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Mississippi Choctaw,
July 1, 1902
Mississippi Choctaws
(Acts of June 28, 1898. 30 Stat., 495. and July 1, 1902, 32 Stat.. 641.]
Maggie Nickey (now John). Billy
Nickey, Sam Nickey, Bettie Russell Nickey,
Mollie Mas Nickey
The applicants were embraced in the
Mississippi Choctaw application of Nancy
Nickey, made at Meridian, Miss., April 25,
1901, for the identification of herself and
said children, and also for her child Lizzie
Nickey, who died in the year 1901, as
Mississippi Choctaws. Said Nancy Nickey was
identified as a full blood Mississippi
Choctaw May 17, 1904. September 13, 1904,
the Commission to the Five Civilized Tribes
denied the identification as full-blood
Mississippi Choctaws of the above named
children, and said decision was approved by
the department December 13, 1904 (I. T. D.,
12338-1904).
January 12, 1907 (I. T. D. 82-1907), the
department ordered a rehearing in the matter
of the application of said Maggie Nickey,
and on March 4, 1907, Commissioner Bixby
wired the department us follows:
"Referring to departmental letter of January
twelfth, nineteen seven (I. T. D.,
eighty-two-nineteen seven), ordering
rehearing in application of Maggie Nickey,
now Maggie John, for Identification us
Mississippi Choctaw, sufficient evidence has
been received by me today to identify this
applicant as full-blood Mississippi Choctaw,
and such action has accordingly been taken
on this date by me. Sufficient evidence is
also on file with this office showing bona
fide settlement within Choctaw-Chickasaw
country. Recommend that her name he placed
on schedule of identified Mississippi
Choctaws, and also on final roll of
Mississippi Choctaws, and approved by you
today. Maggie Nickey is twenty years old,
removed to Choctaw-Chickasaw country in
February, nineteen hundred three, and
submitted proof of settlement on February
fifth, nineteen seven. Her name appears on
Mississippi Choctaw card number nine hundred
seventeen."
March 13, 1907 (I. T. D., 8210-1907), the
department advised the commissioner that as
the telegram was not received until March 5,
1907. "It is not considered that the
department has now the authority to place
said Maggie Nickey, or Maggie John, upon the
roll of Mississippi Choctaws."
On March 4, 1907, the commissioner rendered
his decision refusing the application of
Lizzie Nickey for Identification, she having
died too soon to be entitled to such
identification, and grafted the application
for the identification of said Maggie,
Billy, Sam, Kettle Russell, and Mollie Mass
Nickey as full-blood Mississippi Choctaws.
The commissioner advised the department of
this action on March 6, 1907, and stated
that-
"Considering, however, the fact that but a
few hours remained before the closing of the
rolls of citizenship, no action was taken as
to the notification of said parties as to
their identification, for the reason that
the said Billy and Sam Nickey are residents
of Paulding, Miss Bettie Russell Nickey of
Russell, Miss,, and Mollie Mass Nickey of
Sylvarena, Miss., and it would have been
impossible for them to have removed to and
settled within the Choctaw-Chickasaw country
and submitted proof thereof, as required by
section 41 of the act of Congress approved
July 1,1902 (32 Stats., 641), within time
for their enrollment to have been approved
by you on March 4, 1907."
March 10, 1907 (I. T. D. 8510-1907), the
department, in reply to the commissioner's
letter, stated that it had no authority to
further act in the case.
I believe that authority should be granted
for the placing of the name of Maggie Nickey
upon the final roll of Mississippi Choctaws,
and that upon her compliance with the law a
final allotment of land be given her. As to
the other applicants first named I believe
that a reasonable time, say six months,
should be given them within which to
establish a bona fide residence In the
Choctaw-Chickasaw country, and that upon the
proof of such settlement they be enrolled as
Mississippi Choctaws, and upon their
compliance with the law as relates to
Mississippi Choctaws they be given final
allotments of land in the Choctaw-Chickasaw
country.
Clemogene Farve and Elizabeth Farve.
On February 27, 1907 (I. T. D., 4712. 4704,
4770, 51 SO, 523S, 5432-1907, 1806-1006,
4224-1907), the department reversed the
decisions of the commission and the
Commissioner to the Five Civilized Tribes,
dated March 30, 1904, and December 31, 1900,
respectively, rejecting the applications of
Clemogene and Elizabeth Farve, among others,
for identification as Mississippi Choctaws,
and ordered said applicants identified as
such, In accordance with said decision the
commissioner, on March 2, 1907, rendered his
decision identifying these applicants as
full-blood Mississippi Choctaws. Said
applicants were notified on March 2, 1907,
of their identification as Mississippi
Choctaws and advised of what action was
necessary on their part to protect their
rights. It is apparent that said applicants
did not have time to remove to and make
settlement in the Choctaw-Chickasaw country
and to make proof of such settlement within
time to have their enrollment approved by
March 4, 1907.
Sallie Charlas, Minnie Charlas, Bettie
Charlas, Louisa Charlas, James Charlas.
On February 20, 1907 (I. T. D., 3054-1907),
the department, in accordance with an
approved opinion of the Assistant Attorney
General dated February 16, 1907, directed
the commissioner to identify the above named
applicants as Mississippi Choctaw Indians.
The commissioner's decision, in conformity
with said direction, was rendered February
23, 1907. These applicants live in Leake
County, Miss., and they did not have
sufficient time after their identification
within which to remove to and settle in the
Choctaw-Chickasaw country and make proof of
such settlement in time to secure their
enrollment by March 4, 1907.
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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