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Edward J. Horne,
Choctaw
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
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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