No. 16.
Edward J. Horne Et Al.
Dawes Commission, No. 1410. United States court, No. 29, South
McAlester. Citizenship court, No. 83.
September 9, 1896. Original application filed for enrollment of Edward J. Horne and wife, Joan Horne, Icy D. O. Horne, Victoria D. Horne, James O. Horne, Charles S. Horne, Commie E. Horne, Mary E. Horne, Sarah E. Horne, all claiming right to enrollment as Choctaws by blood, except Joan Horne, who claimed as a citizen by intermarriage.
September 19, 1896. Answer filed by attorneys for nations, objecting to the consideration of the case by commission, because “the evidence herein shows that claimant has applied for citizenship to the Choctaw tribunal and that his claim is still pending there.”
Edward J. Horne in his petition alleges that he is of one-fourth Choctaw blood, derived from his mother, Mary Horne, formerly Mary Logan, daughter of Davis Logan, a full-blood Choctaw Indian; that he was born in the Indian settlement in Mississippi, came to the Indian Territory in 1892, and has been ever since a bona fide resident of the Choctaw Nation; that in 1892 he applied to the Choctaw council at Tuskahoma, Ind. T., for the enrollment of himself and family, and deposited $100 with the national treasurer as required by law; that his claim was referred to a citizenship committee, which, after hearing his testimony, recommended that he be admitted and he and his children enrolled as members of the Choctaw tribe. Attached to the petition is a certificate reading as follows:
To all whom these presents shall come, greeting:
This is to certify that E. J. Horne et al., having had the case for citizenship before the committee on citizenship at Tuskahoma, Ind. T., at the October session, A. D. 1892, and the committee consist of L. H. Williams, chairman of the committee; P. A. Homer, Joseph Thompson, Noel James, C. H. Jones; and after hearing the evidence allowed the same favorably.
Given under my hand this 10th day of December, A. D. 1892.
Henry Byington, Clerk Committee on Citizenship.
It appears from the record that a bill was drafted for the enrollment of claimants and introduced in the Choctaw council in 1892: that in the bill the names and ages of the children did not appear of record; that objection was made to it on this ground, and that it was passed over; that in 1895 a bill was drafted inserting the names of the children, but the council decided that all such unfinished cases had to be again passed on by the committee. A copy of the bill appears in the record. The council record shows:
Tuskahoma, Ind. T.,
October 20, 1892.
The committee met, a quorum present, and the petition of E .J. Horne at al. was presented by their attorney. A. Telle read the petition, which was interpreted by the clerk. A. Telle presented a receipt for $100. A. Telle introduced some testimony and E. J. Horne was sworn in by the clerk. Testimony taken.
After hearing the evidence they allowed them to be recognized, and the petition was approved by the chairman, L. H. Williams. The applicants are as follows: E. J. Horne, and six children. Attested:
Henry Byington. Clerk Citizenship Committee.
Accompanying the petition are the affidavits of Thomas Greenwood, S. P. Perry, Mary Ann Metcalf, Nancy E. Horne, Martha E. Gregory, E. J. Horne, and Sam Perry, all stating of their own personal knowledge the Choctaw Indian blood and descent of the claimants and their relationship to Mary Horne, through whom all claim.
December 8, 1896. Commission denied application. No decision. Application stamped “Denied.”
January 22. 1897. Case appealed to the United States court at McAlester. Case heard on record before commission and additional testimony taken before master.
August 24, 1897. A decree was entered decreeing the following persons citizens of the Choctaw Nation: E. J. Horne, Joan Horne, Icy D. O. Horne, Victoria D. Horne, James O. Horne, Charles S. Horne, Commie E. Horne, Mary E. Horne, Sarah E. Horne.
Certified copy of the decree hereto attached.
December 17, 1902. Decree of the United States court vacated by decision of citizenship court in “test case.”
March 30, 1903. Case transferred to citizenship court by claimants and case heard upon record before commission and United States court and upon additional testimony offered by claimants in citizenship court.
March term, 1904. Opinion written by Spencer B. Adams, chief judge, signed by Henry S. Foote, but which was not signed by Walter L. Weaver, holding the claimants not entitled to enrollment as Choctaw Indians.
March 28, 1904. Decree entered denying the claimants. The statements of fact as set out in the opinion of the court are erroneous, and in many instances exactly opposite to the statements made by the witnesses. From the record the blood, descent, tribal affiliation, and residence in the nation since 1892 are fully established.
Applications were submitted to the commission prior to March 4, 1906, for the enrollment of newborn children in the above case, as follows: J. P. Davis, son of Icy D. O. Horne; Joe Ellen Horne, Juel Horne, minor children of E. J. Horne; Cecil Smith Pyle, Thelma Horne Pyle, minor children of Victoria D. Horne.
Said applications were rejected on May 25, 1904, for the reason that the applications of the persons through whom they claimed had been rejected by the citizenship court.
Counsel respectfully submit that the following persons, whose degree of Choctaw blood is shown upon Choctaw field card. No. 3877, prepared by the commission, should be enrolled: Edward J. Horne, one-fourth; Joan Horne, one-eighth; Isedora Horne, three-sixteenths; Victoria D. Horne, three-sixteenths; James O. Horne, three-sixteenths; Charles S. Horne, three-sixteenths; Commie E. Horne, three-sixteenths; Mary E. Horne, three-sixteenths; Sarah E. Horne, three-sixteenths; Joe Ellen Horne, three-sixteenths; Juel Horne, three-sixteenths; Cecil Smith Pyle, three thirty-seconds; Thelma Horne Pyle, three thirty-seconds; J. P. Davis, three thirty-seconds.
Copy of judgment of United States court 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:
Judgment
E. J. Horne et al. v. Choctaw Nation. 29.
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. E. J. Horne, Joan Horne, Icy D. O. Horne, Victoria D. Horne, James O. Horne, Charles S. Horne, Commie E. Horne, Mary E. Horne, and Sarah E. Horne, 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 tribes of Indians.
It is therefore ordered, adjudged, and decreed by the court that the plaintiffs, R J. Horne, Joan Horne, Icy D. O. Horne, Victoria D. Horne, James O. Horne, Charles S. Horne. Commie E. Horne, Mary E. Horne, and Sarah E. Horne 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 rolls 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 by said court on the 24th day of August, A. L). 1897.
[seal.] E. J. Fannin, Clerk.
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 Seminoles Tribes of Indians, and the disposition of the land of the 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. 1897, on file in this office in the mutter of the claim of E. J. Horne et. al. for enrollment as members of the Choctaw Tribe of Indians.
J. Geo. Wright, Commissioner to the Fire Civilized Tribes.
By W. H. Angell, Clerk in Charge of Choctaw Records
Dated at Muskogee, Okla., this 17th day of October 1910
