JOINT -RESOLUTION FOR THE ENROLLMENT OF CERTAIN PERSONS AS MEMBERS OF THE OSAGE TRIBE OF INDIANS, AND FOR OTHER PURPOSES
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ON JOINT RESOLUTION 70
COMMITTEE ON INDIAN AFFAIRS.
Department Of The Interior,
Washington, March SI, 1908. Hon. Moses E. Clapp,
Chairman Committee on Indian Affairs, United States Senate.
Sir: I am in receipt of your letter referring for a report a copy of S. R. 70, being a "Joint resolution for the enrollment of certain persons as members of the Osage tribe of Indians, and for other purposes." You request a report thereon for the information of your committee.
The resolution authorizes and directs the Secretary of the Interior to cause to be placed on the roll of the Osage tribe of Indians, provided for in the act of June 28, 1906 (34 Stat. L., 539), known as the Osage allotment act, the names of 37 persons, as follows:
1. Mrs. Jane Appleby.
2. Addie May Auld.
3. Archie William Auld.
4. Harry Auld.
5. Flora Auld.
6. Pearl Callahan.
7. Simon Clavier.
8. Mary J. R. Crump.
9. Pauline Crump.
10. Edward R. Crump.
11. Maudie Fronkier.
12. Panzy Fronkier.
13. Virgil Herrard.
14. George Arthur Hunt.
15. John Thomas Hunt.
16. Thomas John Hunt.
17. Mary Elizabeth Hunt.
18. Rhody May Hunt.
19. William T. Hunt.
20. Angeline James.
21. Nora James.
22. Chlora Loveland.
23. Hattie McCrary.
24. Mamie McCrary.
25. Rosa Marr.
26. Ola Martin.
27. Blon Pappan.
28. Justin Pappan.
29. Moses Plomondon.
30. Peter M. Revard.
31. G. J. Stratton.
32. Jerald Stratton.
33. Theresa Stratton.
34. Therma Stratton.
35. Floyd Stratton.
36. Grace Stratton.
37. Thelma Stratton.
The resolution provides further:
"And in order that said persons may receive benefits from the Osage lands equal to other members of the tribe, the Secretary of the Interior is authorized and directed to ascertain and pay to each of them the difference in value between the allotment*
Oklahoma City, April 17, 1908. Hon. Robert L. Owen,
Washington, D. C.
My 'dear Senator: I have been informed within the last few days that upon Thursday of next week a hearing on the enrollment bill will be had before the Senate Committee on Indian Affairs. I had hoped that I would be able to start for Washington on Saturday of this week, in order to have some time to confer with you on this matter hefore submitting your report to the full committee, but I am tied up in the United States court here in the trial of some important cases, and it may be I will be prevented from going to Washington at all.
The particular cases in which I am interested in the bill, as I have stated to you before, are those which are known as the Stratton and Revard people. The Stratton people are of the same stock of people as the Browns. You have been very well acquainted in the past with Osage Brown and his family. Stratton and his sister, Mrs. Marr, who are seeking to be enrolled, are brother and sister of Mrs. Brown, and this family are closely related to Augustus Captain, whom you probably remember as "Ogees" Captain.
The evidence in the case is very plain on that proposition, and we have submitted a list of the names of those persons who are on the roll whose rights are identical with those of the applicants for enrollment.
The Revards, which consist of Peter M. Revard and his sister, Mrs. Crump, and her childreV belong to what is known as the Revard family, which is one of the largest families in the tribe, there being in the neighborhood of one hundred and fifty people on the Osage roll belonging to this family. The father of these applicants at the time of his death was a member of the Osage tribe, residing in the reservation, was enrolled with the tribe, and drew annuities the same as any other member. A sister of the applicants is now on the roll, and is being allotted lands with the Osage tribe of Indians. This same statement can be made with reference to the Stratton family, as a sister of Stratton and Mrs. Man' is now on the roll and receiving allotments, as ie also her children.
In the case of Pearl Callahan, who is seeking enrollment, the evidence is undisputed that she is a half-blood Osage Indian of illegitimate birth, and we think her enrollment was really directed by the allotment bill, but the Department, exercising the arbitrary power which is lodged in it, refused her enrollment. Her enrollment, and the enrollment of the Stratton and Revard families, were denied solely on the ground that they had not previously affiliated with the Osage tribe; and if you will refer to the statements heretofore filed with you, you will find that Congress heretofore has fully legislated so as to protect Indians who seek to adopt the habits and ways of civilization, and when they do so are to be protected in their tribal rights, the purpose of the law being to encourage them in giving up their tribal habits and ways and adopting the habits and ways of the white man without imposing any penalty for so doing.
I write you this rather lengthy letter for the reason that I may not be able to talk with you before the matter is disposed of by the committee, and I do not want any delay in the matter, as this legislation must come out this session of Congress in order to protect these people in their rights, for before another session of Congress could act on the matter the lands and funds would probably be segregated and placed to the individual credit of the members of the tribe.
Trusting that the showing I have made is satisfactory to yourself and to the committee, and hoping I may be able to serve you in the future, I am, Very truly, yours,
T. J. Leahy.
Department Of The Interior,
Washington, April 21, 1908. Hon. Moses E. Clapp,
United States Senate, Washington, D. C.
Sir: Permit me to acknowledge the receipt of your letter of the 8th instant, in which you refer to departmental letter of March 31, reporting on Senate joint resolution No. 70 for the enrollment of 37 persons with the Osage tribe, and ask certain specific questions in relation thereto.
In answer you are advised, seriatim, as follows:
"1. Which, if any, of the persons named in the resolution appear from the records filed with their applications for enrollment to have any near relatives claiming the same ancestor now on the Osage roll?"
Pearl Callahan (No. 6) is the illegitimate daughter of She-she, a full-blood Osage and a member of the tribe.
The Stratton family, including Mrs. Rosa Marr (formerly Loveland), who is alleged to be a sister of G. J. Stratton, but is not so shown by the records of the Department (Nos. 22 to 25 and Nos. 31 to 34, inclusive). These adults, G. J. Stratton and Mrs. Rosa 'Loveland, have a sister, Mrs. Julia Ann Stevens (now Mrs. Hackleman), enrolled -yrith the tribe.
Memorandum of fact in the matter of the application of G. J. Stratton et al. for enrollment as members of the Osage tribe of Indians.
The parties interested in this application for enrollment and who have joined in the application are G. J. Stratton, for himself and his three minor children, Theresa, Therma, and Jerald Stratton, Rosa Marr (nee Loveland), a sister of G. J. Stratton, for herself and her children, Chlora Loveland and Mamie McCrary (nee Loveland) and her child, Hattie McCrary. G. J. Stratton and Rosa Marr are brother and sister to Mrs. Julia A. Hackleman (nee Stephens), who is a member of the Osage tribe of Indians and is on the tribal rolls as such. They are also brother and sister to Mrs. Jane Brown, nee Jane Stratton, now deceased, who was a member of the Osage tribe of Indians and during her lifetime her name was carried on the roll as such. Mrs. Brown left five children, who are now borne upon the Osage roll as members of the Osage tribe of Indians and to whom allotment of lands is now being made under the provision of the act of Congress approved June 8, 1906. G. J. Stratton and Mrs. Marr are children of an Indian woman by the name of Peliza Choteau, an Osage Indian woman, and Gabe Stratton, a white man. They are also uncle and aunt to Rebecca J. Darnell, who is a member of the Osage tribe of Indians and carried on the roll as such. Rebecca J. Darnell is the daughter of Julia A. Hackleman, a sister to these applicants. In 1896, the right of Rebecca J. Darnell, who was then Rebecca J. Valney, to be enrolled on the Osage rolls was investigated by the Secretary of the Interior and her rights sustained, and the evidence taken in that investigation was later used in the application for enrollment of her mother and brother, and on that evidence, her mother and brother were enrolled over the objection of and against the will of the Osage national council.
A copy of the same evidence with other evidence was used in the application on behalf of these applicants for enrollment and their enrollment denied by the Secretary of the Interior, all of which is of record in the Department of the Interior. These parties made their application for enrollment prior to June 28, 1906, and on that date tueir application for enrollment was pending. The Secretary of the Interior previous to that time had passed upon their application and denied it on the grounds: First, that the Osage national council had rejected it. Second, on the grounds that they had not affiliated with the tribe. Third, the fact that they had sisters and other relatives on the roll who claim their right to enrollment through the same ancestors that these parties did was not conclusive of their right to enrollment.
An application for rehearing had been filed and rehearing granted, and on that application the case was pending on the date of the passage of the "Allotment bill, " so that these applicants came strictly within the provisions of that statute. On the rehearing of the case the Secretary of the Interior again denied enrollment, but this time solely on the ground that they had not affiliated with the tribe. These parties claim their right to enrollment by reason of the fact that they are descendants of the Choteau family, and herewith is appended a list of names, together with their roll numbers, of persons who are now carried on the Osage rolls and who claim their right to enrollment through the common ancestors of these people. There are others whose names are carried on the Osage rolls who are related by blood to these people, but who can claim their right to enrollment through other sources in addition to the sources claimed by these applicants. The application of Julia Ann Stevens, now Hackleman, a sister of G. J. Stratton, and Rosa Marr, was in every particular identical with the application of these parties, and was submitted to the Department upon the same identical evidence, and had been rejected by the Osage national council for the same reason these applicants had been rejected, and on the same grounds the Department was asked to enroll them over the objection of the council. In passing upon that case the Secretary of the Interior used the following language:
"The case of Mrs. Julia Ann Stevens and her son, John H. Stevens, does not at all differ from the case of her daughter. Mrs. Rebecca J. Vadney, and it seems quite clear that Mrs. Stevens and her son are equally entitled, by reason of their Osage blood, to be placed upon the Osage annuity rolls. It is said by Assistant Attorney-General Hall, in his opinion in the matter of the application of Lewis Benjamin Lessert, 'Waiving the question of the right of the tribe through its council to pass upon the qualifications of applications for membership therein, it is clear that such applicants ought not to be allowed by the Department over their protest, except upon indubitable proof of the legal right to such membership.' In the present case, the application for enrollment is supported by strong and satisfactory proof of Osage blood, and there seems to be no good reason for refusing to enroll Mrs. Stevens and her eon upon the annuity rolls. You are, therefore, directed to place their names upon the Osage annuity rolls."
Notwitstanding the decision of the Secretary of the Interior above referred to in the case of Julia Ann Stevens, a sister of G. J. Stratton and Rosa Marr, the Secretary of the Interior has held against these applicants and denied them enrollment. The evidence in this case shows that these applicants, at the time of their application for enrollment, and for a long time previous thereto, had resided in California and had not sustained tribal relations with the tribe. The evidence also shows that these parties were desirous of taking up their abode with the tribe as soon as they could receive enrollment, but did not desire to part with what little property they had in California, in the cost and expense of moving to the Osage Reservation, until they were enrolled and were permitted to share in the annuities and privileges of the Osage tribe of Indians, stating that if they were not enrolled they could not afford to use up what little property they had in the expense of moving. The fact that the Osage national council had rejected their application made them feel that there was uncertainty about their enrollment, and the further fact that the Department was inclined to support the council in their attitude, increased the uncertainty and warranted their action in that regard.
It might be well to remark here that this is the first case of the kind in which the Department has held that parties could lose their right to enrollment by reason of nonaffiliation with the tribe, and in the last twenty years many persons have been enrolled in the tribe by direction of the Secretary of the Interior who had not been previously affiliated with the tribe, and one person, to wit, Coenia Mongrain, was enrolled as a member of the tribe who never lived with the tribe previous to her enrollment and never has since and did not at the time of her enrollment, and is now sharing in the division of the tribal lands and funds of the Osage tribe of Indians. The act of Congress of February 8. 1887, provides as follows:
"And every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property."
It was contemplated at the time of the passage of the act of Congress providing for the division of the lands and funds of the psage tribe of Indians that persons in the condition of these applicants should receive enrollment. For that reason it was specially provided in that bill that the decision of the Secretary of the Interior should be final and that persons whose right to enrollment were denied them should not be permitted to resort to the courts to support their contention for enrollment. The refusal of the Secretary to enroll these applicants is in direct violation of the statute above quoted; and as the right to have their case determined in the courts has been by legislation taken away from them, thev now ask for legislative relief.
T. J. Leahy.
List of names of persons now on Osage roll whose rights are identical with applicants.
532. Mary Chouteau.
423. Sophia Chouteau. 529. Louis Bighorse.
533. Andrew Bighorse.
736. Wah ko ki he kah, or Roza Chou-
677. Hunkah me, or Josephine Chouteau.
424. Hays Little Bear, now married to
Lo hah me. 1068. Louis Chouteau. 1810. Oscar A. Ririe.
1805. Erne E. Ririe.
1806. Scott F. Ririe. 1S07. Otis E. Ririe. 1808. Nellie I. Ririe. 1819. Arthur M. Ririe.
1838. Roza Fronkier. 1250. Laban A. Fronkier. 2066. Effle Chouteau.
1203. Augustine Carrelton, ne'e Chouteau.
1053. Anthony Carrelton.
1707. Ella Carrelton.
1058. George Carrelton. 1856. Olla Roberts.
1204. Charles Donovan.
1205. Jessie Donovan.
1175. Emily Ross.
1825. Mary C. Ross.
1465. Coenia Killabee.
1400. Benedict Killabee.
1401. John A. Killabee. 1067. Stewart Chouteau. 1601. Sylvester Moncravie.
1839. Emmitt Rogers.
1840. Cecelia Rogers.
1841. Maud Rogers.
1054. Mary E. Carrelton.
1055. Eva M. Carrelton.
1056. Ethel Carrelton.
1057. Francis Carrelton.
1708. Grace Plomondon.
1709. Clementine Plomondon.
1800. Moses E. Plomondon.
1801. George Plomondon.
1059. Augustine Carrelton.
1060. Robert Carrelton.
1061. Mary E. Carrelton.
1062. George Carrelton.
1176. Clement De Noya.
1177. Mosby De Noya.
1178. Louis De Noya.
1179. Sadie De Noya.
1180. Elsie De Noya.
1181. Edna De Noya.
1182. Elizabeth De Noya.
1183. Milliard De Noya.
1826. Irene Rogers.
1827. Mary A. Rogers.
1828. Coena Rogers.
1829. Eldred T. Rogers.
1470. Was he ke Luse.
2067. Merle C. Wade.
866. Peter A. Captain.
1359. Roza A. Captain.
1968. Andrew Tayrien.
1560. Arenia Parien.
2068. Elmer Wiles.
2069. Lelina Wiles.
2070. Delila Wiles.
2071. Francis M. Wiles.
1941. Oscar E. Sweeny.
1621. George Newman.
2101. Estefia Yeargain.
2102. Early T. Yeargain.
2103. Verona V. Yeargain.
2104. Leona Yeargain.
1361. Alfred Hoots.
1360. Agnes Jane Hoots.
1557. Minnie Beggs.
1977. Julia L -Beggs.
1969. Jeanie Tayrien.
1970. Viola Tayrien.
1971. Alfred J. Tayrien.
1972. Violet M. Tayrien.
1973. William J. Tayrien.
1974. Rosana Tayrien.
1957. Edna Tayrien.
1025. Nelson Carr.
1026. Gussie M. Carr
1561. Delila Carr.
1567. Clarence Michaels.
1558. Roy S. McClaine.
2030. Andrew Trumbly.
1595. Rosa Trumbly.
of names of persons now on Osage roll whose rights are identical viith applicants—
1591. James W. Moore.
1592. Eliza Moore.
1593. Alice Moore. 2032. Oscar Trumbly.
1596. Augustine Moncravie.
1597. Virginia Moncravie.
961. Francis D. Dowhan.
962. Sewell 0. Bowhan.
963. Erins S. Bowhan. 1316. Julia A. Stratton.
988. A. H. Brown.
979. Charles Brown.
1118. Koza Brown.
982. Edward Brown.
983. Ernest E. Brown. 1137. Rebecca J. Stephens.
1922. John Stephens.
989. William S. Brown.
990. Frank R. Brown.
980. Bernice Brown.
981. Treva Brown.
1120. John M. Cunningham.
1119. Robert B. Cunningham.
984. Mande Brown.
985. Laura J. Brown.
986. William P. Brown.
987. Lula B. Brown.
1877. Georgia Vadney, nee Georgia Selby.
1138. Ann J. Vadney.
958. Cashleen Boren.
959. Evaleen Boren.
1923. Mildred V. Stephens.
1924. Gilbert Jackson Stephens.
Washington, June 25, 189S. The Commissioner Op Indian Affairs.
Sir: March 24, 1898, you submitted for departmental consideration a communication dated the 22d of February, 1898, being a report from Lieut. Col. H. B. Freeman, TJ. S. Army, acting Indian agent of the Osage Agency, Okla., upon the application of Mrs. Julia Ann Stevens and her son, John H. Stevens, for enrollment in the Osage ribe of Indians.
It appears that in November, 1897, Mrs. Stevens and her son applied to the Osage national council for enrollment as members of the Osage tribe of Indians, but at that time the national council refused to take action in the matter. The application was then withdrawn from the national council, and on December 22, 1897, transmitted to your Office, and by you transmitted to Lieutenant-Colonel Freeman for action thereon by the Osage national council. The Osage national council on February 18, 1898, unanimously rejected the application, but without assigning any reason for such action. It was then returned to your Office by the acting Indian agent, with the recommendation that the action of the Osage national council be sustained.
It appears from the evidence, consisting of affidavits by the applicants and a certified copy of the evidence filed by Commissioners Houston and Scott, with their report upon the case of Rebecca Jane Vadney, nee Stevens, one of the Osage annuity rolls contestees investigated by them, that a full-blood Osage woman married as her second husband a Frenchman named Choteau, by whom she had "Pelisha" (Eliza), who married in 1842 one Gabriel M. Stratton, a white man; that from this union Julia Ann was born in 1845; that this daughter (Julia Ann) lived among the Osages with her mother and attended the Osage Mission School until she was about 12 years old, when (in 1857) her father and mother took her with them to California, where her mother died in 1867 and where her father still resides; that Julia Ann Stratton married in California one Albert Stevens, a white man. and bore him Rebecca Jane (Vadney) and John H. Stevens, the latter being one of the present applicants; and that in the latter part of 1897 Mrs. Julia Ann Stevens and her son, John H. Stevens, came to the Osage Reservation and applied for admission to tribal membership in the Osage Nation.
Rebecca Jane Vadney (the daughter of Julia Ann Stevens) was placed upon the Osage challenged list, and her Osage descent thoroughly investigated by Commissioners Houston and Scott. Upon this claim your office reported to the Department, under date of December 29, 1897 (in the Osage annuity roll investigation cases), as follows (p. 171):
"Rebecca Jane Vadney and family (Nos. 441, 442, and 443) claim Osage blood through the 'Captain family.' The evidence sustains this claim and shows that this woman is the granddaughter of one 'Pelish' (Eliza) Choteau, who was a half sister to Augustus Captain—a half-breed Osage—their mother being the same woman and a full-blood Osage; that this half-breed Osage woman, in 1842, married one Gabriel M. Stratton, a white man, and at some time thereafter went with him to California; that one of her daughters (Julia Stratton) married Albert Stevens (white), and was the mother of Rebecca Jane, who married one C. M. Vadney; that this one-eighth blood Osage woman, with her white husband and child, left California and came to the Osage Nation in 1889, and under date of December 23, 1889, applied to the Osage national council for recognition as Osages; that their application for admission to the tribe was acted on favorably by the said council, and the matter then submitted to this Department for approval; that the question of their enrollment as Osages was then submitted to Special Indian Agent Parker, who reported, after a thorough investigation, that he was satisfied from the closest information he could obtain that they were of Osage blood and entitled to rights and privileges as Osages; that this Department under date of October 23, 1890, approved the action of the Osage national council in their case, and authorized their enrollment, and that they are now living off the Osage reservation at Cleveland, Okla.
"Both Mr. Scott and Mr. Houston find in favor of these people, the latter Commissioner, however, inviting attention to their residing off the reservation in violation of the laws of the Osage Nation, and referring the matter to this Department for a decision. No brief in this case.
"Recommendation: That this woman and her two children be sustained in their rights as Osages.
This recommendation was approved by the Department by letter dated January 21. 1898.
The case of Mrs. Julia Ann Stevens and her son, John H. Stevens, does not at all differ from the case of her daughter, Mrs. Rebecca Jane Vadney, and it seems quite clear that Mrs. Stevens and her son are equally entitled, by reason of their Osage blood, to be placed upon the Osage annuity rolls. It is said by Assistant Attorney-General Hall, in his opinion in the matter of the application of Louis Benjamin Lessert (Op. Asst. Attys. Gen. 10, 487), "Waiving the question of the right of the tribe, through its council, to pass upon the qualifications of applicants for membership therein, it is clear that such application ought not to be allowed by the Department over their protests, except upon indubitable proof of a legal right to such membership."
In the present case, the application for enrollment is supported by strong and satisactory proof of Osage blood, and there seems to be no good reason for refusing to enroll Mrs. Stevens and her son upon the annuity rolls. You are therefore directed to place their names upon the Osage annuity rolls.
The papers transmitted with your letter are herewith returned.
Thos. Ryan, Acting Secretary.
STATEMENT OF MAJ. L. J. MILES.
Major Miles. I will take these cases up as I find them in the resolution, in groups as they belong together. First
Senator Curtis. Just give your name and residence, Major.
Major Miles. L. J. Miles. I reside at Lawrence, Kans. I took charge of the Osage agency in July, 1878; left the agency in 1885; returned in charge of the agency in May, 1889, and left the agency again in 1893. The first family that I find on the list in the resolution is the family of G. J. Stratton and his children; his sister, Rosa Marr Loveland, and her children, which covers eight people.
Senator Owen. Who are her children? Do you see them on this list?
Major Miles. Yes, sir. The children of G. J. Stratton are Teresa Stratton, Therma Stratton, and Gerald Stratton. Rosa Marr is the sister of G. J. Stratton and the mother of Chlora Loveland. Mamie McCreary is the daughter of Rosa Marr, and Hattie McCreary is the daughter of Mamie McCreary. This covers eight of the applicants. The history of this family, as the records will prove, filed in this case, is that G. J. Stratton is the son of Eliza Stratton, who was Eliza Chouteau, the daughter of Legar Chouteau, who was agent for the Osages in the early days, by a full-blood woman, so that the mother of G. J. Stratton was .a half-blood Osage. They went to California in the early days. The famity of one of the daughters of Eliza Chouteau returned and was enrolled about thirty-five or forty years ago.
The Chairman. Do you intend to rest upon your statement
Major Miles. I will state the facts as they are already on file in the Indian Office. The record itself covers all the facts. I shall not go outside of the record.
The Chairman. I simply am asking if we are to rely upon your knowledge, or whether there is any documentary evidence.
Major Miles. There is documentary evidence for everything I shall say in these cases.
The sister of G. J. Stratton returned to the reservation about 1897 and was enrolled—enrolled by the Department after the council had denied her enrollment, for the reason that she had proven beyond a question that she was of Osage blood and was entitled to enrollment, and that decision is on file. Her daughter had previously come to the Osage Reservation and was enrolled. All the family to which G. J. Stratton belongs are on the reservation and enrolled, and their descendants, excepting these parties. They belong to what is known as the Chouteau Captain family, one of the largest families on the reservation, covering probably 100 or 150 people of the same blood, and these are all on the rolls of the Osage tribe to-day, or their descendants, except these parties named.
The Chairman. The name of thajt sister who returned and was put on was
Major Miles. Julia Ann Stephens. "Peter M. Revard, Mary J. R. Crump, Pauline, daughter of Mary J. R. Crump, Edward R. Crump," are the next four of the group. Peter Revard and Mary J. R. Crump are the son and daughter of Louis Revard. Louis Revard went to California in an early day. The first that returned of his family was a daughter, Mrs. Reardon, who, when she returned, was placed on the Osage rolls and is on the Osage rolls to-day. Mr..Revard, the father, returned about 1890, and was placed on the Osage rolls and died as a member of the tribe. Peter Revard, whose application is made, came to the reservation about 1897. He came earlier than that and made application, but came later in 1897. He did not get enrolled, but went to the Spanish-American war, and was gone in the war for a number of years, and was taken sick and was in the hospital, and after he returned he made an application again. I will say right here that the applications of G. J. Stratton and Mr. Revard were made in 1903 and 1904—finally made in 1903 and 1904. His sister came to the reservation many years ago, but was not enrolled, and she came back and has been on the reservation this winter. So that there are now several members of this family who are on the Osage rolls. They belong to the Revard family, which is an old family on the reservation, and probably number over 100 people of the same blood as these applicants. The record will show the names of these people on the rolls.
Senator Paynter. Is the Department resisting the effort of these people to get on the rolls, or is there some statute in the way, or limitation ?
Major Miles. They tried to resist it. Pearl Callahan is the child of a full-blood Indian named Cheche and a white woman. The circumstances are very peculiar and I will not go into details about them, except to say that the father and mother both made practically the
same affidavit, although they were 200 miles apart when it was made. They established the same fact, that the child was the result of almost a criminal assault. She made her application for enrollment a number of years ago. It was reported favorably by every agent who has ever reported upon it. It was reported favorably by the Indian Office, the first decision of the Department was, basing their action possibly upon the action of the council, that if she would give up the child to the Indian he would enroll it, or if she would go back to the Indian and live with him they would enroll it, both of which she declined to do. Afterwards it was finally decided against her on the ground that she was not affiliating with the Osages.
Senator Curtis. Does the father admit that the child is his child?
Major Miles. Surely.
Senator Curtis. Did he offer to take the child and take care of it? Major Miles. He did; that affidavit is on file with the record. Senator Curtis. And there is no dispute or question but what this 'illegitimate child is his child, a full-blood Indian, and a member of the Osage tribe?
Major Miles. It is not questioned that I ever heard of. Senator Patnter. So the child is to be made to suffer from the conduct of the mother and father, or one of them?
Major Miles. Yes, sir. "Virgil Herrard, Simon Clavier, Jane Appleby, Moses Plomondon,'' are all white people. Jane Appleby— taking them as they come—was taken to the Osage Nation by her father when she was only 4 years old. In 1847 she was adopted by the chiefs of the tribe and given all the rights and privileges of an Osage: She lived with the Osages and has lived with them all her life since that time. She has raised an Osage family. In 1847 she was married to a mixed-blood Osage, one of this Captain Stratton'S family. Her grandchildren are all on the reservation and enrolled. She was dropped from the rolls in about 1874 and was placed back on the rolls by the Interior Department some two years ago—two years and a half ago—provisionally. She is asking for full enrollment. SenatorCuRTis. How did they put her back? You say provisionally; what was that provision ?
Major Miles. The provision was that she should be entitled to an annuity for life.
Senator Curtis. But no land?
Major Miles. But no lands.
Senator Paynter. I would like to refer back to the matter of this illegitimate child. Is there anything in the statutes of the United States or is there any tribal law that prevents such persons from inheriting or taking part?
Major Miles. Nothing that I know of.
Senator Paynter. Is there a statute or law of the tribe that there must be .an affiliation with the tribe ?
Major Miles. No, sir. I will state right here that since I have been connected with the Osage people in 1878 the Department has a number of times used its authority to place people on the roll disregarding the act of the council, and a number of times when the people have not lived on the reservation. I could cite here a number of cases where people have declared that they did not live on the reservation and never intended to live on the reservation, and still they have been enrolled.
Senator Sutherland. Major Miles, perhaps you neglected to state it, but have all these cases been passed upon by the Secretary of the Interior ?
Major Miles. They have.
Senator Suthekland. Can you state to the committee his reasons for refusing them enrollment ? I do not want to interfere with your statement.
Major Miles. In some of these cases he gives a lack of affiliation. Thus were the Callahan and the Stratton cases.
Senator Sutherland. But his principal reason was that the tribes had refused to recognize them as members.
Major Miles. I will say that that record is here.
Senator Owen. I made a report at length in both of those cases, which is on file, and I take it will be printed with the other matter. The first reason generally is a lack of affiliation. In nearly every case the blood is proven, but a lack of affiliation is used as a reason.
STATEMENT OF T. J. LEAHY, OF PAWHUSKA, OKLA.
The Chairman. You may state your name and occupation and your relation to this matter.
Mr. Leahy. My name is T. J. Leahy; my residence is at Pawhuska, Okla.; I am an attorney by profession. I represent a part of the applicants at this hearing.
Senator Bankhead. What excuse did the Department give for refusing these?
Mr. Leahy. The Department's reason for refusing to enroll these people was that the council of the tribe did not consent to it, and, secondly, that they had not affiliated with the tribe—that they are nonaffiliated Indians.
Senator Bankhead. And not because of blood?
Mr. Leahy. No, sir; there is no question about the blood. I think possibly the Department does question the blood as to some of those applicants; I am not sure as to that, but as to the ones that I am directly interested in there is no question about the blood. The report, which I think you will find the Department will make upon these matters, will show that the Stratton people and Revard people are all of Osage blood, and that their reason for denying them was, first, that the council denied it, and, secondly, that they were nonaffiliated.
Senator Sutherland. Those 37 people made application to the council, did they?
Mr. Leahy. Yes, sir.
Senator Sutherland. I am asking as to the reason that the council had for denying them.
Mr. Leahy. Yes, sir; I was there and heard the council argue the proposition.
Senator Sutherland. What was the reason of the council ?
Mr. Leahy. The reason they did it was, to use their own expression, that they did not want to make any more Osage Indians. That was the only reason they had. The reason back of it all was because they did not want to divide their property among any more members. They did not want to increase their roll so as to decrease the worth of an individual right. It is a fact that the members of that tribe openly and avowedly say that if their brother was off the roll they would not vote to put him on the roll. The right of an Osage is considerable. Senator Curtis stated, I think, that it was $25,000, but he is probably $10,000 too high—and to enroll a number of people you can see that it would probably take $100 or $200 from each member of the tribe.
Senator Sutherland. How many members are there, approximately ?
Mr. Leahy. Two thousand two hundred and thirty.
Senator Curtis. They would each get 600 acres, in land and share in about $8,000,000 in money?
Mr. Leahy. Yes, sir; each would get 660 acres.
Senator Curtis. And an interest in the oil and gas lands—the most valuable oil and gas deposits in the United States. Nobody knows what it is worth.
Mr. Leahy. Nobody knows what it is worth; it is something you can not value at this time. That is still tribal property, the oil and gas. NoV, then, to take up the case we have here—the case of G. J. Stratton and his children, and his sister and her children and one grandchild. As stated by Major Miles, the mother of G. J. Stratton and of Mrs. Marr was a half-blood Osage Indian. The father and mother of Mrs. Stratton and Mrs. Marr went to California at an early date. I am not able to state whether those children were born among the Osages or born soon after they went to California, but it was about that time. Some of the older children, however, were born among the Osages. There was one member of the family that a good many years ago came back to the tribe and lived with the tribe up to the time of her death. Her name was Brown, and her children are on the roll. Senator Curtis is well acquainted with some of them—Charley Brown and Ed Brown—and there may be some of the other Senators who have seen them here. They show plainly the mark of Indian blood. Mrs. Julia Ann Stevens in 1896 or 1897—who was another sister to Stratton and Mrs. Marr—with her son, made application for enrollment. I prepared the application for her and the council at that time denied her application. The Indian agent reported against it for the very same reason that these applications are now denied. It came on to the Department and the Commissioner of Indian Affairs, following up the same line of argument, that they had been nonaffiliated, also reported against them to the Secretary of the Interior.
The Secretary of the Interior took the matter up and reviewed it quite carefully, and in quite a long letter to the Commissioner of Indian Affairs directed the enrollment of these people, stating very clearly that the proof was so clear that notwithstanding the fact that the council had rejected them and notwithstanding the fart that they had lived away from the tribe, they should be enrolled. That letter of the Secretary of the Interior directing their enrollment is among the files and papers, as well as other evidence which was taken at a former investigation of the membership of the tribe in 1896, in which I took part. In that investigation Mrs. Rebecca J. Vadney, who is adaughter of Mrs. Stevens, and who came earlier to be enrolled, and was enrolled with the tribe, was investigated. Upon the evidence taken in her case, and the action of the commission that was appointed to investigate that roll, and the findings of the Department, and the other evidence submitted to show that Mrs. Stevens was what she claimed herself to be, the Secretary directed her enrollment. All of those records are in the Department. There is nothing new to be injected into the case outside of the records. The matter has been gone over a number of times, and has been briefed and rebriefed, and there is nothing new in the way of evidence; there is notliing new in the way of the law. In 1887 Congress passed an act in which it stated that persons who had removed, who had separated themselves from their tribe and had gone out and adopted the ways and habits of white men or white people, that they should become citizens of the United States; they were recognized as citizens of the United States. That inducement was held out to the members of the different tribes to get them to go away from their reservation; to get them to go out and mingle with other people and become citizens of the United States, and they specifically declared that by reason of doing so they should not lose their rights to the tribal property. That was the act of Congress of 1887.
Senator Sutherland. I want to ask another question. The Secretary of the Interior refused enrollment to these people upon the principal ground that they had been denied enrollment by the council, did he not ?
Mr. Leahy. Yes, sir.
Senator Sutherland. Do you know whether or not he enrolled any applicant who had been denied the right by the council ?
Mr. Leahy. Yes, sir. He enrolled Julia Ann Stevens and her son. Julia Ann Stevens is a sister of Mr. Stratton and a sister of Mrs. Marr.
Senator Sutherland. Was it made to appear before him that they had been denied by the council ?
Mr. Leahy. Yes, sir.
Senator Sutherland. Does any reason appear in the record for that statement ?
Mr. Leahy. I have a copy of the letter here. It is a press copy taken from the record of the Department.
Senator Sutherland. What I want to know is whether the Secretary gave any reason for enrolling some and denying enrollment to others who had been denied by the council ?
Mr. Crosthwaite. He does not explain it. He denies some and does not give any reason.
Mr. Leahey. After going over the matter of the evidence that was submitted and the proposition as to what the Department had theretofore found with reference to the daughter of Julia Ann Stevens and stating that there was no difference in their cases, the Secretary says this:
The case of Mrs. Julia Ann Stevens and her son, John H. Stevens, does not at all differ from the case of her daughter. Mrs. Rebecca Jane Vadney, and it seems quite clear that Mrs. Stevens and her son are equally entitled, by reason of their Osage blood, to be placed upon the Osage annuity rolls. It is said by Assistant AttorneyGeneral Hall in his opinion in the matter of the application of Louis Benjamin LesBert (Op. Asst. Attorney