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Lewis Hill, Choctaw
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.
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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