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Office Of The Secretary,
Washington, D. C., August 9, 1904
Commissioner To The Five Civilized Tribes
Muscogee, Ind. T.
GENTLEMEN: On May 2, 1904, you transmitted, the record relative to the application of Ella Jones for enrollment as a citizen by intermarriage of the Choctaw Nation, including your decision of the same date, rejecting the applicant.
In your decision you state that it does not appear that the applicant ” has ever been married in accordance with the laws, customs, and usages of the Choctaw Nation to a recognized and enrolled citizen of said nation.”
Reporting October 22, 1903, the Commissioner of Indian Affairs recommends that your decision be not approved, and that the applicant be enrolled as a citizen by intermarriage of the Choctaw Nation. In his letter the Commissioner states that he does not understand that it is necessary for a woman to be married to a citizen of the Choctaw Nation in accordance with the laws of the nation in order to confer upon her rights of intermarried citizenship.
November 6, 1903, you were directed to notify the applicant and the attorneys for the Choctaw Nation of the recommendation of the Commissioner, and to allow them time within which to file argument in the case. In your letter of August 3, 1904, you state that no argument has been filed, either by the applicant or the attorneys for the nation.
The Department concurs in the recommendation of the Commissioner, in his letter of October 22, 1903. You are therefore directed to enroll Ella Jones as a citizen by intermarriage of the Choctaw Nation.
A copy of Indian Office letter of August 20, 1904, transmitting your letter of August 3, is enclosed.
Thos. Ryan, Acting Secretary
Office Of Indian Affairs
Washington, August 20, 1904
The honorable Secretary Of The Interior
SIR: Referring to Department letter of July 19, 1904 (I. T. D. 7578-1903), there is enclosed report from the Commission to the Five Civilized Tribes stating that on November 19, 1903, Ella Jones and the attorneys for the Choctaw and Chickasaw nations were notified that the Commission would, within thirty days from that date, receive such argument as might be submitted in the matter of the application of Ella Jones for enrollment as an intermarried citizen of the Choctaw Nation, arid that on December 19, 1903, Messrs. Mans field, McMurray & Cornish addressed a letter to the Commission, in which they stated:
The question of law in this case is as to whether a white person, marrying a citizen of the Choctaw Nation residing in the Chickasaw Nation, is required to comply with the intermarriage laws of the Chickasaw Nation in order to acquire citizenship by inter marriage.
This question of law arises in the case of Nettie Howell v. The Choctaw and Chickasaw Nations, No. 101 on the Tishomingo docket of the Choctaw and Chickasaw citizenship court, created and acting under the act of July 1, 1902, entitled:
“An act to ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes.”
The purpose of this communication is to comply with the requirements of the honor able Secretary of the Interior, as set forth in his letter of direction to the Commission to the Five Civilized Tribes dated November 18, 1903, and your letter dated November 25, 1903, transmitting the same.
We have to request that final action in this case by the Commission to the Five Civilized Tribes and the honorable Secretary of the Interior be postponed until final decision by the Choctaw and Chickasaw citizenship court in the case of Nettie Howell v. Choctaw and Chickasaw Nations, above referred to.
The Commission say that no argument has been filed in the matter of the application of Ella Jones for enrollment as an intermarried citizen of the Choctaw Nation either in behalf of the applicant or the Choctaw and Chickasaw nations.
W. A. Jones, Commissioner