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(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.