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Wm. E. Moore, Choctaw
Dawes Commission No. 355.
United States
court No. 7.
Citizenship court No. 50.
Commission No. 92.
Record
September 8, 1896. Application was made to
the commission for the enrollment of Letha
Ann Harper. Edgar Batt Harper, William E.
Moore, William Lenlord Moore, Lizzie Bell
Moore, John Marshall Moore, Abb Lewis Moore,
Jackson Moore, Victoria Moore, Daisy Deen
Moore, Carl Debrah Moore, Anna Gertrude
Moore, Maggie Ethel Moore, as Choctaw
Indians by blood. Applicants claim through
their father or grandfather, William McCager
Moore, who was a son of Nittuchachee, a
chief of the Choctaw Nation in 1830, and one
of the fourteenth article reserves under
the treaty of that year. William McCager
Moore had the following children: John M.
Moore, William E. Moore, Letha Lewis (Mrs.
W. E. Lewis nee Moore).
William McCager Moore moved to and settled
in the Choctaw Nation near Culaohaha in 1874
or 1875. It appears from the testimony of
many Indian witnesses that William McCager
Moore and his children lived continuously in
the Choctaw Nation, with the exception of
brief intervals, and that all of the
claimants herein were bona fide residents of
the Choctaw Nation in 1893, and have since
maintained such residence. They have held
land, issued permits to nonresidents, and
exercised all the rights of admitted Choctaw
citizens. Some of their children were
educated in Choctaw schools. On the roll of
citizens of Sugar Loaf County, of the
Choctaw Nation, prepared bv Elam McCurtain,
S. W. Folsom, and Jefferson J. Mc- Elroy, in
1896, appear the following names, opposite
the following numbers:
820. William E. Moore.
821. Leonard Moore.
822. Lizzie Moore.
823. Marshall Moore.
824. Absolam Moore.
825. Jackson Moore.
On the line immediately preceding the first
of the above names appear the words:
"Rejected, Not admitted." There is a line
drawn through each name. There is no
notation as to when nor by whom nor by what
authority this was done.
The record shows that in 1884 William
McCager Moore applied to the Choctaw council
for the enrollment of himself and children;
that there were a large number of
citizenship cases pending, and that no
action was taken upon his application: that
he was instructed to return at the next
council and his case would be acted upon.
The record shows that on the fith day of
November 1884, the application of William M.
Moore and his children was presented to the
Choctaw council and rejected. In 1895
Mrs. W. E. Lewis, sister of William E. Moore
and John M. Moore, applied to the Choctaw
council for the enrollment of herself and
children, and that she and her children were
duly admitted to citizenship.
In the record appears the following
certificate of the enrollment on the final
approved rolls of the children of Mrs. W.
E. Lewis:
Department Of The Interior
Commission To The Five Civilized Tribes.
I, Tams Bixby, chairman of the
Commission to the Five Civilized Tribes, do
hereby certify that the names of Frank
Lewis, Belle Lewis, Annie Lewis, Curtis
Lewis, Alice Lewis, Winnie Lewis, and Wallis
G. Lewis appear upon the approved roll of
the citizens by blood of the Choctaw Nation,
opposite Nos. 7086, 7987, 7988, 7989, 7990,
7991, and 7992, respectively, and that their
enrollment us such was approved by the
Secretary of the Interior January 17, 1903.
In testimony whereof I have hereunto set my
hand this 28th day of November, 1903, at
Muskogee, Ind. T.
Tams Bixby, Chairman.
Accompany the petition to the commission
are a large number of affidavits of Indian
citizens testifying to the blood, descent,
residence, and recognition of the claimants
as Choctaw Indians, of which the following
is a sample:
Choctaw Nation, Wade County. Ind. T.
Before the undersigned notary public
appeared Gilbert W. Thompson and. after
being sworn, says: " I am 47 years of age
and a resident of the Choctaw Nation, and
post-office address is Tuskahoma. Ind. T..
and that I am a Choctaw Indian by blood,
born and raised in the Choctaw Nation. I am
now holding my first term of office of
county judge of Wade County. I was Judge of
Skullyville County four years while I lived
there. I was elected senator from Wade and
Cedar Counties the last election, the 5th
day of August, 1806." Affiant further states
that about the year of 1873 or 1874 he
attended the Masonic lodge at Greenwood,
Ark., and while there he met and became
acquainted with William McCager Moore, who
was then living at or near Greenwood, Ark.
"I heard that he had recently come from
Mississippi and had started to the Choctaw
Nation with his family. He told me he was an
Indian. I noticed him particular. His way
and appearance and looks made me believe he
was an Indian. About the year of 1875 or
1876 I was going over in the State, and I
again saw him in Sugar Loaf County, Ind. T..
where he lived for several years, and I got
acquainted with his family, frequently
stopping when passing. I got acquainted with
Mr. William McCager Moore's daughter. Letha
Ann Moore, who In after years married W. W.
Harper. She had long, straight, black hair;
her face (physical appearance) favored a
Choctaw Indian race. The family has and was
regarded Choctaw Indians, her father, owning
places, paying permits for renters as other
citizens. In the year of 1881 our chief,
Jack F. McCurtain, put out of the nation the
whites that was claiming to be citizens and
a great number of people that did not claim
citizenship. I was one of his staff
officers. The chief had a talk with William
McCager Moore In my presence, and he told
him (Moore) to say and pay permits for his
renters and to come down to council and he
would help establish his right. His health
now became bad, and he lingered along and
died in about 1885. I was present at the
council of 1895 when Bettie A. Lewis's
(sister of Mrs. Letha Ann Harper)
citizenship was voted on in the house and
senate, and from what the members knew
personally and the evidence there was not a
vote cast against her citizenship, and it
was unanimously agreed upon." Affiant
further states: "From the above facts and a
number of other circumstances I firmly
believe that William McCager Moore's family
are Indians by blood and descent and justly
entitled to citizenship In the Choctaw
Nation. I am not related nor of any kin and
have no interest whatever in the clam of
Letha Ann Harper nor none of the family, and
I make this affidavit purely because I
honestly believe in the justice of their
rights that it is due her.''
G. W. Thompson.
Subscribed and sworn to this 26th day of
August, 1896.
[seal.]
F. M. Fuller, Notary Public.
My commission expires February 13, 1900.
On November 7, 1903, Judge Gilbert Thompson
appeared as a witness before the citizenship
court and corroborated all the statements in
the above affidavit, going into minute
detail. His testimony was unshaken on
cross-examination. In the papers in the case
appears his letter signed by Gilbert W.
Dukes, chief of the Choctaw Nation, who was
at one time attorney for applicants. The
letter is as follows:
Talihina, Ind. T.,
July 11, 78,97.
Mr. Jok Gardner,
McAlester, Ind. T.
Dear Joe:
I write to ask you to get you and Judge
Stewart to give your consent as attorneys
for the Choctaw Nation to admit Victory
Moore and her children., wife of John Moore,
deceased: William Moore, his wife and
children; Lehta Harper's child, wife of W.
W. Harper, who is now dead. I know the
evidence in their favor. They have been in
the nation for 20 or 25 years. I am
personally acquainted with the members of
the Moore family: they are brothers and
sisters of Bettie A. Lewis, who was admitted
by act of counsel without a dissenting vote.
It is just and right to admit them. They are
good. poor Choctaws. I am getting well and
will soon be ready for the fight. Keep up
the fire all along the line. I would not
have missed going to court for anything.
Your friend,
G. W. Dukes.
On November 7, 1903, Gilbert W. Dukes
appeared as a witness for the claimants
before the Choctaw-Chickasaw citizenship
court, his testimony appearing on pages 45
to 56, and testified as to the blood,
residence, and recognition of the claimants
as Choctaws. Many other Choctaw citizens,
who made affidavit in 1890 in support of the
application before the commission, appeared
before the citizenship court and testified
in behalf of the claimants.
December 2, 1896. The commission rendered a
decision in words and figures as follows, to
wit: "Denied."
From this decision an appeal was taken to
the United States court, central district.
Indian Territory, sitting at McAlester. The
record of the Dawes Commission was
transferred to the court, additional
testimony taken, and on August 24. 1897,
judgment was entered admitting the following
persons: William E. Moore, William L. Moore,
Lizzie Belle Moore, John Marshall Moore, Abb
Lewis Moore, Jackson Moore, Daisy Dean
Moore, Carl D. Moore, Anna G. Moore. Maggie
E. Moore, Edgar B. Harper. Victory Moore,
and Catherine Moore.
(Certified copy of judgment hereto attached,
marked "' Exhibit A."
December 17, 1902. Judgment of the United
States court vacated by decree of the
citizenship court in test case.
"March 13, 1903. Case certified to
citizenship court for trial de novo; record
certified to citizenship court: much
additional testimony taken by claimants; no
testimony offered by nations.
March 28,1904. Decree entered denying all
claimants.
March 2,1906. Petition for the enrollment of
claimants filed under regulations adopted by
the commission January 2,1906.
June 9, 1906. Applications filed for the
enrollment of the following new-born
children: Teddy Moore, Ethel Moore, and John
M. Moore.
September 4, 1906. Hearing had in the office
of the commission at Muskogee. Claimants
examined as to the appearance of their names
on the tribal rolls. On page 5 of the record
of the commission, at the hearing had at
Muskogee, appears the following:
By Mr. Welch: Have the commission the
county census rolls as prepared by each
county commission, census roll of 1896?
By the Commissioner: On the roll of citizens
of Sugar Loaf County of the Choctaw Nation
appear the following names: William K.
Moore, opposite No. 820; Leonard Moore,
opposite No. 821; Lizzie Moore, opposite No.
822; Marshall Moore, opposite No. 823;
Absolum Moore, opposite No. 824; Jackson
Moore, opposite No. 825.
Following the list of names among which the
above names appear, appears the following
certificate:
"We do hereby certify these names in the
enrollment book is a true and correct list
of citizens by blood."
Given under our hand and seal this 28th day
of October. A. D 1896.
Elam McCurtain,
S. W. Folsom.
Jefferson T. McElroy, Commissioners
The names of William K. Moore, Leonard
Moore, Lizzie Moore, Marshall Moore, Absolum
Moore, and Jackson Moore appear to have been
stricken from said roll, a line having been
drawn through each name.
February 23, 1907. The commission rendered a
decision denying the enrollment of claimants
under the provisions of the act of July 1,
1902; which was construed by the department
as precluding the consideration of any
application by the commission of any person
whose name did not regularly appear upon the
tribal rolls.
Literal copy of opinion of the commission
hereto attached and marked "Exhibit B."
February 27, 1907. Record transmitted to
department.
March 4, 1907. Decision of the commission
pro forma approved by Secretary.
Counsel for claimants respectfully submit
that the following persons are in law,
equity, and good conscience entitled to
enrollment.
Admitted by United States court in judgment
of 1897: William E. Moore, William L. Moore,
Lizzie Belle Moore, John Marshall Moore, Abb
Lewis Moore, Jackson Moore, Daisy Deen
Moore, Carl D. Moore, Anna G. Moore, Maggie
E. Moore, Edgar B. Harper, as citizens by
blood, and Victoria Moore and Catherine
Moore, as citizens by intermarriage, and the
following persons for whose enrollment
application was made to the commission in
1898: Freda G. Moore, Eva Moore, Dewey W.
McMurtry, and for the following new-born
children: Tiney Moore, Oluga Moore, Bulah
Moore, David Moore, Blanche McMurtry, Ethel
Moore, Teddy Moore. John William McMurtry.
Exhibits attached.
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
thereof 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:
William E. Moore et al. v. Choctaw Nation.
No. 7. Judgment.
On this the 24th day of August, 1897, this
cause coming on to be heard by the court,
and W. W. Wallis, Esq., appearing for the
appellants, and Stewart, Gordon & Hailey,
Esqrs., appearing for the appellees, and all
parties having announced ready for trial,
and the pleadings and the evidence being
submitted to the court, and the court, being
well and sufficiently advised in the
premises, doth find that William E. Moore,
William L. Moore, Lizzie Belle Moore, John
Marshall Moore, Abb Lewis Moore, Jackson
Moore, Daisy Dean Moore, Carl D. Moore, Anna
G. Moore, Maggie E. Moore, and Edgar B.
Harper are Choctaw Indians by blood and
reside in the Choctaw Nation, Ind. T., and
are entitled to all the rights, privileges,
benefits, and immunities of other Choctaw
Indians by blood. The court further finds
that Victory Moore is the widow of John N.
Moore, deceased, who was a Choctaw Indian by
blood, and as such widow she Is entitled to
all the rights, benefits, privileges, and
immunities as other citizens of the Choctaw
Nation by intermarriage. The court further
finds that Catherine Moore is the wife of
William E. Moore, who is a Choctaw Indian by
blood, and as such wife of an Indian she is
entitled to be enrolled and have all the
rights, benefits, privileges, and immunities
of other citizens of the Choctaw Nation by
intermarriage. That each of said
intermarried citizens last aforesaid reside
in the Choctaw Nation. Ind. T. Therefore it
is ordered, decreed, and adjudged by the
court that the appellants herein, the said
William E. Moore, William L. Moore, Lizzie
Belle Moore, John Marshall Moore, Abb Lewis
Moore, Jackson Moore, Daisy Dean Moore, Carl
D. Moore, Anna G. Moore, Maggie E. Moore,
and Edgar B. Harper are Choctaw Indians by
blood and shall be enrolled as such and
shall have all the rights, benefits,
privileges, and immunities that other
Choctaw Indians enjoy or are entitled to. It
is further ordered, decreed, and adjudged by
the court that Victory Moore and Catherine
Moore are Choctaw citizens by intermarriage,
and as such shall be enrolled and shall have
and receive all the rights, benefits,
privileges, and immunities that other
Choctaw citizens by intermarriage enjoy or
are entitled to. It is further ordered by
the court that the clerk of this court
transmit, under his official hand and seal,
to the Commission to the Five Civilized
Tribes, known as the Dawes Commission, a
certified copy of this judgment, which shall
operate as a mandate requiring the said
commission to place the names of the
aforesaid parties on the rolls prepared, or
to be prepared, of the citizens of the
Choctaw Nation.
It is further ordered, decreed, and adjudged
by the court that the judgment heretofore
rendered in this cause by the aforesaid
commission be, and the same Is hereby,
reversed and held for naught, and that the
appellants herein have and recover of and
from the Choctaw Nation all their costs
expended in this behalf.
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 the
judgment of the court, dated August 24,
1907, on file in this office in the matter
of the claim of William E. Moore et al. for
enrollment as members of the Choctaw Tribe
of Indians.
Dated at Muskogee. Okla., this 17th day of
October 1910.
J. Geo. Wright,
Commissioner to the Fire Civilized Tribes.
By W. H. Angell, Clerk in charge of Choctaw
records.
William E. Moore, Exhibit B.
Department Of The Interior.
Commissioner To The Five Civilized Tribes.
In the matter of the application for the
enrollment of William E. Moore et al. as
citizens by blood of the Choctaw Nation.
Decision
It appears from the record herein and
from the records in the possession of the
Commissioner to the Five Civilized Tribes
that application was made to the Commission
to Five Civilized Tribes at Wister, Ind. T..
on June 6. 1899. by William K. Moore, for
the enrollment of himself and his children,
William L. Moore, John M. Moore, Absolam L.
Moore, and Jackson Moore, as citizens by
blood of the Choctaw Nation, and for the
enrollment of his wife. Catherine Moore, as
a citizen by intermarriage of said nation;
that on June 23, 1900, written application
was filed for the enrollment of Freda
Gertrude Moore, minor child of William E.
Moore and Catherine Moore, as a citizen by
blood of the Choctaw Nation; that on
December 24, 1902. written application was
filed for the enrollment of Eva Moore, minor
daughter of Leonard Moore and Jessie I,.
Moore, as a citizen by blood of the Choctaw
Nation: that on June 6, 1899. application
was made to the Commission to the Five
Civilized Tribes by Lizzit McMurtry for the
enrollment of herself and her minor son,
Dewey W. McMurtry. as citizens by blood of
the Choctaw Nation.
It further appears from the records in the
possession of the Commissioner to the Five
Civilized Tribes that application was made
to the Commission to the Five Civilized
Tribes on September 8, 1896, for admission
to citizenship in the Choctaw Nation, among
others, of the applicants. William E. Moore,
William L. Moore (as William Lenlord Moore).
John M. Moore (as John Marshall Moore).
Absolum L. Moore (as Abb Lewis Moore),
Jackson Moore, and Lizzie B. McMurtry (as
Lizzie Hell Moore), and on December 2, 1896,
said commission denied said application.
From this decision of the commission an
appeal was taken to the United States court
for the central district of Indian
Territory, which court on August 24, 1897,
reversed the decision of the commission and
admitted said applicants as citizens by
blood of the Choctaw Nation. The judgment of
said court also included the name of
Catherine Moore, and admitted said Catherine
Moore as a citizen by intermarriage of the
Choctaw Nation.
Said judgment was subsequently vacated, set
aside, and held for naught by a decree of
the Choctaw-Chickasaw citizenship court on
December 17, 1902, in the test case of
Choctaw and Chickasaw Nations or Tribes v.
J. T. Riddle et al.
Said cause was subsequently certified to the
Choctaw and Chickasaw citizenship court,
created under the provisions of the act of
Congress approved July 1, 1902 (32 Stat..
641). for a trial de novo. and on March 28,
1904, in the case of William E. Moore et al.
v. Choctaw and Chickasaw Nations
(Choctaw-Chickasaw citizenship court case
No. 68. South McAlester docket), said
citizenship court rendered a judgment
therein wherein it was "ordered, adjudged,
and decreed that the petition of the
plaintiffs. William E. Moore. William E.
Moore, Lizzie Belle Moore (or Lizzie B.
McMurtry), John Marshall Moore (or Marshall
J. Moore), Abb Lewis Moore (or Absolam L.
Moore), Jackson Moore, and Catherine Moore
(or Katherine Moore) be denied, and that
they be declared not citizens of the Choctaw
Nation and not entitled to enrollment as
such citizens and not entitled to any rights
whatever flowing there from."
On May 27. 1904. the Commission to the Five
Civilized Tribes issued orders dismissing
the application for the enrollment of Freda
Gertrude Moore, Eva Moore, and Dewey M.
McMurtry as citizens by blood of the Choctaw
Nation, for the reason that the citizenship
of the persons through whom said applicants
claimed their right to enrollment had been
adversely determined by the
Choctaw-Chickasaw citizenship court.
Under the regulations adopted by the
Commissioner to the Five Civilized Tribes
January 2, 1906, there was filed on March 2.
1906, a petition verified by William E.
Moore, praying for the enrollment of William
E. Moore, Catherine R. Moore. Toney Moore,
Jackson Moore, Freda G. Moore, Leonard
Moore, Tiney Moore, Eva Moore, Bulah Moore,
Marshall Moore, Oluga Moore, David Moore,
Lizzie B. McMurtry, Wallace McMurtry, and
Blanche McMurtry as citizens by blood of the
Choctaw Nation.
The petitioners, William E. Moore, Catherine
R. Moore, Jackson Moore, Freda G. Moore,
Leonard Moore, Eva Moore, Marshall Moore,
Lizzie B. McMurtry, Wallace McMurtry and
Toney Moore, are Identical with the persons
for whose enrollment as citizens of the
Choctaw Nation application was made under
the provisions of the act of Congress
approved July 1, 1902. This office has no
record of any application ever having been
made for the enrollment of the petitioners.
Tiney Moore, Bulah Moore, Oluga Moore, David
Moore, and Blanche McMurtry prior to
December 1, 1905.
On June 9, 1906, applications were received
for the enrollment of the following persons
as citizens by blood of the Choctaw Nation
under the provisions of the act of Congress
approved April 26, 1906 (34 Stat., 137);
Teddie Moore, born January 24, 1905, minor
daughter of William L. Moore and Jessie L.
Moore; Ethel Moore, burn August 2, 1905,
minor daughter of John M. Moore and Olga
Moore: John William McMurtry. born January
25. 1905, minor son of Allen McMurtry and
Lizzie B. McMurtry.
The petitioners base their claim to a right
to enrollment as citizens of the Choctaw
Nation upon the allegation that the names of
certain of the petitioners were placed on
the 1896 Choctaw census roll.
It does not appear from the record herein or
from the records in the possession of the
Commissioner to the Five Civilized Tribes
that any of the petitioners have ever been
recognized as citizens of the Choctaw Nation
by any duly constituted authority. Their
names do not appear upon any of the
authentic rolls of citizens of the Choctaw
Nation in the possession of the Commissioner
to the Five Civilized Tribes.
There is, however, in the possession of the
Commissioner to the Five Civilized Tribes a
roll of citizens of Sugar Loaf County of the
Choctaw Nation, prepared by Elum McCurtain,
S. W. Folsom. and Jefferson J. McElroy. The
names of certain of the petitioners appear
on said roll, as follows: William E. Moore
opposite No. 820. Leonard Moore opposite No.
S21. Lizzie Moore opposite No. 822, Marshall
Moore opposite 823. Absolam Moore opposite
No. 824. and Jackson Moore, opposite No.
825.
On the line Immediately preceding the first
of the above names and In apparently the
same handwriting appear the words "Rejected,
not admitted." Said names were stricken from
this roll, a line being drawn through each
name. Following the list of names composing
this roll, and among which the above names
appear. Is the following certificate:
"We hereby certify that these names in the
enrollment book Is a true and correct list
of citizens by blood. (liven under our hand
and seal this 20th day of October. A. D.
1896.
[Seal] Elum McCurtain
[Seal] S. W. Folsom.
[Seal.] Jefferson J. McElroy
It is presumed that said commissioners were
appointed under the provisions of the act of
the Choctaw Council of September 18, 1896,
which provided for the appointment of three
commissioners in each county by the
principal chief for the purpose of preparing
a roll of citizens of the several counties
of the Choctaw Nation, and the names of the
petitioners herein were evidently stricken
from said roll by said commissioners. While
this roll Is not identical with the
memorandum roll transmitted to the
department with this office letter of
September 1, 1906. In the case of Nancy J.
Murphy et al. and returned by the department
with its letter of January 12, 1907 (I. T.
D. 15978-1906), it appears to have been
prepared in a similar manner, and should be
given no more consideration than should said
memorandum roll be given. This roll has
never been considered by this office as an
authentic roll of the citizens of the
Choctaw Nation, and it is Immaterial to
determine by whom and by what authority the
names of the applicants herein were stricken
from said roll.
It Is claimed that the applicant, William K.
Moore, was brother of Bettie A. Lewis,
deceased, who was admitted to citizenship In
the Choctaw Nation by an act of the Choctaw
Council, Frank Lewis, Belle Lewis, Annie
Lewis, Curtis Lewis, Alice Lewis, Winnie
Lewis, and Wallis G. Lewis, children of
Bettie A. Lewis, have been enrolled as
citizens by blood of the Choctaw Nation, and
their mimes appear on the final roll of
citizens by blood of said nation opposite
Nos. 7086, 7987, 7989, 7990, 7991 and 7992,
respectively.
I am of the opinion that the record herein
fails to show that the applicant have ever
occupied such a status as would entitle them
to enrollment as citizens of the Choctaw
Nation; that the action of the
Choctaw-Chickasaw citizenship court of March
28, 1904, is final, and that the
applications for the enrollment of William
K. Moore, William L. Moore, John M. Moore,
Absolam L. Moore, Jackson Moore, and Lizzie
McMurtry, and the petition herein in so far
as same applies to said applications should
he 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
application for the enrollment of Catherine
R. Moore as a citizen by intermarriage of
the Choctaw Nation and the petition herein,
in so far as same 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.
I am further of the opinion that the
petition herein in so far ns same applies to
the petitioners Freda G. Moore, Eva Moore,
and Dewey W. (or Wallace) McMurtry, whose
applications for enrollment as citizens by
blood of the Choc- taw Nation have
heretofore been dismissed by the Commission
to the Five Civilized Tribes, should be
dismissed, and it is so ordered.
I am further of the opinion that the
petition herein in so far as same applies to
the petitioners Tiney Moore and Oluga Moore,
for whose enrollment as citizens of the
Choctaw Nation no application was made prior
to December 1, 1905, should be dismissed,
and it is so ordered.
I am further of the opinion that the
petition herein In so far ns same applies to
the petitioners Bulah Moore, Davis Moore,
and Blanche McMurtry should be considered as
an application for the enrollment of said
petitioners as citizens by blood of the
Choctaw Nation under the provisions of the
act of Congress approved April 26, 1906 (34
Stats.. 137), that said application and the
applications filed June 9, 1906. for
enrollment of Ethel Moore, Teddie Moore, and
John William McMurtry should be denied under
the provisions of the act of Congress
approved April 26. 1900 (34 Stats.. 137),
and it is so ordered.
Tams Bixby, Commissioner.
Muskogee. Ind. T.
February 23, 1907
United States or America,
Indian Territory, Central District.
On this day comes Samuel Garland, who, being
first duly sworn, on his oath says: I am a
citizen by blood of the Choctaw Nation; my
age is 53 years; my post-office address is
Kully Chaha, Ind. T.
I knew William M. Moore during his lifetime.
He came to the Choctaw Nation in the year
1875 and settled near me. I sold him a claim
which I owned near Kully Chaha. Ind. T.
Moore always claimed that he was a Choctaw
citizen. My uncle Charley Dukes, who was a
Choctaw Indian, told me that Moore claimed
to be a Choctaw.
I knew Bettie A. Moore, who was married to
W. A. Lewis. I also know William E. Moore.
William E. and Bettie A. Moore were the
children of old man William M. Moore.
William M. Moore lived on the place I sold
him until his death, which occurred In the
year 1885.
Sam. A. Garland.
Sworn to before me this 29th day of August,
1906.
[seal.] Malcolm E. Rosser, Rotary Public.
County of Sebastian, State of Arkansas,
ss:
On this 25th day of August, 1906, personally
appeared before me, a notary public within
and for the county of Sebastian, State of
Arkansas, duly commissioned and acting, D.
Langford Pigg, who, being by me first duly
sworn, on his oath says: I am 79 years old;
my post-office address is Greenwood, Ark.; I
have lived at my present place of residence
19 years, and have lived in Sebastian
County, Ark., continuously since the year
1870.
I was well acquainted with William M. Moore
and Mary E. Moore; knew them in Mississippi;
knew them both before their marriage; they
were married in the year 1848.
William M. Moore was always looked upon in
Mississippi as a Choctaw Indian.
William M. Moore and his family, together
with myself and family, left Mississippi in
January of the year 1870, our objective
point being the Choctaw Nation. I located in
Sebastian County, Ark., and Moore stopped
there for a short while and finally settled
in the Choctaw Nation, at what is now known
as Kully Chaha, Ind. T. Said William M.
Moore opened up a farm at that place as a
Choctaw citizen, and lived on the place he
improved until his death, which occurred in
the year 1885.
I am personally acquainted with William E.
Moore, and was personally acquainted with
Bettie A. Lewis (nee Moore) during her
lifetime; they were both the children of
William M. Moore and Mary E. Moore. I knew
William E. and Bettie A. Moore all their
lives, and know that they were full brother
and sister.
D. L. Pigg.
Subscribed and sworn to before me this
25th day of August, 1906.
[seal] Robert A. Rowe, Notary Public.
My commission expires January 16, 1910.
United States of America,
Indian Territory, Central District:
On this day conies Sillian Beard, who, being
duly sworn, on her oath says: I am a citizen
by blood of the Choctaw Nation; my age is 50
years; my post- office address is Poteau,
Ind. T.
I was well acquainted with William M. Moore
during his lifetime. He came to the Choctaw
Nation in the year 1875. and settled near
Kully Chaha, Ind. T. Said Moore opened up
and cleared up a farm near Kully Chaha, and
lived on the said farm until his death,
which occurred in the year 1885; said
William M. Moore and all his family were
recognized as citizens of the Choctaw. and
exercised all the rights of citizens of the
Choctaw Nation, such as taking up lands,
sending their children to the national
schools of the Choctaw Nation, securing
permits for their noncitizen tenants, etc.
William E. Moore and Bettie A. Lewis nee
Moore, were children of said William M.
Moore, Bettie A. Moore was married to W. A.
Lewis, she is now dead: William E. Moore is
now living in the Choctaw Nation; and
William E. Moore lived at Poteau for several
years prior to the year 1896, and sent his
children to the national schools of the
Choctaw Nation, and their tuition was paid
by the Choctaw authorities; said William E.
Moore owned a portion of what is now the
townsite of Poteau, as a Choctaw citizen,
and platted and sold same as any other
Choctaw citizen sold improvements; in fact
said William E. Moore has always been
recognized as a Choctaw citizen since I
first knew him. In the year 1875.
Sillian Beard.
Sworn to before me this 27th day of August
1906.
[seal.] Malcolm E. Rosser, Notary Public.
My commission expires December 11, 1906.
United States Of America,
Indian Territory, Central District:
On this day comes James T. Reynolds, who,
being duly sworn on his oath says: I am a
citizen by blood of the Choctaw Nation: my
age is 40 years; my post-office address is
Cameron, Ind. T.
I am well acquainted with William E. Moore,
who is applying for enrollment as a citizen
of the Choctaw Nation: I have been
personally acquainted with him for several
years. The said Moore was always recognized
as a Choctaw citizen.
I was one of the clerks of election. Brazil
precinct, at the time the Atoka agreement
was ratified by the Choctaw people, in the
year 1897, and said William E. Moore
appeared at said Brazil precinct and voted
at said election, and his right to vote as a
citizen of the Choctaw Nation was not
questioned when I informed the election
judges who he was.
James T. Reynolds.
Sworn to before me, this 29th day of August,
1906.
[seal.] Hosea S. Pilgreen, Notary Public.
My commission expires December 9, 1907.
Indian Territory. Southern District:
On this day comes Wesley W. James, who being
by me first duly sworn, on his oath says: I
am a citizen by blood of the Choctaw Nation:
my age is 36 years; my post-office address
is Tishomingo. Ind. T.
I am well acquainted with William K. Moore:
I have known him practically all my life; I
was living at Poteau, Ind. T.. in the year
1896, at the same time said Moore lived
there.
The Choctaw authorities made a census roll
of all Choctaw citizens in the year 1896,
the commission who made up said roll in
Sugar Loaf County was located at and did
their work at the Sugar Loaf County court
ground: myself and Ed. Walker and C. A.
Welch, together with said William K. Moore,
went from Poteau out to the court ground for
the purpose of enrolling; said Moore and his
family was enrolled as Choctaw citizens at
that time.
Said William K. Moore and his family have
always been recognized as citizens of the
Choctaw Nation. I knew the family about, as
far back as I can remember.
Wesley W. James.
Sworn to before me this 31st day of August.
1!i06.
[seal.] I. F. Capsham.
My commission expires April 8, 1908.
United States Of America.
Indian Territory. Central District:
On this day comes Alice Fleming, who being
first duly sworn, on her oath says:
I am a United States citizen: my age is 33
years: my post-office address is Wilburton.
Ind. T.: I am a teacher by profession; I was
teacher in the Wilburton neighborhood school
of the Choctaw Nation In the year 1902, at
which time and place Tony Moore and Jack
Moore, the children of William E. Moore,
attended my school as citizens of the
Choctaw Nation, and they were listed with
all the other Choctaw children and their
tuition was paid by the Choctaw Nation.
Alick Fleming.
Sworn to before me this 1st day of
September. 1906.
[Seal] Clifford V. Perry, Notary Public
My commission expires March 28, 1909.
United States Of America.
Indian Territory. Central District:
On this day comes Bud White, who being by me
duly sworn, on his oath says: I am a citizen
by blood of the Choctaw Nation; my age is 43
years: my post-office address is Hartshorne.
Ind. T.
I am well acquainted with William K. Moore.
Said Moore has been recognized as a citizen
of the Choctaw Nation since I first knew
him. At the general election of the Choctaw
Nation, held in August 1902, said William E.
Moore appeared at the Hartshorne precinct of
Gaines County, Choctaw Nation, and voted at
said election the same as any other Choctaw
citizen. In the same year, to wit. 1902.
said William E. Moore was made a bond and
was granted the right to cut hay in said
county of Gaines, Choctaw Nation, the same
as all other Choctaw citizens. I was the
sheriff of Gaines County at the time.
Bud White.
Sworn to before me this 1st day of
September, 1906.
[seal.] Samuel A. Maysey, Notary Public
My commission expires 2d day of May. 1908.
United States or America,
Indian Territory. Central District:
On this day comes Louis Rockett. who, being
by me duly sworn, on his oath says: I am a
citizen of the Choctaw Nation by
intermarriage; my age is 46 years; my
post-office address is Wilburton. Ind. T.; I
am well acquainted with William E. Moore and
his family. Said Moore and his family have
been recognized as citizens of the Choctaw
Nation ever since I first knew them, in
1899. I was local school trustee for the
Choctaw Nation in the year 1901 and 1902, at
which time Tony and Jack Moore attended the
Choctaw school of which I was trustee, and
their tuition was paid out of the Choctaw
treasury by authority of the Choctaw
authorities.
Louis Rockett.
Sworn to before me this 1st day of
September. 1906.
[seal.] Clifford V. Peery, Notary Public.
My commission expires March 28, 1909.
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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