Choctaw Proceedings

DEPARTMENT OF THE INTERIOR
COMMISSIONER TO THE Five Civilized Tribes


In the matter of the application for the enrollment of William B. Brown, et al.,
as citizens of the Choctaw Nation, consolidating the applications of
William B. Brown, et al. 7-5096
William N. Brown, et al. 7-5060
Eli W. Brown, et al. 7-D-432
Caswell M. Brown, et al. 7-5066
Andrew J. Peck, et al. 7-5062
George G. Brown, et al. 7-5095
James B. Nichols, et al. 7-5100
John W.B. Nichols, et al. 7-5097
Orin M. Nichols, et al. 7-5061
Osa Nichols, et al. 7-D509

DECISION.

It appears from the census card records in this case that on September 22, 1898,
application was made to the Commission

To the Five Civilized Tribes for the enrollment of William B. Brown (sixty-one years of age)
, as a citizen by intermarriage of the Choctaw Nation, and for the enrollment of his
two children, Nancy A. Brown (twenty-three years of age) and Bettie Brown, now McCarty
nineteen years of age), as citizens by blood of said nation: on September 22, 1898, for
the enrollment of William B. Brown (thirty nine years of age) and his seven minor children,
Sarah Brown, now Johnston (eighteen years of age), Becky Brown (sixteen years of age),
Mary Brown, now Johnston (thirteen years of age), Mamie (or Minnie) Brown, now Hudson
(eleven years of age), Alice Brown (eight years of age), George Brown (five years of age),
and Susie Brown (one year of age), as citizens by blood of the Choctaw Nation, and for the
enrollment of Nancy Brown (thirty six years of age) as a citizen by intermarriage of said
nation: on September 5, 1899, for the enrollment of Eli W. Brown (twenty eight years of age)
as a citizen by intermarriage of the Choctaw Nation: on September 22, 1898, for the
enrollment of Caswell M. Brown ( thirty four years of age), and his two minor children,
Maudie (ten years of age) and Willis Brown (six years of age), as a citizen by blood of the
Choctaw Nation, and on October 18,1898, for the enrollment of his wife, Amanda Brown
(thirty one years of age), as a citizen by intermarriage of said nation; on September 22,
1898 , for the enrollment of Andrew J. Peck (thirty two years of age), as a citizen by
intermarriage of the Choctaw Nation, and for the enrollment of his wife , Polly A. Peck
(thirty years of age), and his five minor children, Florence (nine years of age), Oscar
(seven years of age), Benjamine C. (five years of age), Andrew (three years of age),
and Otis Dewey Peck (two months of age), as citizens by blood of said nation:
on September 22,1898, for the enrollment of George G. Brown (twenty six years of age),
and his minor daughter, Willie Emma Brown (three years of age), as citizens by blood
of the Choctaw Nation, and for the enrollment of his wife, Sarah Brown (twenty one years of
age), as a citizen by intermarriage of said nation: on September 22, 1898, for the enrollment
of James B. Nichols (forty eight years of age),and his two minor children, Della May Nichols,
now Scott(fourteen years of age), and Nancy V. Nichols (seven years of age), as citizens by
blood of the Choctaw Nation, and for the enrollment of his wife, Nancy C. Nichols
(forty two years of age), as a citizen by intermarriage of said nation: on September 22, 1898)
for the enrollment of John W.B. Nichols (twenty four years of age) as a citizen by
of the Choctaw Nation, and for the enrollment of his wife, Bessie Nichols
(eighteen years of age), as a citizen by intermarriage of said nation: on September 22,1898,
for the enrollment of Orin M. Nichols (forty four years of age), and his four minor children,
James W.(Eighteen years of age), Maggie M.(Twelve years of age), Mettie Myrtle (eight years of
age), and Lonie A. Nichols (four years of age), as citizens by blood of the Choctaw Nation,
and for the enrollment of his wife, Amanda M Nichols (thirty eight years of age), as a
citizen by intermarriage of said nation: and on September 25,1899, for the enrollment of
Osa Nichols (seventeen years of age), as a citizen by intermarriage of the Choctaw Nation.

Applications were subsequently made for the enrollment of the minor applicants as
citizens by blood of the Choctaw Nation: on January 20,1902, for the enrollment
of Mary Ethel McCarty (born December 8, 1901): on May 31, 1906, for the enrollment of
William A. McCarty (born April 21, 1904) and Ollie McCarty (born February 14, 1906);
on October 13, 1900, for the enrollment of William Herman Johnston (born June 30, 1900);
on October 19, 1900, for the enrollment of Minnie Gertrude Brown (born August 13, 1900);
on May 16, 1901 for the enrollment of Fannie C. Brown (born February 11,1901);
on April 29, 1905, for the enrollment of Oscar Lee Johnston (born November 14, 1902);
on April 29, 1905, for the enrollment of Willie Clarence Brown (born April 8, 1903);
on July 12, 1902, for the enrollment of Henry Niten Brown (born May 21, 1902);
on April 29, 1905, for the enrollment of Roy Lester Johnston (born October 28, 1903);
on May 21, 1906 , for the enrollment of Edna Arvel Johnston
(Born March 21, 1905); on April 14, 1905, for the enrollment of Rubie Dill Brown
(born February 12, 1904); in 1899; for the enrollment of Elbert Knightington Brown
(born October 8, 1899); on April 7, 1905, for the enrollment of Annie Jewell Brown
(brown December 2, 1902); on December 10, 1901, for the enrollment of Virgie Peck
(born October 11, 1901); on April 8, 1905, for the enrollment of Prebble Peck
(born February 19, 1904); on May 21, 1906, for the enrollment of Cassie Brown
(born May 30, 1900) and Goldie Brown (born September 5, 1904); on April 17, 1905,
for the enrollment of Nema May Scott (born May 15, 1905)and Lita Lois Scott
(born February 1, 1906); on September 1, 1900, for the enrollment of
Louie Herman Nichols (born august 19, 1900); on December 27, 1901,
for the enrollment of Golda Ula Nichols (born September 15, 1901); on April 1, 1905,
for the enrollment of Sylvia jewel Nichols (born August 26, 1903); on April 1905,
for the enrollment of Cora Lee Nichols (born November 6, 1902); on April 6,1901,
for the enrollment of Daphne Myrtle Nichols (born February 20, 1901); and for the
enrollment of Teddy Golden Johnston (born June 15, 1905).

It appears from the records of the Commission to the Five Civilized Tribes that on September 9,
1896, in the case entitled "Nancy Cooper, et al. Vs. Choctaw Nation"
(1896 Choctaw Citizenship Docket, Case No 1418), original application was made to said
Commission, under the provisions of the Act of Congress approved June 10,1896
(20 Stats, 321), for admission to citizenship in the Choctaw Nation of the applicants,
Nancy A. Brown (as Nancy Alice Brown), Bettie McCarty (as Rebecca Elizabeth Brown).
William N. Brown (as William Niten Brown). Sarah Johnston (as Sarah Elizabeth Brown),
Becky Brown (as Rebecca Catherine Brown), Mary Brown (as Mary Arrillie Brown),
Mamie (or Minnie Hudson (as Minnie Ann Brown), Alice Brown, George Brown
(as George Montgomery Brown), Caswell M. Brown, Maudie Brown (as Mandy E. Brown),
Willie Brown (as William G. Brown), Polly A. Peck (as Polly Ann Peck), Florence Peck
(as Minnie F. Peck), Oscar Peck (as Oscar S. Peck), Benjamine Peck (as Benjamine G. Peck),
Andrew Peck, George G. Brown, Willie Emma Brown, James B. Nichols (as James Bruten Nichols),
Della Mae Scott (as Mary Della May Nichols), Nancy V Nichols (as Mannie Velma Nichols),
John W. B. Nichols (as John William Buthuel Nichols), Orin M. Nichols
(as Orrin Maybery Nichols), James W. Nichols (as James Willis Nichols),
Maggie M. Nichols (as Maggie May Nichols), Mettie Myrtle Nichols, Lonie A. Nichols
(as Lonie Alta Nichols), as citizens by blood of said nation, and for the admission
of William B. Brown, Nancy J. Brown (as Nancy Jane Brown), Amanda Brown, Andrew J. Peck ,
Sarah Brown, Nancy C. Nichols (as Nancy Caroline Nichols), and Amanda Melvina Nichols),
as citizens by intermarriage of said nation; and that on December 8, 1896,
said Commission rendered its decision therein, denying the application of the
above named applicant for enrollment for enrollment as citizens of the Choctaw Nation.

From this decision of said Commission an appeal was taken to the United States court for
the Southern district of Indian territory, which court on December 27, 1897,
in the case entitled "Nancy J. Cooper, et al. Choctaw Nation" (southern District citizenship
Case No. 96). Admitted Nancy Alice Brown, Bettie McCarty (as Bettie Brown), Sarah Johnston
(as Sarah Brown), Becky Brown, Larry Brown, Mamie (or Minnie) Hudson (as Minnie Brown),
Alice Brown, George Brown, Susie Brown, Caswell M. Brown (as Caswell Marion Brown),
Maudie Brown, Willie Brown, Polly Ann Peck, Florence Peck, Oscar Peck, Benjamine Peck
(as Benjamine Grant Peck), Andrew Peck, George G. Brown, Willie Emma Brown, James Burton
Nichols, Della May Scott (as Della May Nichols), Nancy Velmer Nichols, James Willie Nichols,
Maggie May Nichols, Mettie Myrtle Nichols, Lonie Alta Nichols, as citizens by blood of
the Choctaw Nation, and William B. Brown (as William Buford Brown),Andrew Jackson Peck,
Nancy Caroline Nichols, as citizens by intermarriage of said nation,
and denied the applications for the admission of Nancy Jane Brown, Sarah Brown and
Amanda Melvina Nichols, as citizens by intermarriage of the Choctaw Nation.
The name of the applicant Susie Brown was interpolated in the judgement of said court,
she not having been an applicant before the commission of the Five Civilized Tribes in 1896

On March 18, 1898, said case again came before said court upon a motion of the plaintiffs'
attorneys to correct the judgement of said court rendered December 20, 1897, and the court,
thereupon, ordered said judgement corrected so as to admit the applicants, Nancy Jane Brown,
Sarah Brown, Amanda Melvina Nichols, as citizens by intermarriage of the Choctaw Nation.

On September 28, 1898, said court rendered a supplemental judgment
admitting Amanda Brown as a citizen by intermarriage of the Choctaw Nation.

On January 17, 1900, this cause again came before said court upon a motion of the
defendant to strike out of the judgment thereto fore rendered, certain names improperly
admitted to citizenship, and said court being fully advised, ordered that the following names,
Susie Brown, Andrew J. Peck (as Andrew Jackson Peck), Bettie McCarty (as Bettie Brown,
and Becky Brown, be stricken from said former judgment.

Subsequently, upon the representation of the plaintiffs attorneys that certain persons
who were original applicants were by oversight or mistake left of the original
judgement thereto fore rendered, the court ordered the applicants, Nancy Jane Brown,
Sarah Brown, Amanda Brown, Amanda M. Nichols and Rebecca E. Brown be admitted to citizenship
in the Choctaw Nation.

It further appears from the records of said Commission that on December 17, 1902,
the Choctaw and Chickasaw Citizenship Court, created under the provisions of the Act of
Congress approved July 1, 1902 (32 Statsl. 641), "set aside, annulled, vacated and held
for naught" the aforesaid judgment of the United States Court for the Southern District of
Indian Territory.

Thereafter, the record in the above case was certified to the Choctaw and Chickasaw
Citizenship Court, for a trial de novo. Which court, on November 19, 1904, in the
case entitled, "William Neighton Brown, et al. Vs. Choctaw and Chickasaw Nations"
(Choctaw-Chickasaw Citizenship Court Case No. 73, Tishomingo Docket), "ordered, adjudged
and decreed that the petition of the plaintiffs, William Neighton Brown
(or William Knighton Brown), Caswell Marion Brown, Polly Ann Peck (nee Brown),
George R. Brown (or George G. Brown), Noney Alice Brown, Sarah Brown, Mary Brown,
Mamie Brown, Alice Brown, George Brown, Maudie Brown, Alice Brown, George Brown,
Monie Brown (or Maudie Brown), Willie Brown, Florence Peck, Oscar Peck, Benjamine Grant Peck,
Andrew Peck, William Emma Brown, (or Willie Emma Brown),
................ James Burton Nichols, Oney Maybery Nichols (or Orin Maybery Nichols),
John William Buford Nichols, Della May Nichols, Nancy Velmer Nichols, James Willis Nichols,
Maggie May Nichols, Myrtle Nichols, Lonie Alta Nichols, ...William Buford Brown,
Nancy Caroline Nichols, Rebecca E. Brown (or Becky Brown), Rebecca C. Brown,
Amanda Melvina Nichols, Amanda Melvina Nichols, Amanda Brown, Nancy Jane Brown,
and Sarah Brown be denied, and that they be declared not citizens of the Choctaw
Nation, and not entitled to enrollment as such citizens, and not entitled to any
rights whatever flowing therefrom."

On December 12, 1904, orders were entered of record by the Commission to the Five
Civilized Tribes dismissing the applications for the enrollment of Mary E. McCarty,
William Erman Johnston, Minnie Gertrude Brown, Henry Niten Brown, Elbert Knightington Brown,
Otis Dewey Peck, Virgie Peck, Louis Herman Nichols and Golda Ula Nichols as citizens
by blood of the Choctaw Nation, and on March 18,1905, an order was entered of record
dismissing the application for the enrollment of Fannie C. Brown as a citizen by blood
of said nation. All of said applicants were dismissed for the reason that their parents,
through whom they claim their rights to enrollment as citizens by blood of the Choctaw Nation,
had been denied by a decree of the Choctaw and Chickasaw Citizenship Court.

On December 12, 1904, orders were entered of record by the commission to the
Five Civilized Tribes dismissing the applications for the enrollment of Eli W. Brown,
Bessie Nichols and Osa Nichols as citizens by intermarriage of the Choctaw Nation,
for the reason that the persons through whom they claim their rights had also been
denied by a decree of the Choctaw and Chickasaw Citizenship Court.

On March 30, 1905, the Commission to the Five Civilized Tribes denied the a
application for the enrollment of Susie Brown as a citizen by blood of the Choctaw Nation,
and on April 6, 1906, (I.T. D. 3810-1905), the Department set aside said decision of the
commission and returned the record to this office for a full investigation upon its merits.

Under the regulations adopted by the commissioner to the Five Civilized Tribes
of January 2, 1906, there was filed on February 6, 1906, by Cruce, Cruce and Bleakmore,
of Ardmore, Indian Territory, attorneys for the petitioners, petitions praying that
William B. Brown, Nancy A. Brown, Minnie Hudson, Sarah Johnston, Oscar Lee Johnston,
William Erman Johnston, Rebecca Brown, Minnie Gertrude Brown, Henry Niten Brown, Rubie
Dill Brown, Eli W. Brown, Mary A. Johnston, Roy Lester Johnston, Edna A. Johnston,
Rebecca McCarty, William A. McCarty, Mary E. McCarty, William N. Brown Nancy Jane Brown,
George Brown, Alice Brown, Susie Brown, Cletus Brown, Clarence Brown, A. J. Peck,
Polly Ann Peck, Minnie Peck, Oscar Sherman Peck, Benjamine Grant Peck, Andrew Peck,
O. D. Peck, Virgie Peck, Prebble Peck, C. M. Brown, Amanda Brown, Maudy Brown,
William Brown, Elbert K. Brown, Annie Jewel Brown, George G. Brown, Sarah Brown,
Willie Emma Brown, Cassie Brown, Goldie Brown, J. B. Nichols, Nancy Nichols,
Delma Nichols, John W. B. Nichols, Bessie Deaton Nichols, Louie Herman Nichols,
Golda Eula Nichols, Silva Jewel Nichols, Della May Scott, Noma Scott, Orin M. Nichols,
Amanda Nichols, Myrtle Nichols, Lonie Nichols, James W. Nichols, Osa Nichols,
Cora Lee Nichols and Maggie Angel be enrolled as citizens of the Choctaw Nation.

All of the above petitioners, with the exception of Ollie Lee McCarty,
Lita Lois Scott, Daphene Myrtle Nichols and Teddy golden Johnston, are identical
with the applicants for whom application has been made for the enrollment as citizens
of the Choctaw Nation.

On April 16, 1906, the principal petitioners, their attorneys, Cruce, Cruce,
& Bleakmore, of Ardmore, Indian Territory, and Mesers, Mansfield, McMurray & Cornish,
attorneys for the Choctaw and Chickasaw Nations, of South McAlester, Indian Territory,
were advised that the Commissioners to the Five Civilized Tribes would at his office at
Muskogee, Indian Territory, on Monday May 14, 1906, at nine o'clock A. M., hear such
testimony and receive such other evidence as might be submitted by the petitioners in
support of their applications for enrollment as citizens of the Choctaw Nation,
and by the attorneys for the Choctaw and Chickasaw Nations.

On April 16, 1906, William N. Brown, father of Susie Brown, Cruce, and Cruce & Bleakmore,
attorneys for said Susie Brown, and Mansfield, McMurray & Cornish, attorneys for the
Choctaw and Chickasaw Nations, were advised that on April 6, 1906, the Department
set aside the decision rendered by the Commission on March 30, 1905, and returned
the record in said case with instructions that a full investigation be made of the rights
of said Susie Brown to enrollment as a citizen by blood of the Choctaw Nation: that
the testimony or creditable witnesses be required showing her Choctaw blood, if any,
the time and place of her birth, her various residences, her ancestors, the privileges,
if any, enjoyed by her and her parents as citizens of the Choctaw Nation; and notified
that the commissioner to the five Civilized Tribes would at his office at Muskogee,
Indian Territory, on Monday, May 14, 1906, at nine o'clock A. M., hear such
testimony and receive such other evidence as might be submitted in support of said
application, investigation to be conducted along the lines indicated by Departmental
letter above referred to.

On May 21, 1906, proceedings here had in the matter of said applications
in pursuance to the notices above mentioned. William N. Brown, Caswell M. Brown,
Polly Ann Peck, George G. Brown, Nancy A. Brown and Bettie McCarty,
are the children of the principal applicant, William B. Brown and Rebecca Cooper
(now deceased, who is alleged to have been a Choctaw Indian, and the daughter of
William Cooper, who was the son of Johny Cooper, an alleged Choctaw Indian,
who resided near the line between the states of Tennessee and Mississippi;
that Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson,
Alice Brown, George Brown, Susie Brown, Fannie C. Brown and Willie Clarence
Brown are the children of the applicants. William n. Brown and Nancy J. Brown,
(the latter an applicant for intermarried rights); that William Erman, Oscar Lee and
Teddy Golden Johnston are the children of the applicant, Sarah Johnston, and J. A.
Johnston, a non citizen; that Minnie Gertrude, Henry Niten and Rubie Dill Brown are
the children of the applicants, Becky Brown and Eli W. Brown, (the latter an applicant
for the intermarried rights); that Florence, Oscar, Benjamine, Andrew, Otis Dewy,
Virgie and Prebble Peck are the children of the applicants Polly Ann Peck and Andrew J
Peck (the latter an applicant for intermarried rights); that Mary Ethel,
William A. and Ollie Lee McCarty are the children of the applicants, Bettie McCarty,
and Oliver McCarty, a non citizen; that James B. Nichols and Orin M. Nichols
are the children of Wilson Nichols (now deceased), a non citizen, and Delitha Cooper
now deceased), who is alleged to have been a Choctaw Indian and the daughter of John Cooper,
above referred to; that John W. B. Nichols, Della May Scott and Nancy V. Nichols
are the children of the applicants, James B. Nichols and Nancy C. Nichols
(the latter an applicant for intermarried rights0; that Louis Herman,
Golda Ula and Sylvie Jewel Nichols are the children of the applicants,
John W. B. Nichols and Bessie Nichols (the latter an applicant for intermarried rights);
that Nema May and Lita Lois Scott are the children of applicants, Della May Scott,
and Burris Scott, a non citizen; that James W., Maggie M., Mattie Myrtle
and Lonie A. Nichols are the children of the applicants, Orin M. Nichols and Amanda
M. Nichols, (the latter an applicant for intermarried rights); and the applicants,
Cora Lee and Daphne Myrtle Nichols, are the children of the applicants,
James W. Nichols and Osa Nichols (the latter an applicant for intermarried rights).

The applicant, William B. Brown, claims his right to citizenship
in the Choctaw Nation by virtue of his marriage on February 10, 1838,
under the laws of the state of Arkansas, to Becky Cooper (now deceased);
that Nancy Brown claims her right to enrollment as a citizen by intermarriage
by virtue of her marriage to the applicant, William N. Brown, on September 21, 1879,
that Eli W. Brown claim's his rights to enrollment as a citizen by intermarriage
by virtue of his marriage on August 21, 1899, under the laws, customs and usage of
the Chickasaw Nation to the applicants, Becky Brown, both of said applicants being
at said time residents in good faith of the Chickasaw Nation: that Amanda Brown claims
her right to enrollment as a citizen by intermarriage by virtue of her marriage on
December 2, 1886 to the applicant Caswell M. Brown; that Andrew J. Peck claims
his right to enrollment as citizen by intermarriage by virtue of his marriage
on December 15, 1887, under the laws of the state of Arkansas to the applicant,
Polly A. Peck; that Sarah Brown claims her right to enrollment as a citizen by
intermarriage by virtue of her marriage to George G. Brown on June 9, 1895;
that the applicant, Nancy C. Nichols, claims her right to enrollment as a citizen
by intermarriage by virtue of her marriage to the applicant, James B. Nichols, on march 9,
1873; that the applicant, Bessie Nichols, claims her right to enrollment as a
citizen by intermarriage by virtue of her marriage of September 11, 1898, to
he applicant John W. B. Nichols; that Amanda M. Nichols claims her right to
enrollment as a citizen by intermarriage by virtue of her marriage on October 20, 1878,
to the applicant, Orin M. Nichols; and that Osa Nichols claims her right to enrollment
as a citizen by intermarriage by virtue of her marriage on April 27, 1899, to
the applicant, James W. Nichols.

It does not appear from the record herein or from the records in the
possession of this office that the applicant, Andrew J. Peck, has ever been
admitted to Choctaw citizenship by a duly constituted court or committee of the Choctaw
Nation, nor has said applicant ever been married to Polly Ann Peck, through whom he claims
his intermarried rights, by virtue of a license issued by tribal authorities of either
the Choctaw or Chickasaw Nation.

At the hearings before the Commissioner to the Five Civilized Tribes on May 21, 1906,
William N. Brown, Caswell M. Brown, James b. Nichols and Orin M. Nichols testified
that in 1894, they, together with the other applicants herein who were living at said time,
petitioned the Choctaw Council for admission as citizens of the Choctaw Nation; that no
action having been taken thereon, they in 1896, appeared before the Choctaw Census Roll,
and that some time in January 1897, the received a certificate from the Secretary of the
Choctaw Revisory Board, wherein it appeared that they had been rolled upon the 1896 Choctaw
Census Roll. Said applicants further testified that prior to 1896 they had been
permitted to issue permits for their tenants, hold lands, and were not subject to any
tribal tax which was due from all non citizens who were engaged in the mercantile
business.

On June 4, 1906, John H. Gamblin testified that he was acquainted with
the applicants herein, and that in October 1894, he having business before
the Choctaw Council, presented on behalf of the applicants herein who were
living at the time, a petition praying that they be admitted as citizens of the
Choctaw Nation, and that he does not know what action, if any was ever taken thereon.

Upon an examination of the tribal rolls of the Choctaw Nation in the possession
of this office, it appears that the applicants, William B. Brown, William N. Brown,
Nancy J. Brown, Caswell M. Brown, Amanda Brown, Polly Ann Peck, Andrew J. Peck, George G.
Brown, Sarah Brown, Nancy A. Brown, Bettie McCarty, Sarah Johnston, Becky Brown, Mary Johnston,
Mamie (or Minnie) Hudson, Alice Brown, George Brown, Susie Brown, Maudie Brown, Willie Brown,
Florence Peck, Oscar Peck, Benjamin Peck, Andrew Peck, James B. Nichols, Nancy C. Nichols,
Orin M. Nichols, Amanda M. Nichols, John W. B. Nichols, Della May Scott, Nancy V. Nichols,
James W. Nichols, Maggie M. Nichols, Mettie Myrtle Nichols, and Lonie A. Nichols, are
identified upon the 1896 Choctaw Census Roll opposite numbers, 1688, 1691, 1692, 1701,
1702, 10518, 10517, 1705, 1706, 1689, 1690, 1693, 1694, 1695, 1696, 1697, 1698,
1699, 1703, 1704, 10519, 10520, 10521, 10522, 9803, 9808, 9812, 9813, 9809, 9810,
9811, 9814, 9815, 9816, and 9617 respectively.


It further appears from the record herein that all of the applicants that
were living on June 28, 1896, were residents in good faith of the Indian Territory
on said date.

The evidence in this case further shows that the applicant, Daphne Myrtle Nichols,
died on June 27, 1901.

I am of the opinion that in accordance with the opinions of the Assistant Attorney General
for the Department of the Interior of February 10, 1905 (I.T.D. 10353-1904) and December 8,
1905 (I.T.D. 3693-1905), in the case of Lula West, the action of the commission to the five
civilized Tribes, and the subsequent action of the United States Court for the Southern
District of Indian Territory, and the Choctaw and Chickasaw Citizenship Court, upon the
right of the applicants who applied to the Commission to the Five Civilized Tribes in 1896,
with the exception of Andrew J. Peck, was without authority of law, and of no force and effect
upon the status of said applicants as citizens of the Choctaw Nation.

I am further of the opinion that the orders of the Commission to the Five Civilized Tribes
of December 12, 1904, and March 18, 1905, dismissing the applications for the enrollment
of Mary E. McCarty, William Erman Johnston, Minnie Gertrude Brown, Fannie C. Brown,
Henry Niten Brown, Elbert Knightington Brown, Otis Dewey Peck. Virgie Peck,
Louis Herman Nichols and Golda Ula Nichols as a citizen by blood of the Choctaw Nation
and Eli W. Brown, Bessie Nichols and Osa Nichols as citizens by intermarriage
of the Choctaw Nation should be resided.

I am further of the opinion that in accordance with the opinions of the
Assistant Attorney General for the Department of the Interior of March 3, 1905
(I.T.D. 187-1905) and March 12, 1906
(I.T.D. 9969-1905), Nancy A. Brown, Bettie McCarty, Mary Ethel McCarty, William N. Brown,
Sarah Johnston, Becky Brown, Mary Johnston, Mamie (or Minnie) Hudson, Alice Brown,
George Brown, Susie Brown, William Erman Johnston, Minnie Gertrude Brown, Henry Niten
Brown, Fannie C. Brown, Caswell M. Brown, Maudie Brown, Willie Brown,
Elbert Knightington Brown, Polly A. Peck, Florence Peck, Oscar Peck, Benjamin Peck,
Andrew Peck, Otis Dewey Peck, Virgie Peck, George Brown, Susie Brown, William Erman Johnston,
Minnie Gertrude Brown, Henry Niten Brown, Fannie C. Brown, Caswell M. Brown,
Maudie Brown, Willie Brown, Elbert Knightington Brown, Polly A. Peck, Florence Peck,
Oscar Peck, Benjamin Peck, Andrew Peck, Otis Dewey Peck, Virgie Peck, George G. Brown,
Willie Emma Brown, James B. Nichols, Della May Scott, Nancy V. Nichols,
John W. B. Nichols, Louie Herman Nichols, Golda Ula Nichols, Orin M. Nichols,
James W. Nichols, Maggie M. Nichols, Mettie Myrtle Nichols, and Lonie Nichols
should be enrolled as citizens by blood of the Choctaw Nation, under the provisions
of the Acts of Congress approved June 28, 1898 (30Stats., 495) and July 1, 1902
(32 Stats., 641), and it is so ordered.

I am further of the opinion that William B. Brown, Nancy Brown, Eli W. Brown,
Amanda Brown, Sarah Brown, Nancy C. Nichols, Bessie Nichols, Amanda M. Nichols,
and Osa Nichols should be enrolled as citizens by intermarriage of the Choctaw Nation,
under the provisions of the Acts of Congress approved June 28, 1898 (30 Stats. 495
and July 1, 1902 (32 Stats., 641), and it is so ordered.

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