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Cheeks By Blood
[Act of Mar. 1, 1901, 31 Stat., 861, and June 30, 1902, 32 Stat., 600.]
Chimhoker Mully, Mitchely Mully, Barney Mully, Simon Mully, case No. I-3172.
April 26, 1907, Chimhoker Mully appeared before the Commissioner to the Five Civilized Tribes and gave testimony in connection with the right to enrollment as citizens by blood of the Creek Nation of herself and children, Mitchely, Barney, and Simon Mully, all full-blood Creek Indians. It developed that Chimhoker Mully was identified upon the 1895 Creek pay roll, Ketchapataka Town, as Chimhoka, but that her enrollment upon said roll had previously been accepted, through error, as that of one Wattey Yahola, whose name appears upon the approved roll of Creek Indians opposite No. 2416. It was also found that her children above named, who are also identified on said roll, were listed for enrollment by the Commission to the Five Civilized Tribes on May 23, 1901, as Mitchell, Barney, and Simon Wiker, and that on February 20, 1907, the commissioner dismissed the application for their enrollment, no information having been received to show whether or not they were living and entitled to enrollment on April 1, 1899. The names of these persons also appear upon the 1890 authenticated roll of citizens by blood of the Creek Nation, on page 133, Ketchapataka Town, as Chimarhokee, Majaila, Parma, and Sarma. The evidence shows that these people have lived continuously all of their lives in the Cherokee Nation (among a band of Creek Indians who settled in the Cherokee Nation about the time of the outbreak of the Civil War) and that they have never been enrolled or recognized as citizens of any tribe of Indians other than the Creek.
[Act of Apr. 26, 1906. 34 Stat., 137.]
Sallie Foster, Creek NB.. No. 370.
June 19, 1906, application was made to the Commissioner to the Five Civilized Tribes for the enrollment of Sallie Foster, born January 17, 1905, as a citizen by blood of the Creek Nation under the act of April 20, 1900. Said Sallie Foster is a child of Noah Foster, whose name was identified upon the approved roll of Creek Indians opposite No. 477, and Jennatta Foster, February 27, 1907, the commissioner rendered his decision, denying the application for the enrollment of said child for the reason that sufficient information was not secured to determine whether or not said Jennatta Foster was a Creek citizen or whether or not she and Noah Foster were married. Said decision was on that date forwarded to the department, March 4, 1907, the parents of this child appeared before the commissioner and gave testimony in the matter of its enrollment, from which it was found that the child’s mother is enrolled upon the approved roll of Creek citizens opposite No. 3907 as Jenette Johnson, and on that day the commissioner wired the department as follows:
“Referring to Creek new born case on Sallie Foster, transmitted on February twenty-seven, nineteen hundred seven, together with decision denying for insufficient evidence, the parents of said child have this evening appeared, and from their testimony mother is identified as Jennette Johnson, opposite Creek Indian roll No. thirty-nine hundred seven. I therefore recommend that name of said Sallie Foster be this day placed upon Creek new-born schedule and approved. Child one year old, Sex, female: blood, full; card No. three hundred seventy.”
Fearing that the telegram would reach the department too late, the commissioner wired his employee then in Washington, calling his attention to the telegram, Which was quoted him, in order to secure, if possible, the enrollment of this child. The telegram probably not having reached the department until after March 4, 1907, the department on that date (I. T. D., 7830-1907) affirmed the commissioner’s decision.
Robert Bullocks, Creek freedmen new born.
The mother of Robert Bullocks is Serena Bullocks, who, with her other children Bessie Harris, Minnie, Vincent, and Lou Willie Bullocks, were first enrolled as Chickasaw freedmen, opposite Nos. 1003, 1004, 1095, and 1700 respectively, upon a schedule of Chickasaw freedmen approved by the department December 12, 1902. The name of Robert Bullocks appears upon a schedule of Chickasaw freedmen approved by the department October 15, 1903, opposite No. 4318. Serena Bullocks have herself and children enrolled as Creek freedmen. Commissioner Bixby transmitted to the department on October 28, 1905, the record of proceedings had in the matter of their application for enrollment as Creek freedmen, and expresses the opinion that they were clearly entitled to enrollment as Creek freedmen, recommended that their enrollment as Chickasaw freedmen be canceled and stated that when such action was taken “a decision enrolling them as Creek freedmen will be rendered.” He also stated that there was at the time of his report, no authority of law for the enrollment of the minor child, Robert Bullocks, as a citizen of the Creek Nation, and recommended that his enrollment at No. 4318 upon the final roll of the Chickasaw freedman be permitted to stand. Forwarding the report to the department on September 14, 1906 (Land, 88437-1906), the Commissioner of Indian Affairs concurred in the recommendation of Commissioner Bixby. October 31, 1906 (I.T.D. 73898-1906, the department remanded the case to the commissioner for readjudication in accordance with the law existing at that time. January 21, 1907, the commissioner again forwarded the record to the department and concluded his report as follows:
“If the said Robert Bullocks was living March 4, 1906, then he is a person entitled to make application for enrollment under the provisions of said section (2 of act of Apr. 26, 1906), and in my opinion his application made August 22, 1902, should be considered as a continuing application requiring action thereon in the light of said section 2 of the act of April 26, 1906.
“I have there fore notified the mother of said Robert Bullocks, who is a minor, that if she desires that said Robert Bullocks to be enrolled as a Creek freedman, it is imperative that she immediately furnish proof that he was living March 4, 1906. In the event that such proof is furnished, I will prepare and transmit a decision similar to the decision transmitted herewith, containing an order canceling his enrollment as a Chickasaw freedman, and will also transmit with said decision a separate schedule containing the name of Robert Bullocks.
In the event such proof is not furnished and he is not enrolled as a Creek freedman, his enrollment as a Chickasaw freedman should of course be allowed to stand.
In forwarding the report to the department the Indian Office, on February 21, 1907 (Land, 9286-1907), concurred in the recommendation of the commissioner, and on February 27, 1907 (I.T.D. 4732-1907), the department approved the enrollment of Serena Bullocks, Bessie Harris, Minnie Vincent and Lou Willie Bullocks as Creek freedmen, and granted authority for the cancellation of their names from the roll of Chickasaw freedmen. Their names appear upon the final roll of Creek freedmen opposite Nos. 5694 to 5697, inclusive.
From affidavits executed by Serena Bullocks, February 8, 1907, and Mary Bullocks, February 9, 1907, it is shown that said Robert Bullocks was born September 19, 1901, and was living on March 4, 1906. These affidavits apparently reached the commissioner to late to report the case to the department and secure enrollment of this chile as a Creek freedman, newborn and have his name stricken from the Chickasaw freedmen roll. Before this child is enrolled as a citizen of the Creek Nation proper authority should be secured for the cancellation of his name at No. 4318 from the approved roll of Chickasaw freedmen. No application for the selection of an allotment of land in the Choctaw or Chickasaw Nation for said Robert Bullocks has been made.