Franklin M. Harton Et Ai,. 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.
