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Lewis Hill Et Al,, Choctaws.
Dawes Commission, No. 61, United States court, No. 54,
Citizenship court, No. T-75. Citizenship court, No. T-132.
Consolidated by citizenship court with Z. T. Bottoms’s case. Same record.
September 9, 1896. Application filed with Dawes Commission for the enrollment of Louis Hill and nine others as Choctaws by blood. The petition stated that the applicants were descendants of Allen Moshulottubby, a full-blood Choctaw; that the applicants had at one time been admitted as citizens by the Choctaw Council, but that in the following year the action of the council was reconsidered and applicants refused citizenship.
The petition then makes reference to the record of the appeal from the action of the council, which had been forwarded to Washington, and by the department referred to the commission.
Attached to the petition is an affidavit of John M. Hodges, who states that in 1887 he was the secretary of the committee on citizenship of the Choctaw National Council, and that the committee recommended to the council that Louis Hill and family be admitted.
There is also attached to the petition the papers forwarded to the Indian Office by the Indian agent in the appeal proceedings from the action of the council of 1888, said papers consisting of the notice of appeal and the affidavits considered by the council. It appears from the record that no action was taken by the department upon the appeal, and that these papers had been forwarded to the Dawes Commission by the department for consideration in passing upon the above application. The report of the Indian agent. Owen, upon the appeal, which was adverse to the applicants, was not transmitted by the department to the commission.
This action by the department left Hills appeal from the council to be determined by the Dawes Commission.
September 26, 1890. Answer of nation filed.
December 1, 1896. Decision of the commission, in words and figures as follows, to wit, “Denied.”
Appealed to United States court, central district. Evidence taken before master.
January 18. 1898. Judgment of United States court, certified copy hereto attached, ordering following named persons enrolled: Louis Hill, Elizabeth Palmer, Georgia Allen Palmer, Lee H. Palmer, Earl Palmer. J. Wesley Hill, Bertie Bell Hill, Joseph Lewis Blogg, W. B. Hill, G. J. Humphrey, William Walter Humphrey, Cullus Monroe Humphrey, and Ellett Leroy Humphrey.
December 17, 1902. Judgment of United States court vacated by decree of citizenship court in “test case.” The case was thereafter transferred to the citizenship court for trial de novo and consolidated with Z. T. Bottoms’s case. No. T-75, same testimony applying to both cases, as both claim through same ancestor.
November 28, 1904. Decree of citizenship court holding applicants not citizens.
March 22. 1900. Petition filed with Commissioner to Five Civilized Tribes, alleging enrollment in 1888 by Robert L. Owen, Indian agent, on appeal from adverse action by tribal council.
August 6, 1906. Hearing had before commissioner. Evidence offered to show enrollment by Indian agent in 1888. Commissioner would not permit witnesses to testify. Papers showing pendency of appeal from council in 1888 offered in evidence, reading as follows:
To his excellency B. F. Smallwood.
Sir: My being dissatisfied and feeling aggrieved by the decision of the Choctaw tribunal in rejecting my application for citizenship of the Choctaw Nation on the 15th day of October 1888, I would therefore ask for an appeal in said case, and that all papers in said case be forwarded to the United States Indian agent at Muskogee, Ind. T.
Respectfully submitted October 16, 1888.
Louis (his x mark) Hill
Sworn to and subscribed before me this October 16, 1888.
[seal.] A. Telle, National Secretary, Choctaw Nation.
(Indorsed as follows: Indian Office, 27865. 1888. Inclosure No. 4, 54.)
Thirteen other papers (affidavits) were offered bearing the same indorsement except as to inclosure number.
The record of the citizenship committee of the Choctaw Council, 1895, now in the office of the Commissioner to the Five Civilized Tribes, contains the following entry on pages 198 and 199:
No. 4. Case of Lewis Hill for citizenship; he was rejected, and after examining his petition find that an appeal and been taken to the United States Indian agent. October 23: he was rejected by the committee October 18, 1888; therefore was not entertained by this committee.
S. W. Nelson, Chairman.
February 23, 1907. Decision of the commission, holding:
Tho record herein indicates that a decision was rendered by the United States Indian agent in the matter of the application of Louis Hill et al. for admission to citizenship in the Choctaw Nation. The record fails to show, however, the petitioners were admitted to citizenship in the Choctaw Nation by said Indian agent. I am therefore of the opinion that the action of the Choctaw-Chickasaw citizenship court is final, and that the applications should be denied.
February 27, 1907. Record forwarded to department.
March 4. 1907. Action approved by Secretary of the Interior.