Dawes Commission. No. 1358. United States court. No. 109. Citizenship court. No. 130-T.
Frances E. Husbands, the principal applicant herein, was admitted as a Choctaw Indian by blood, together with all her children and grandchildren, by the Dawes Commission in 1896. Appeal was taken from the decision of the commission to the United States court in the case of Frances E. Husbands, claimant herein, only. The judgment of the commission was confirmed by the United States court and she was adjudged a citizen by blood of the Choctaw Nation. The judgment of the United States court was vacated by the decree of the citizenship court. All of claimant’s children and grandchildren, as will hereafter appear, are enrolled on the finally approved rolls of the Choctaw Nation as citizens by blood, deriving their blood from their mother, Frances E. Husbands, who was not enrolled, and who is the applicant herein.
September 9. 1890. Original application filed for admission of Frances E. Husbands and her children:
A. P. Mathews (son by first husband), T. J. Husbands: Mrs. N. H. Taylor and her grandchildren, Frances G. Mathews, Florence S. Blanton, Steven A. Hail, W. B. Taylor, S. E. Taylor as citizens by blood of the Choctaw Nation.
December 8, 1896. Commission rendered its decision admitting all of said applicants as citizens by blood of the Choctaw Nation. From the decision of the commission appeal was taken to the United States court, central district. Indian Territory, as to the principal applicant, Frances E. Husbands, only. No appeal was taken as to the other applicants.
January 18, 1898. Decree was entered in the United States court decreeing Frances E. Husbands a citizen of the Choctaw Nation by blood.
December 17, 1902. Decree of the United States court admitting applicant, Frances E. Husbands, as a citizen of the Choctaw Nation by blood vacated by decree of the citizenship court in “test case.” Record certified to citizenship court for trial de novo.
October 20, 1904. Decree of citizenship court denying claimant, Frances E. Husbands, enrollment as a citizen of the Choctaw Nation by blood. The record evidence shows that Frances E. Husbands is a Choctaw by blood, who came originally from Mississippi; that she is the granddaughter of Frances Cobb, a full-blood Choctaw woman, who married a white man by the name of Teel, and the daughter of Susan Teel, who married a white man by the name of Benson: and that applicant has lived continuously in the Choctaw Nation since 1888.
It appears from the record that the following-named persons, children and grandchildren of Frances E. Husbands, are enrolled on the final approved rolls of the Choctaw Nation as citizens by blood, all of whom claim their right to enrollment through her:
16219, Nancy H. Taylor (daughter of applicant); 16220, Willie B. Taylor; 16221, Sarah E. Taylor; 16222. Stephen A. Hale (grandson); 16223, Thomas J. Husbands (son); 16224, Johnie M. Husbands; 26225, James Alexander Husbands; 16226, Sarah Malissa Husbands; 15353, Frances Davenport (granddaughter); 15354, John Davenport; 15355, Clarence G. Davenport; 15356, Arthur Davenport; 15357, Robert Davenport; 15358, Florence S. Davenport (granddaughter); 14359, Leslie Davenport; 15360, Ida Myrtle Davenport.
This is an illustration of the work of the citizenship court. Applicant, Frances E. Husbands, was enrolled by the commission in 1896, by judgment of the United States court in 1898, and rejected by the citizenship court. Her children and grandchildren were enrolled by the commission because of her blood, and their enrollment was approved by the Secretary. They are thus citizens of the Choctaw Nation and have received their property rights, while the mother, from whom they all derived their rights, is barred by reason of a decision of the Choctaw-Chickasaw citizenship court. Such discrimination is unconscionable and can not be condoned. The applicant, Frances E. Husbands, is entitled to enrollment.
(One in all.)
Ballinger & Lee.