Epsie Underwood et al., and George Lee White et al., were certified to the citizenship court for trial de novo. Evidence was taken in these cases before the citizenship court, and at the March term, 1904, an opinion was rendered by Foote, associate judge, holding that each and every one of the claimants were not entitled to citizenship in the Choctaw Nation.

By decrees rendered March 24, 28, and 29, 1904, the claimants in the cases of Epsie Underwood et al., George Lee White et al., and Jane Marrs et al., respectively, were all denied citizenship in the Choctaw Nation.

Full Brother And Sisters Of Those Denied, Together With Their Families Enrolled.

Crawford Marlow (brother of Jane Marrs, Espie Underwood, and Minnie Lee White) and his wife, Etta J. Marlow, a white woman, and their children, Reuben, William J., George, and Ola Marlow, having been admitted by the commission in 1896, and no appeal having been taken by the nations to the United States court, their case did not go to the citizenship court. They again made application to the commission under the act of June 28, 1898: the commission again inquired into their rights, and recommended their enrollment. On December 2, 1904, and November 16, 1904, respectively, the Secretary approved their enrollment, and their names appear on the final rolls by blood and intermarriage opposite the following numbers:

Choctaw blood roll: 15685, 15686, 15687, 15688, 15689, respectively.

March 15, 1905. Application was made to the commission for the enrollment of Claud Crawford Marlow, infant child of Reuben Marlow, and on July 22, 1905, he was ordered enrolled by the Secretary of the Interior, and his name appears on the final roll of newborns opposite No. 303.

August 14, 1899. Martha Beal, being dead. Andrew Beal, her husband, an intermarried citizen, applied to the commission for the enrollment of himself as an intermarried citizen, and for his children as citizens by blood of the nation. Martha Beal, through whom all of applicants derive their right, is a full sister of Jane Marrs, Epsie Underwood, and Minnie Lee White, all of whom, with their families, were rejected by the citizenship court.

Testimony was taken before the commission, and Reuben Beal, Arthur Beal, Johnnie Beal, Jessie Beal, Mary Beal, Ida Beal, and Henry Beal were recommended to be enrolled, and on December 2, 1904, the Secretary approved their enrollment, and their names appear on the final Choctaw blood rolls opposite Nos. 9635,15728, 15729, 15747, 9636, 9637, 9638.

On September 23, 1905, the Secretary approved the enrollment of Ina Beal, infant child of Reuben Beal.

Andrew Beal, the white husband of Martha and father and grandfather of the above enrolled Indians, was enrolled by the commission as an intermarried citizen, and his enrollment approved by the Secretary on August 22, 1905. March 4, 1907, the Secretary struck his name from the approved roll. January 19, 1909, in accordance with the decision of the Supreme Court of the United States in the Goldsby-Allison cases, the Secretary reinstated Andrew Beal's name on the rolls.

September 1, 1809. Application was again made to the commission for the enrollment of Mariah Caldwell and her children, Thomas Caldwell, Marion Caldwell, and Margaret Caldwell, as citizens of the Choctaw Nation by blood. Testimony was taken, and the commission found them entitled to enrollment: and on April 11, 1903, their enrollment was approved by the Secretary. Their names appear on the final blood roll of the Choctaw Nation opposite the following numbers: 14415, 14416, 14417, and 14418.

Applications were in 1899 made to the commission for the enrollment of all those persons admitted by the United States court in the cases of Jane Marrs et al., Martha Beal et al., and George Lee White et al., and they were enrolled. Subsequently the judgments of the United States courts admitting said claimants were vacated by the citizenship court, and the commission reopened said cases and dismissed the applications.

Applications were duly submitted to the commission for the enrollment of the following newborn children to those persons included in the said United States court judgments: Henry Lee White, John Ransom White, and Jessica White, children of George Lee White: January 21, 1902, Willey May Marrs, child of John Marrs; April 8, 1902, Jerry Alderson, child of Ellen Alderson; September 6, 1899, Archie L. Marrs; March 28, 1902, Clarence J. Marrs, children of Samuel Marrs: May 24, 1901, Paul Eddison Hodges, child of Julia M. Hodges, formerly Alderson; June 5, 1900, Becca Pritchard and Icy Pritchard, children of Mary Pritchard; September 6, 1899, Thadeus Hamilton; February 24, 1902. Tandy Hamilton, September 9, 1902. Reuben H. Hamilton, children of Julia A. Hamilton; and September 6, 1899, Jane Marrs, child of Margaret Marrs, deceased.

Statement By Counsel

These facts are undisputed: Jane Marrs, Epsie Underwood, together with their children and grandchildren, and Minnie Lee White, all of whom were denied by the citizenship court, are full sisters of Martha Beal, Crawford Marlow, and Mariah Caldwell, all of whom, together with their intermarried spouses and their children and grandchildren, are enrolled on the final rolls of the Choctaw Nation as citizens by blood and intermarriage. Jane Marrs, Epsie Underwood, and Minnie Lee White had the same residence and blood qualifications as did Martha Beal, Crawford Marlow, and Mariah Caldwell: they had each applied to the, Choctaw citizenship committee for the admission of themselves and families, and the committee recommended all the cases favorably. The council acted upon the cases of Martha Beal and her family and Crawford Marlow and his family, and failed to pass the bills for the admission of the families of Jane Marrs, Epsie Underwood, Mariah Caldwell, and Minnie Lee White. Because of the action of the Choctaw Council the Beals and Marlows are enrolled; because of the admission of the Crawfords by the commission in 1896, which was not appealed to the United States court, they are enrolled; and because a council of drunken Indians failed to pass the bills recommended by the citizenship committee of the Choctaw Council for the admission of the Marrs, Underwoods, and Whites they have been excluded. It is for Congress to say whether such unjust and inequitable discrimination shall be permitted to remain uncorrected. To refuse to correct such an outrage would be to refuse to perform a plain duty.

Those entitled to enrollment are:

Admitted by United States court: George Lee White, Minnie Lee White, Claud Jackson White, Mirtle Estella White, George Thomas White, Jasper Marlow, Robert Crawford Marlow, Haley Marguerite Marlow, Earnest Jackson Marlow, Roy Marlow, Epsia Underwood, William Underwood, John Underwood, Margarette Underwood, Elizabeth Underwood, Angeline Underwood, Nellie Underwood, Leopold Underwood, Mena Underwood, Jane Marrs, Margaret Marrs, Ellen Alderson, Rebecca Smith, Mary Pritchard, Julia Hamilton, Samuel Marrs, Thomas Marrs, John Marrs, Clara Belle Marrs, William K. Marrs, James Marrs, Rachel Marrs, Richard M. Alderson, Julia M. Alderson, Barley H. Alderson, Reuben Harrison, Jane Smith, Flora Pritchard, John Pritchard, Dennie Pritchard, Jane Pritchard, Delia May Hamilton, Bertha Marrs.

Newborn children for whose enrollment application was made to the commission within the time prescribed by law: Henry Lee White, John Ransom White, Jessica White, George May Marrs, Jerry Anderson, Archie L. Marrs, Clarence J. Marrs, Paul Eddison Hodges, Becca Pritchard, Icy Pritchard, Thadeus Hamilton, Tandy Hamilton, Reuben H. Hamilton, Jane Marrs.

(Fifty-seven in all.)
Respectfully submitted.
Ballinger & Lee.

United States Of America.
Indian Territory, Central District, ss:

In the United States Court in the Indian Territory, central district, at a term there of begun and held at South McAlester, in the Indian Territory, on the 24th day of August. A. D. 1897.

Present, the Hon. William H. H. Clayton, judge of said court.
The following order was made and entered of record, to wit:

Epsia Underwood et al. v. Choctaw Nation. No. 32.

Judgment

On this the 24th day of August, 1897, the same being one of the regular judicial days of the April, 1897, term of court, this cause came on to be heard, whereupon the plaintiffs and defendant announced ready for trial, and the court having heard the testimony and argument of counsel and being well and sufficiently advised in the premises, doth find that the plaintiffs, Epsia Underwood, William Underwood, John Underwood, Margarette Underwood, Elizabeth Underwood, Angeline Underwood, Nellie Underwood, Leopold Underwood, and Mena Underwood, are descendants of a member of the Choctaw Nation by blood and are entitled to be placed upon the roll as members by blood of the Choctaw Nation.

It is therefore ordered, adjudged, and decreed by the court that the plaintiffs, Epsia Underwood, William Underwood, John Underwood, Margarette Underwood, Elizabeth Underwood, Angeline Underwood, Nellie Underwood, Leopold Underwood, and Mena Underwood, have and recover of and from the Choctaw Nation, and that they and each of them be granted all the rights, privileges, immunities and benefits as enjoyed by members by blood of the Choctaw Nation, and that the Commission to the Five Civilized Tribes place the names of said plaintiffs upon the roll of the Choctaw Nation as members thereof by blood and that the Choctaw Nation recognize the rights of these plaintiffs to their full extent, and that the clerk of this court furnish the said Commission to the Five Civilized Tribes with a certified copy of this judgment, and that the plaintiffs have and recover of the defendant all their costs herein expended, for all of which let execution Issue.

The within is a true copy from the record of an order made by said court on the 24th day of August. A. D. 1897.

[seal.] (Signed) E. J. Fannin, Clerk.

(Indorsed: No. 427. No. 32. Epsia Underwood et al. versus Choctaw Nation. Copy of order of court, Filed September 1, 1807. N. M. Jackoway, secretary.)

This Is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chiekasaw, Cherokee, Creek, and Seminole Tribes of Indians and the distribution of the lands of said tribes, and that the above and foregoing Is a true and correct copy of a copy of an order of the United States court for central district. Indian Territory, entered on August 24, 1897, by Hon. William H. H. Clayton, judge, in the matter of Epsia Underwood et al. v. Choctaw Nation, No. 32.

J. Geo. Wright.
Commissioner to the Fire Civilized Tribes.

By W. H. Angell.
Clerk in Charge of Choctaw Records
Muskogee, Okla. October 31, 1910.

United States Of America.
Indian Territory, Central District. ss,

In the United States Court in the Indian Territory, central district, at a term thereof begun and held at South McAlester, in the Indian Territory, on the13th day of July, A. D. 1897.

Present, the Hon. William H. H. Clayton, judge of said court. The following order was made and entered of record, to wit:

George Lee White et al. v. Choctaw Nation. No. 64.

Judgment

On this 13th day of July, 1897, the same being one of the days of the April, 1897, term of this court, this cause came on to be heard and both plaintiffs and defendant appear and announce ready for trial.

And it appearing to the court that a stipulation made and entered into by and between plaintiffs and defendant on the 3d day of July, 1897, has been filed in this cause, plaintiffs and defendant in open court agree that judgment may be rendered in this cause according to the terms of said stipulation; and It appearing to the court that by the terms of said stipulation it has been provided that George Lee White and his four minor children, to wit, Minnie Lee White, Claud Jackson White, Mirtel Estella White, and George Thomas White, and Jasper Marlow, and his four minor children, to wit, Robert Crawford Marlow, Haley Margaret Marlow, Earnest Jackson Marlow, and Roy Marlow may be admitted to citizenship in the Choctaw Nation and may have judgment admitting them to citizenship in this cause; and that the remaining applicants in this cause, to wit, Eliza Jane Ford, Ivy Ford, Bully Ford, Arthur Ford, Lilly May Ford, Jack White, Nora White, Leila White, Oscar White, Jasper Moses White, James Thomas White, Mahala Irene White, Marguerite Epsie Hale, Bulah Glover, Olive Glover, Floyd Hale, and any and all others who have applied for citizenship herein and who have not been heretofore named, shall be denied citizenship and that Judgment may be rendered herein against them.

Now, therefore, the court being well and fully advised in the premises doth order, adjudge, and decree that the said George Lee White, Minnie Lee While, Claud Jackson White, Mirtle Estella White, and George Thomas White, Jasper Marlow, Robert Crawford Marlow, Haley Marguerite Marlow, Earnest Jackson Marlow, and Roy Marlow be, and the said parties are hereby, admitted to full citizenship in the Choctaw Nation, with all the rights and privileges pertaining to citizens by blood of the said Choctaw Nation.

It Is further ordered, adjudged, and decreed that the remaining claimants in this action, Eliza Jane Ford, Ivy Ford, Cully Ford, Arthur Ford, Lilly May Ford, Jack White, Nora White, Leila White, Oscar White, Jasper Moses White, James Thomas White, Mahala Irene White, Marguerite Epsie Hale, Bulah Glover, Olive Glover, and Floyd Hale, and any other applicants in this cause not heretofore named be and the said parties are hereby, denied citizenship in said Choctaw Nation and are hereby barred of any claim to said citizenship in said Choctaw Nation.

It is further ordered and decreed that the plaintiffs have and recover of defendant all their cost in this action laid and expended.

It is further adjudged and decreed that the clerk of this court forward to the Commission to the Five Civilized Tribes a certified copy of the judgment in this cause, and that said commission place the names of the parties herein admitted on the rolls prepared or to be prepared by it and exclude from said roll the names of the parties herein denied.

United States Of America.

Indian Territory, Central District, ss:

I, E. J. Fannin, clerk of the district court of the United States for the central district of the Indian Territory, do hereby certify the foregoing to be a true copy of an order made by this court on the 13th day of July, 1897, as appears from the records of said court now on file In my office.

In testimony whereof. I have hereunto set my hand, at my office in South McAlester in said district, this 20th day of October. A. D. 1898.

[seal.] (Signed) E. J. Fannin, Clerk.
By _______ ______, Deputy.

(Indorsed: No. 64. George Lee White et al. versus Choctaw Nation. Copy of order of court.
Signed. E. J. Fannin, clerk,
by ______ ______, deputy.)

This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members, of the Choctaw, Chickasaw, Cherokee, Creek, and Semino1 Tribes of Indians, and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a copy of order of court rendered by Hon. William H. H. Clayton, Judge of United States court for the central district, Indian Territory, on July 13, 1897, in the matter of George Lee White et al. v. Choctaw Nation. No. 64.

J. Geo. Wright, Commissioner to the Fire Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records, Muskogee, Okla., October 31, 1910.

United States or America,
Indian Territory, Central District, ss:

In the United States Court In the Indian Territory, central district, at a term
There of begun mid held at South McAlester in the Indian Territory, on the
19th day of January A. D. 1898.

Present, the Hon. William H. H. Clayton, Judge of said court.

The following order was made and entered of record, to wit:

Jane Marrs v. Choctaw Nation. No. 88. Judgment

On this 19th day of January. A. D. 1898, came the claimants by their attorney and file a motion to re-form the judgment heretofore entered in this cause and for a nunc pro tune entry herein; and the court being well and sufficiently advised in the premises, doth find that by a clerical error, the name of Tandy Hamilton was erroneously entered in said judgment, and that he was not party to this suit, and that the court had no jurisdiction of his person. Therefore it is ordered by the court that said judgment heretofore entered be re-formed by striking out the name of Tandy Hamilton, which occurs therein by clerical error, and that said judgment be entered on for the 25th day of August, 1897, and that it read as follows, to wit:

Jane Marrs et al. v. Choctaw Nation. Judgment

This cause came on to be heard on this the 25th day of August, A. D. 1897, in open court, whereupon both plaintiffs and defendant announced ready for trial, and the court having heard the evidence in the case and argument of counsel, and the same being submitted to the court for judgment herein, the court finds that the plaintiffs, Jane Marrs, a female 61 years old; Margaret Marrs, Ellen Alderson, Rebecca Smith, Mary Pritchard, Julia Hamilton, Samuel Marrs, Thomas Marrs, and John Marrs are all citizens and members of the Choctaw Nation and Tribe by blood, and as such are entitled to all the rights, privileges, immunities, and benefits of citizens and members by blood of the Choctaw Nation and Tribe of Indians; that Clara Belle Marrs, William K. Marrs, James Marrs, and Rachel Marrs, children of Margaret Marrs, one of the above-named plaintiffs: that Richard M. Alderson, Julia M. Alderson, and Barley H. Alderson, children of Ellen Alderson, one of the above-named plaintiffs; that Reubin Harrison and Jane Smith, children of Rebecca Smith, one of the above-named plaintiffs: that Flora Pritchard, John Pritchard, Dennie Pritchard, and Jane Pritchard, children of Mary Pritchard, one of the above named plaintiffs: that Delia May Hamilton, child of Julia Hamilton, one of the above-named plaintiffs; that Bertha Marrs, child of Samuel Marrs, one of the above un-named plaintiffs, are all members and citizens of the Choctaw Nation and Tribe of Indians by blood, and as such are entitled to all the rights, privileges, immunities, and benefits of citizens and members by blood of the Choctaw Tribe of Indians and Nation. It is therefore ordered, adjudged, and decreed that the above named plaintiffs, all and each of them, be admitted to and granted all the rights, privileges, immunities, "and benefits of citizens by blood of the Choctaw Nation; that each of their names be placed upon the legal citizenship roll of the Choctaw Nation by blood, by the Commission to the Five Civilized Tribes, and that the clerk transmit to said commission certified copy of judgment in this ease, and order that said commission place the names of the above-named plaintiffs upon the rolls as herein commanded, and that the plaintiffs have and recover of and from the defendant all their costs herein laid out and expended; for all of which let execution Issue.

United States Of America
Indian Territory, District, ss:

I, E. J. Fannin, clerk of the district court of the United States for the district of the Indian Territory, do hereby certify the foregoing to be a true copy of an order made by said court on the 19th day of January, 1898, as appears from the records of said court now on file in my office.

In testimony whereof, I have hereunto set my hand, at my office in South McAlester, in said district, this 19th day of March, A. D. 1903.

[seal.] E. J. Fannin, Clerk.
By I. M. Dodge. Deputy.

This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians, and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of a judgment dated August 25, 1897, now on file in this office, in the matter of the enrollment of Jane Marrs et al, as members of the Choctaw Nation.

J. Geo. Wright. Commissioner to the Fire Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records

Durant, Ind. T., August 15, 1899.

To whom it may concern:

This is to certify that I, D. E. Shaffer, a minister of the gospel, do hereby certify that on July 31, 1899, I did duly and according to the requirement of the Choctaw law, solemnize and publish the bonds of holy matrimony between Mr. R. T. Alderson and Miss Ellen Marrs.

Witness my hand this 15th day of August 1899.
D. E. Shaffer.

My credentials are recorded in third judicial district, contract book A, page 141.

Permit

County Of Blue,
Choctaw Nation, Ind. T.

To all whom these presents shall come, greeting:

Nnow ye, that I, R. C. Freeney, judge of the county and probate court of said county, Choctaw Nation, by virtue of the authority in me vested by the laws of the Choctaw Nation, do hereby grant unto John Campbell, a citizen of the United States, a permit to reside in the Choctaw Nation as a renter in the employ of R. T. Alderson.

This permit shall expire December 31, 1900.

Given under my hand and seal of the county this 5th day of February 1900.

[seal.] R. C. Freeney, County and Probate Judge of said County, Choctaw Nation,

Attest: C. W. James,
County Clerk

Permit

County of Blue
Choctaw Nation, Ind. T.

To all whom these presents shall come, greeting:

Know ye, that I, R. C. Freeney, judge of the county and probate court of said county, Choctaw Nation, by virtue of the authority in me vested by the laws of the Choctaw Nation, do hereby grant unto Jim Bradley, a citizen of the United States, a permit to reside In the Choctaw Nation as a renter in the employ of R. T. Alderson.

This permit shall expire December 31, 1900.

Given under my hand and seal of the county this fith day of February 1900.
[seal.] R. C. Freeney, County and Probate Judge of said County, Choctaw Nation

Attest:
C. W. James, County Clerk.

Permit

County Of Blue,
Choctaw Nation, Ind. T.

To all whom these presents shall come, greeting:

Know ye, that I, R. C. Freeney, judge of the county and probate court of said county, Choctaw Nation, by virtue of the authority in me vested by the laws of the Choctaw Nation, do hereby grant unto Neal Wallace, a citizen of the United States, a permit to reside in the Choctaw Nation as a renter in the employ of R. T. Alderson. This permit shall expire December 31, 1900.

Given under my hand and seal of the county this 5th day of February, 1900.

[seal.] R. C. Freeney, County and Probate Judge of said County, Choctaw Nation
Attest: C. W. James, County Clerk

Department of the Interior,
Commission To The Five Civilized Tribes
Muskogee, Ind. T., May 7, 1904

Robert T. Alderson,
Allison, Ind. T.

Dear Sir: Inclosed herewith you will find a copy of the order of the Commission to the Five Civilized Tribes, dated May 7, 1904, dismissing your application for enrollment as a citizen by intermarriage of the Choctaw Nation. Respectfully,

T. B. Needles Commissioner in Charge

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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