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Surname Kelly to Love
Kelly, Albert.
Choctaw by Mood or Mississippi Choctaw.
Files: Memorandum made at office district
Indian agent. Antlers, Okla., November 13,
1908, Part I, Exhibit F. Report March 3,
1909. It is stated that this claimant is a
half blood, but that for some reason he
failed to secure enrollment or to be
identified as a Mississippi Choctaw, but
that his wife and child have been enrolled.
It is also stated that the wife is about
three-fourths blood Choctaw and that all are
from Mississippi. The people who know this
claimant say that he talks the Choctaw
language and was reared among them. He has
the appearance of being a Choctaw.
Number of claimants in this memorandum, 1.
Kessler, Zora W., Et Al. (including
four children).
Cherokees by blood. Files: Part III. Report
March 3, 1909. It Is claimed that the mother
and sister of Zora W. Kessler have been
enrolled as citizens by blood of the
Cherokee Nation, opposite Nos. 11286 and
11287. From the information now at hand it
appears that this family belongs to the
North Carolina branch of the tribe, and that
they removed to the Cherokee Nation about
1881. In view of the date of their removal
it is probable that they did so in response
to the act of the Cherokee council, approved
about that time, inviting North Carolina
Cherokees to reaffiliate with the tribe. It
would seem that this applicant is entitled
to enrollment, the only difficulty in her
case being that she has not lived
continuously In the Cherokee Nation. Her
case deserves consideration and
investigation.
Number of claimants in this memorandum, 1.
Kent (given name unknown).
Choctaw by blood. Files: Memorandum made at
office district Indian agent. Antlers,
Okla., November 13, 1908. Part I, Exhibit F,
report March 3, 1909. Mr. Peter Hudson,
Choctaw delegate, says that there is a child
whose last name is Kent, who was reared by a
family by the mime of Tenderfer, whose
address is Tuskahoma: that this boy is
between 18 and 19 years of age: that he was
brought up in the nation: that he is a full
blood Indian, but that he can not speak the
Choctaw language because he was reared by
white people.
Note.—The difficulty in this case
seems to be that his white foster parents
took no interest in his tribal relationship.
There is responsible authority for the
statement that there were other eases where
the right to enrollment was lost because
children had been adopted by white persons.
Number of claimants in this memorandum, 1.
Kimbale, Richard (or Richmond)
(9-1834) Davis, Okla.
Chickasaw by blood. File: Part I of report
of March 3, 1909. "This applicant claims
enrollment as an intermarried citizen of the
Chickasaw Nation by marriage in 1872 with
Maulsey Mahardy, a recognized Chickasaw by
blood, who died in 1888, and who was sister
of Wyatte Mahardy, Chickasaw roll, No. 2974.
The applicant, together with his wife (name
not given) are identified upon the 1878
Chickasaw annuity roll. Tishoming, County,
opposite No. 209. Applicant is possessed of
Negro blood, but is a free-born citizen of
the United States and has resided in the
Chickasaw Nation and been recognized as a
citizen thereof since 1867. He was denied
because of his Negro blood, but it is
claimed that under the treaty of 1860, this
man being a United States citizen at time of
his marriage, he became by virtue of said
marriage a Chickasaw citizen. This applicant
is father of Sallie Williams, whose case is
stated above, and also Angeline Porter and
Amanda Abram. who are on final Chickasaw
roll by blood, he being, however, only
stepfather of said Amanda Abram. This case
did not get to the department until almost
the 4th of March, 1907, and we do not
believe had proper consideration owing to
lack of time. He was denied March 4, 1907."
Number of claimants in this memorandum, 1.
King, John.
King, West.
Cherokees by blood. Files: Report Acting
Commissioner to the Five Civilized Tribes.
January 15, 1910, addressed to Hon. J.
George Wright. John King, age 15; son of
Charley King and brother of James King
mentioned in paragraph following. West King,
child of James and Dollie King: 7 years old.
Number of claimants in this memorandum, 2.
King, Mary.
Choctaw by blood. Files: Report of November
15, 1907, from Commissioner to the Five
Civilized Tribes. Application was received
by the Commission to the Five Civilized
Tribes on December 20, 1902, for the
enrollment of Mark King, born September 17,
1902, and living September 25, 1902, who is
a child of Jesse King, whose name appears
upon the approved roll of Choctaw citizens
opposite No. 10778. and Alice King, nee
Nicholas, whose name appears opposite
Choctaw roll No. 9837. This application was
received too late under the act of July 1,
1902, for the child to have been enrolled
when the application for it was received.
Number of claimants in this memorandum, 1.
King, Phillip.
Chickasaw by blood. Records in Indian Office
and Commissioner to the Five Civilized
Tribes office. This man's case was brought
to the attention of the department through
Inspector Beede, who prepared a roll of
persons claiming compensation for
improvements on the segregated coal lands of
the Choctaw and Chickasaw Nations. His claim
for compensation was denied because his name
could not be found upon the rolls prepared
by the Dawes Commission. Notwithstanding
this fact, Inspector Beede entered a note
upon the schedule showing that King was a
full-blood Indian. Recent investigation has
disclosed that there is a, person named
Phillip King, who is enrolled as a Chickasaw
freedman: that he is the husband of Cornelia
King, a full-blood Chickasaw, and father of
Billy, Alice, and Arthur King, all of whom
are borne on the final approved rolls as
three-fourths Chickasaws. Calculating from
the quantum of blood possessed by the mother
and children the father must have been a
one-half blood Chickasaw at least. This
calculation is confirmed by Inspector
Beede's note; hence King is entitled to 320
acres of land in the Choctaw-Chickasaw
country instead of 40, and, in addition
thereto, to a citizen's share of the surplus
lands and moneys of the tribe. Number of
claimants in this memorandum, ].
Ladd, Joseph B.
Cherokee by intermarriage. Department files,
D 8837. Indian Office files:
Land-42903-1909. Favorable action was taken
on the application of this man and his
family, the latter being blood Cherokees as
follows: (1) December 1, 1902, the
Commissioner to the Five Civilized Tribes
adjudged Ladd and family to be entitled to
enrollment, (2) Indian Office recommended
approval of said decision, (3) Secretary of
Interior affirmed said decision. The
schedule containing the names of the wife
and children was approved. The case of the
father was held up awaiting the decision of
the Supreme Court in the Daniel Red Bird
intermarried white case. When that decision
was rendered the Commissioner to the Five
Civilized Tribes ordered a hearing in Ladd's
case, and, upon the testimony taken,
rendered a decision adverse to him, which
decision was affirmed by the Secretary of
the Interior March 4, 1907. No order was
given by the Secretary vacating his former
decision except such as was implied by his
affirmance of the decision of the
Commissioner to the Five Civilized Tribes,
last referred to, Reporting May 29, 1909,
the Commissioner to the Five Civilized
Tribes says this is a most meritorious case,
and that the last and adverse decision must
have been rendered through failure to note
the testimony taken at the original hearing.
The only real issue in the case was whether
his absence from the Cherokee Nation from
1877 to 1880 was intended to be temporary or
permanent. Upon the same facts as to
residence the other members of the family
are now on the approved rolls. I recommend
that the facts be brought to the attention
of Congress in order that remedial
legislation may he had permitting this man's
ease to be adjudicated on the complete
record therein. Number of claimants in this
memorandum, 1.
Ladner, Sylvester (minor).
Stout, Sam (minor).
Stout, Kate (minor).
Mississippi Choctaws. Files: Part I. Exhibit
F. report March 3, 1909. These minors are
the grandchildren of Sis Stout, who is
enrolled as a full-blood Mississippi
Choctaw, opposite No. 1151 : she says they
removed with her to the Choctaw Nation in
1902. Their failure to be identified and
enrolled was probably due to the fact that
they are mixed bloods, it being incumbent
upon such persons to show descent from one
entitled under article 14, treaty of 1830.
Number of claimants in this memorandum, 3.
LaFontaine, Augustine.
Mississippi Choctaw. Files: Part I. Exhibit
F, report March 3, 1909. It appears from the
statements of this claimant that he belonged
to a band of Indians living near Bay St.
Louis, in Hancock County, Miss., and that he
removed from there to the Choctaw Nation. He
says that his parents died before he was 10
years old; that his father was one-half
blood Indian and one-half blood French, and
that his mother was a full-blood Choctaw. He
also states that his wife and five children
have been enrolled as Mississippi Choctaws.
The failure of this claimant to secure
enrollment was probably due to the fact
that, being less than a full blood, the duty
was thrown upon him to establish descent
from one entitled to the benefits of article
14, treaty of September 27, 1830. To furnish
such proof was impossible for uneducated
people, particularly those who could not
afford the expense of tracing ancestry.
Number of claimants in this memorandum, 1.
Lane (formerly Freeland), Cordelia,
Et Al.
Cherokee by blood. Files: Records of Indian
Office. Final action was taken in this case
March 4, 1907. This woman and her six
children were then denied enrollment purely
through mistake.
Prior thereto they had been found entitled
to enrollment as follows: (1) June 29, 1906,
by Commissioner to the Five Civilized
Tribes; (2) October 11, 1906, by
Commissioner of Indian Affairs; (3) February
11, 1907, by Assistant Attorney General (25
A. A. G., 143) ; (4) February 15, 1907, by
formal decision of Secretary of the
Interior. The final adverse action of March
4, 1907, was taken without notice to the
applicants and was the result of three
mistakes. The primary reason was that the
case was supposed to fall within the opinion
of the Attorney General of February 19, 1907
(26 Ops. Atty. Gen., 127), because the
applicants were denied enrollment by the
Dawes Commission under the act of June 10,
1896; but it has been definitely ascertained
since, through conference with the
Department of Justice, that it was not
intended by said opinion to hold that such
persons should be denied enrollment if the
Secretary, acting with jurisdiction under
later acts, found them entitled. The second
error consisted in overlooking the fact that
the mother was not denied enrollment under
the act of 1896. The third error was due to
the fact that the only issue adjudicated
under said act was the children's claim of
right, based on the alleged Indian blood of
one parent, viz, their father. The
subsequent favorable decision of the
Secretary was based upon the Indian blood of
the mother, but the hurry and confusion in
the Secretary's office on March 4, 1907,
were too great to permit of sufficient
examination to straighten out these features
of the case. I recommend that the facts be
brought to the attention of Congress and
that remedial legislation be requested. All
such mistakes could be corrected and much of
the error in the enrollment work made right
by a readjudication on existing records of
till cases acted upon after February 1,
1907, action to be based solely on the
merits of the same.
Note.—The statement appearing above
concerning "the third error" is not based
upon positive official information. It was
positively asserted, however, by the
attorney for the applicants that the right
of the children was adjudicated in 1896
solely with respect to the Indian ancestry
of the father. This allegation is supported
inferentially by n statement in the decision
of the Commissioner to the Five Civilized
Tribes of June 29, 1906.
Lasley, Tobe (minor).
Creek by blood. Files: Part III, Exhibit F,
report March 3, 1909. Mr. Tiger, son of the
principal chief of the Creek Nation and
official interpreter at Holdensvllle, says
there is a full-blood Creek about 20 years
old (in 1908) who has never been enrolled
and who has received no land. The people
with whom he lives say that his name was
omitted from the rolls because of neglect on
the part of those who looked after him, lie
was born in the Creek Nation and has always
resided there.
Number of claimants in this memorandum, 1.
Lasley, Tustunnugga
Creek by blood. The case of this claimant
was presented to the department February 11,
1910, by the principal chief of the Creek
Nation and his interpreter with the
information that Lasley is a full-blood
Creek and the nephew of one Kizzie Thompson,
who is the wife of Micco Hutkey, alias Ben
Thompson. The name of Kizzie Thompson
appears in its proper place in this list on
a separate sheet. The name of Sampson Lewis
was also given in connection with the above.
Number of claimants In this memorandum, 2.
Lee, Robert.
Mississippi Choctaw.
Number of claimants, 1.
Lewis (or Lamis or Gamis), Ellis.
Going, James.
Istichi, Silla
Choctaws by blood. Files: Memorandum of
statement by Mr. Peter Hudson, special
Indian agent, Hugo, Okla., November 12,
1908, (See Pt. I, Ex. F, report Mar. 3,
1909.) Mr. Hudson says that he obtained his
information concerning these persons by
letter of October 27, 1908, from Mr. Hicks
and by letter of October 23, 1908, from
Dixon Tomhka. According to the information
thus obtained James Going and Ellis Lewis
died in the penitentiary April 18, and May
15, 1903, and Silla Istichi at Eagleton
January 17, 1903. He says that probably all
of these people were full bloods. They were
living on and after September 25, 1902, as
required by the Choctaw-Chickasaw
agreements.
Number of claimants in this memorandum, 3.
Lewis, Jefferson (weak minded).
Choctaw by blood. Files: Memorandum of
statement of Mr. Samuel Jones, Indian
policeman and interpreter, at district
agent's office. Hugo, Okla.. made November
12, 1908, with Part I, Exhibit F, report
March 3, 1909. Having met with an accident
this man was mentally unbalanced and
incompetent and roamed through the country.
For a time he was cared for by Mr. Jones,
referred to above. The man was also known to
Mr. Tom Hunter and other persons of the
locality. Lewis was probably a full-blood
Choctaw. He died in February, 1903, or 1904.
at the home of Isaac Coles, having survived
the date of September 25, 1902, as required
by law in order to be entitled to
enrollment. There seems to be no doubt of
his right to enrollment and of the right of
his heirs to an allotment in his name.
Number of claimants in this memorandum, 1.
Leard, James T. (C-11: 7-2657). Hugo,
Okla.
Choctaw by marriage. File: Part I of report
of March 3, 1909. This applicant, a white
man, was married to Cora Leard (nee
McCarty), Choctaw roll by blood, No. 7704,
on June 10, 1874, and has since that time
been a resident and recognized as a citizen
of the Choctaw Nation. His name is on the
tribal rolls of 1885 and 1896. He was denied
by the commission in 1896 on appeal was
admitted by United States court, and was
denied by the Choctaw and Chickasaw
citizenship court. Under the opinion in the
Loula West case his case was reconsidered by
the commission; he was enrolled by decision
and his name placed on a schedule of
intermarried citizens, but this enrollment
was disapproved by the department March 2,
1907, under the opinion of the Attorney
General in Loula West case, rendered in
February. 1907, on the question of
jurisdiction of the department to enroll
persons after their denial, even though
wrongful, by the citizenship court. He
should be granted relief, as he is stricken
off the rolls on a technicality.
Number of claimants in this memorandum, 1.
Lewis, Sampson (minor).
Creek by blood. Files: Part III. report
March 3, 1909. This boy is now about 18 or
19 years of age. His father died about 11 or
12 years ago. His mother died at his birth.
Both parents were full-blood Creeks. The boy
was left in care of an uncle, who says he
thought application had been made for his
enrollment, but upon inquiry he found that
no application had been made for him and
that it was then too late to file one. The
examiner who investigated this case states:
"The applicant from appearance is about the
age of 19 years and is unquestionably a
full-blood Creek citizen. Through the
interpreter he speaks Creek fluently.
Appears to be unable to speak or understand
English."
Number of claimants in this memorandum, 1.
Lewis, Sina (minor).
Choctaw by blood. Files: Part IV. Exhibit F,
report March 3, 1909. It is alleged that
this child is a full-blood Indian, and that
she is or was an Inmate of the Murrow Indian
Orphan Home, near Coalgate, Okla. The
records of the Commissioner to Five
Civilized Tribes fail to show that any
person of this name was ever enrolled.
Number of claimants in this memorandum, 1.
Liggins, Sephus.
Liggins, Roberta.
Choctaw freedmen. Files: Report of November
15, 1907, from Commissioner to Five
Civilized Tribes. Applications for the
enrollment of these children appear to have
been received at the post office in
Muskogee, Ind. T.. on December 25, 1902, and
at the office of the Commission to the Five
Civilized Tribes on December 26, 1902. There
is, however, a note placed upon the
applications for the enrollment to the
effect that they were "received December 25,
1902," but the question as to whether or not
they were received within the time limited
by the act of July 1, 1902, was never
determined by the commission. They sire the
minor children of Ella Butler, whose name
appears opposite No. 727 upon the approved
roll of Choctaw freedmen; they were born
July 12, 1900, and April 26, 1902,
respectively, and were living September 25,
1902.
Number of claimants on this memorandum, 2.
Linn, William.
Cherokee by blood. Files: Report, Acting
Commissioner to the Five Civilized Tribes.
January 13, 1910. addressed to Hon. J.
George Wright. This name was included in a
blanket application made for the enrollment
of persons found on the 1896 roll on June
30, 1902, and this application was dismissed
for the reason that no information could be
obtained showing that he was living on
September 1, 1902. It appears that this
information has subsequently been secured.
Number of claimants in this memorandum, 1.
Long, Josephine LaFlore.
Long, Jake Laflore.
Choctaw by blood. Indian Office files,
30020-1009. Department flies. 5-51. These
claimants are the children of Forbes Long,
whose name appears on the approved roll of
citizens by blood of the Choctaw Nation
opposite No. 19065, having been placed
thereon pursuant to an opinion rendered by
the Assistant Attorney General for the
Interior Department, February 19, 1906 (21
A. A. G.. 394). March 1, 1907, in supposed,
but really in mistaken, compliance with an
opinion rendered by the Attorney General of
the United States, February 10, 1907, the
name of their father was stricken from the
approved rolls by the Secretary.
Subsequently his name was restored to the
approved rolls, following the decision of
the Supreme Court, of November 30, 1908, in
the Goldsby case (211 U. S., 249). The case
of the children differs from that of their
father only in that being "new-born"
citizens their names were placed upon a
separate schedule, which was disapproved
when received by the Secretary, without
prior favorable action thereon. These
children, as a matter of right, are entitled
to the same citizenship status us their
father Number of claimants in this
memorandum, 2.
Love, Willis (Intermarriage).
Love, Frank (blood).
Brown, nee Love, Hattie (blood).
Brown, Leo (blood, minor).
Brown, Carl (blood, minor).
Brown, Lorena (blood, minor).
Franklin, nee Love, Fannie (blood).
Greenup, nee Love. Sarah (blood).
Love, Ruth (blood, minor).
Choctaws by blood and intermarriage. Files:
Part III. report March 3. 1!K)0. The rights
of Willis Love and his children and
grandchildren, named above, are dependent
upon the Indian blood of his wife. Lorena
Love, nee Frazier or Flish. From the
statements of persons who appear to be
reputable and well informed it appears that
the said Lorena Love is the daughter of
full-blood Choctaws who lived and died in
the Choctaw Nation, Ind. T.; that she left
an orphan and reared in said nation by
persons who adopted her; and that she was
schooled at Bluefield Seminary, Chickasaw
Nation, where only Chickasaw and Choctaw
children were admitted. There may be some
question because of lack of tribal
enrollment. But the objection might be
removed, perhaps, by examination of the 1874
roll, which was not delivered to the
department until 1908, or explained by the
fact that she was left an orphan. The family
has not lived continuously in the Choctaw
Nation, but this is not necessarily a fatal
defect. The seeming equities are so strong
that the applicants should be heard on the
merits of the case, notwithstanding the
jurisdictional act of May 31, 1900.
Number of claimants in this memorandum, 9.
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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