may receive and that of the average allotments to other members of said tribe, and the Secretary of the Interior is hereby empowered and directed to use so much of the funds of the Osage tribe as may be necessary to pay the difference in the value of the allotments and to give the persons named herein equal benefits in every respect with other members of said tribe.

Agreeably to your request, the cases are considered seriatim, as follows:

JANE APPLEBY (NO. 1).

The facts show that Jane Appleby is a white woman of Irish descent, 75 years old, who came with her parents to the Osage country in January, 1833, and in 1847 was married to a half-breed Osage Indian named August Captain, and it is claimed she was placed upon the roll of the Osage Indians by its council on March 5, 1847. Her name appears to have remained there until 1874, when it was dropped for some reason not given. August Captain is alleged to have died on August 8, 1878, and after about fourteen years the contestee married one Luther Appleby, a white man.

The records of the Departn ent show that this woman of far more intelligence than the average Osage Indian had by reason of her lifetime spent among the Osages, acquired an extensive knowledge as to what persons living in the Osage Nation were entitled to enrollment and who were simply white intruders; that her evidence during the various investigations held for the purpose of ascertaining these entitled to tribal enrollment was extremely valuable in deciding the rights of the many applicants for enrollment. and that she did a great deal to prevent the enrollment of persons who were not properly entitled.

It appears also that the name of Mrs. Appleby was submitted to the Osage council for consideration on November 28 1904 and the council voted unanimously against her. Her application was then brought to the attention of the Department which felt that the tribe owed her a debt of gratitude and on March 25 1905 directed that the papers be returned to the agent with the suggestion that the Osage council in view of the many valuable services rendered by Mrs. Appleby admit her to the rolls to share in the quarterly cash annuities during the remainder of her lifetime. The agent, acting in accordance with the instructions. submitted the matter to the council on June 12, 1905. and fully explained the feeling of the Department; but the council refused to consent to the placing of the name of Mrs. Appleby upon the Osage roll.

The case was considered by the Department which on August 12. 1905 directed that the applicant be enrolled "to share in the quarterly cash annuities of the Osage tribe during the remainder of her lifetime with the understanding that such annuities or enrollment shall not give her any of the rights and privileges enjoyed by the full members of the tribe or that shall hereafter be enjoyed by such members, nor shall give her any back annuities or an allotment of land as an Osage Indian."

In accordance with this authority the name of Jane Appleby was placed upon the annuity roll of the Osage Nation for the purpose of receiving annuities.

The act of June 28, 1906 (34 Stat. L., 539), provides, inter alia:

"That the roll of the Osage tribe of Indians as shown by the records of the United States in the office of the United States Indian agent at the Osage Agency, Okla., * * * is hereby declared to be the roll of said tribe and to constitute the legal membership thereof."

On October 21, 1907, the Secretary of the Interior approved a recommendation from the Indian Office that Jane Appleby be not permitted to have any share in the final division of the lands and moneys of the Osage tribe of Indians, but that she be permitted, in accordance with the action of the Department on August 12, 1905, to receive annuities from the tribe during the remainder of her lifetime. The reasons for the conditional enrollment were to the effect "that under the act of June 28, 1906, the roll of the Osage tribe of Indians consisted of those names which were shown to be entitled to be thereon by the records of the United States in the office of the United States Indian agent at the Osage Agency, Okla., and that departmental instructions of August 12, 1905, were a part of such records, and it was shown by them that Jane Appleby was granted permission to share only in the quarterly cash annuities of the Osage tribe during the remainder of her lifetime, with the understanding that such annuities or enrollment should not give her any of the rights and privileges enjoyed by the full members of the tribe or that should hereafter be enjoyed by them, nor should it give her back annuities or an allotment of land as an Osage Indian."

On November 23, 1907, the Department denied a motion for a review in this case, holding that the same contentions substantially were presented in the motion for a review that had been theretofore considered at the time of departmental action of October 21, 1907.

It is shown that the Osage council on two occasions refused to enroll Mrs. Appleby and that since that time no favorable action upon her application has been taken. The action of the council was overruled by the Department for the reasons cited, so far as to permit her to share in the annuities, but it was clearly not its intention to place her on the rolls as a full member of the Osage tribe, and as she is not shown by the records of the United States in the office of the United States Indian agent at the Osage Agency, Okla., to be upon the roll of the Osage tribe of Indians-that is, to be one entitled to be listed as a full member of the tribe-she is not now entitled to enrollment under the act of June 28, 1906.

The Department considers that to place the name of Jane Appleby, a white woman, the widow of a white man, who has been for thirty-four years unable to procure recognition by the tribe, upon the tribal roll in accordance with the provisions of S. R. 70 would be to do a grievous wrong to the Osage people.

MRS. ISABELLA AULD FOR HER FOUR MINOR CHILDREN, ADDIE MAY, ARCHIE WILLIAM, HARRY, AND FLORA AULD (NOS. 2 TO 5, INCLUSIVE).

The Osage Indian agent, to whom this woman applied for the enrollment sought, thoroughly investigated her case and reported January 31, 1907, that, although given ample opportunity, she failed to furnish sufficient evidence legally to establish her claim of Osage blood; that she was enrolled and allotted land as a Kaw Indian; that she had never affiliated with or been recognized by the Osages as a member of their tribe, and that their national council rejected her application.

The records showed that she was an enrolled member of the Kaw tribe, and was allotted 396.40 acres of land on the Kaw Reservation under the act of July 1, 1902 (32 Stat. L., 636), which limited allotments to enrolled members of the tribe on December 1, 1901. Her minor children, born thereafter, did not receive land, and their rights of course follow the status of their mother as Kaws.

As the mother failed legally to establish Osage blood, or that her children had been affiliating with and recognized by the Osage tribe, which refused through its council to admit them, the Department, on April 16, 1907, denied the application.

Dr. H. M. Hamblin on March 23, 1908, filed an affidavit to the effect that he personally knows the applicant to be a full cousin of Weso Pappan, an eighth-blood Osage. Though she has failed to establish Osage descent as indicated, it seems that she is probably of mixed Osage and Kaw Indian blood.

As the mother elected to take her rights with the Kaws and received her pro rata share of the tribal funds and lands as an Indian, and as it is shown that her children, of probably a small degree of Osage blood, have never been affiliated with or recognized by the Osage tribe, I do not see that they have such rights in the tribe as would entitle them to share in its communal estate, especially over protest.

PEARL CALLAHAN (6).

In 1901 Mrs. Callahan (née Mrs. Gussman), a white woman, applied for the enroll ment with the Osages of her child Pearl, born July 10, 1895, and the case was submitted by the Indian Office on May 24, 1901, for the consideration of the Department. In submitting the case it was said briefly that the child was clearly shown to be the daughter of She-she, a full-blood Osage Indian and an enrolled member of the tribe; that the mother, who, when 17 years of age, was seduced by him while her parents were absent from home, was a woman of good reputation and desired the enrollment of the child for the purpose of properly providing for its rearing and education; that the father, who admitted the child to be his, was willing to have it enrolled if she would give it to him or permit him to raise it, and that the Osage council, which refused to sanction its enrollment, did so on the ground of illegitimacy, but said that it would agree to the enrollment of the child if its mother would let She-she have it or should she be willing to live with him as his wife. It was said also that the mother refused to do either, and that the facts and equity in the case clearly justified the enrollment of the child.

The Department declined to sanction the enrollment for the reasons "that it would not only be against public policy to admit the applicant to enrollment with the Osage Nation, but also in contravention of the rights of the nation to require it, without its consent, in fact, against its protest, to admit the child to communal interest in the lands, moneys, and other property of the tribe.

"Furthermore, the applicant seems to have been born in wedlock several months after the marriage and cohabitation of the mother with another than the alleged father, with whom there was no pretense of a tribal or other marriage of any sort, nor of any other than an unlawful and immoral and clandestine relationship.'

On January 22, 1907, the Department approved an opinion of the Assistant AttorneyGeneral of January 9, 1907, who held in effect that the scope of the provision of section 1 of the act of June 28, 1906 (34 Stat. L., 539), defining what should constitute the legal membership of the tribe, and directing the enrollment of all children born to Osage parents as therein specified, did not "permit illegitimate children who never lived with nor were recognized by nor affiliated with the Osage tribe to participate in the division of the communal lands and funds of the tribe."

The Department accordingly directed that she be not enrolled.

A motion for review was filed February 28, 1907, by Messrs. Kappeler & Merrilat, attorneys, and the case was again considered by the Department, with the result that on June 24, 1907, the Acting Secretary of the Interior adhered to the former action in the case for the same reasons as those given in the decision of January 22, 1907, heretofore mentioned. The motion was accordingly dismissed.

SIMON CLAVIER (NO. 7) AND VIRGIL HERRARD (NO. 13).

The applications of these persons were submitted on March 17, 1904, by R. V. Belt, an attorney, and were thoroughly investigated by the Osage agent.

The facts show that the persons named married members of the tribe and were, in 1874, enrolled therewith by Agent Gibson at the instigation of the chief of the Little Osage band; that the other bands of the Osages objected, and when Cyrus Beede became agent in 1878, requested that he strike their names from the tribal rolls, which was done, though neither agent reported his action to the Department; that Simon Clavier after the death of his Osage wife married a member of the Kaw tribe and made his home with her among the Kaws; and that the other applicant continued to reside on the Osage Reservation. It is shown also that the national council on November 28, 1904, unanimously and emphatically refused to sanction their enrollment with the tribe "on the ground that the applicants are white men and not entitled to share in the tribal benefits of the Osage Indians."

The Department on August 25, 1905, denied the applications and said: "There is nothing in the papers as presented which would justify the enrollment of the applicants after the refusal of the tribe to sanction their admission."

A review of the case fails to show such equity as would justify the giving, over the emphatic protest of the tribe as expressed through its council, of lands and funds from the Osage tribal estate to the white men named.

MRS. MARY J. R. CRUMP (NO. 8) AND HER CHILDREN, PAULINE CRUMP (NO. 9) AND EDWARD R. CRUMP (NO. 10), AND HER BROTHER, PETER M. REVARD (NO. 30); THE STRATTON FAMILY, CONSISTING OF SEVEN PERSONS (NOs. 31 To 37, INCLUSIVE), CHLORA LOVELAND (NO. 22), AND HATTIE AND MAMIE M'CRARY (NOS. 23 AND 24, RESPECTIVELY).

The applications of Peter M. Revard and his sister were investigated by the agent and submitted to the council, which, on November 28, 1904, unanimously rejected them. From the history of the family it is shown that their father was Louis Revard, who was born in Missouri in 1828 of a quarter-blood Osage woman and a white man; that the family lived near Kansas City, Mo., until about 1858, thence going to California where Peter and his sister were born and reared and were residing at the time they asked for Osage tribal rights; and that the father and one daughter came to the Osage Reservation in 1890 and were admitted to membership by an act of the Osage national council which was approved by the Department March 25, 1902.

On April 4, 1905, the Department denied enrollment to the present applicants, who are of about one-sixteenth Osage blood, for the reasons that they "were all born in California among the whites and now live there, and, as far as Indian blood is concerned, are practically whites and have all their lives exercised the rights of citizens of the State of California, and have never in any way whatever been identified with the interests of the Osage Nation, or have shown that it is their intention to cast their lot with the Osages."

In the case of the Stratton family the facts show that in 1904 George J. Stratton applied for the enrollment of himself and three of his children, Theresa, Therma, and Jerald Stratton, and of his sister, Mrs. Rosa Loveland (née Stratton), for herself and her two children, Flora Loveland and Mrs. Mamie McCrary (née Loveland), and her grandchild, Hattie McCrary. The cases were investigated by the agent and submitted to the national council, which unanimously rejected the applications.

From the facts presented in the case of this family it appears that Gabriel M. Stratton (the father of George J. Stratton and Mrs. Rosa Loveland) married a half-breed Osage woman and left the tribe about 1857, going with her to California, where the children named were born, reared, and married among the whites, and that the appli

cants up to the time of asking for tribal rights were residents of California and had never been affiliated or identified with the Osages.

The Department on March 28, 1905, denied their applications in view of the unanimous opposition of the tribal council to their admission and, "inasmuch as the present applicants have never affiliated with the tribe, are to all intents and purposes white persons, members of a white community, and not identified with the interests of the tribe, and have since their birth been citizens of the United States."

The cases of the Revard and Stratton families were subsequently reopened on a motion for review filed by Frank T. Crosthwaite, an attorney of this city, and were again investigated by the Indian agent and submitted to the Osage council, which again refused to sanction the admission of the applicants on the ground that no additional evidence had been furnished showing that they were entitled to tribal rights. The Department on December 3, 1907, adhered to its former adverse action in their cases and said:

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"An examination of the record clearly shows that no additional material evidence has been furnished in support of the applications of these parties. It is not claimed that they ever affiliated with the tribe or were in any way identified with its interests. In fact, it seems to be admitted that they will remove to the reservation only in the event of favorable action upon their applications. It is now urged in their behalf that under laws and decisions they would not forfeit their rights with the tribe by living apart therefrom, and that they were prevented from affiliating with the tribe and residing on the reservation under section 2134 of the Revised Statutes. * * "As to the other contention made, the laws and usages of a tribe have always been recognized as potent factors in determining membership therein. "It was held in said case (William Banks, 26 L. T., 71) that Banks's tribal relations were completely severed so far as his own acts could accomplish that end; that all tribal property among the Indians is held as communal property; but under the general rule governing in the matter of community property one who withdraws from the community or association thereby forfeits all his interests in the common property, and that Banks gave up all right to share in the common property unless relieved from the effect of the general rule by legislation. Reference was then made to certain acts of Congress and it was held, Banks's mother being a member by blood of the tribe and recognized as such at the time of her death, that he was entitled to the benefits conveyed by said acts. It is shown that the applicants now under consideration were all born in California, now live there, and have all their lives exercised the rights of citizenship in that State. It was further held in the case of Banks, supra, that the case of his children presented a different question. Their father had severed his tribal relations before their births and hence they can not claim to have been born members of this tribe. Neither is it claimed that any one of them was ever considered and recognized as having membership therein. It was therefore held that they were not entitled to allotment. The rules laid down in that case are squarely against the contentions made herein."

MAUDIE FROW KIER (FRONKIER) AND PANZY FRONKIER (NOS. 11 AND 12, RESPECTIVELY), AND BLON AND JUSTIN PAPPAN (NOS. 27 AND 28).

The applications of Mitchell Fronkier and Weso Pappan to have their respective children named above enrolled as Osages were submitted to the agent and thoroughly investigated. The council of the tribe unanimously rejected the applications.

The facts show that these children are of Kaw and Osage blood; that their parents have always affiliated with and resided among the Kaws, and that they have not been considered or recognized as members of the Osage tribe. It is shown also that Weso Pappan, of mixed Kaw and Osage blood, and his wife and one child were allotted lands with the Kaws, as were Mitchell Fronkier, of similar Indian blood, and family, including his children, who were then living at the time the allotments were made, and that these persons received their distributive shares of the Kaw tribal estate, including allotments of land, and became citizens of the United States under the provisions of section 10 of the undated Kaw agreement, ratified by the act of Congress approved July 1, 1902. (32 Stat. L., 636.)

On April 15, 1907, the Secretary of the Interior decided that the applicants, who are of about one-sixteenth Osage blood, were not entitled to enrollment, for the reasons that they were citizens of the United States, having been born after their parents became citizens of the United States under the law mentioned, and that they had never affiliated with or been recognized by the Osage tribe as members thereof.

On August 6, 1907, Judge Joseph F. Cooper, an attorney of this city, filed a motion asking that the cases be reopened and that he be given an opportunity to submit a brief therein and be heard orally. As no new facts material to the case were introduced the Department on September 28, 1907, denied his request.

With letters of January 15, 16, 20, and 30, 1908, H. M. Hamblin filed, as attorney in fact, certain additional affidavits in the above cases; and was advised in response that as the applications had been finally passed on by the Secretary of the Interior, in accordance with the provisions of the act of June 28, 1906 (34 Stat. L., 539), which act also provided that such determination "shall be final," the cases could not be given further consideration.

The additional evidence has been examined and is found to be merely cumulative of the applicants having Osage and Kaw blood. It in no way affects the status of the matter.

THE HUNT FAMILY, CONSISTING OF SIX PERSONS (Nos. 14 to 19, INCLUSIVE).

In 1901 John Thomas Hunt applied for the enrollment with the Osages of himself and his five minor children-William T., Thomas Jesse, Rhody May, Mary Elizabeth, and George Arthur Hunt. The applications were fully investigated by the Indian agent, who recommended that these persons be not admitted to membership for the reason that their Osage descent was not clearly established. It appears that John Thomas Hunt based his claim to Osage descent upon the fact that he is the son of Mrs. Elizabeth Hunt, formerly Elizabeth Javine, who is alleged to have been of Osage blood, and submitted as evidence in his case the alleged proof introduced by Mrs. Mary J. Clem (the daughter of Mrs. Elizabeth Hunt) when she was allowed to remain on the Osage rolls in 1891. It appears also that the names of Mrs. Mary J. Clem and family were included by the Osage national council in the list of persons charged with being unlawfully upon their tribal rolls; that in the investigation which followed in 1896, the Indian Office held that this family had no Osage blood and had gained admission to the tribal rolls by bribery and fraud. The Assistant Attorney-General for this Department, in his opinion of April 6, 1898, upon the case, decided that the Osage Nation bearing the burden of proof had failed to prove the charge that these persons had no Osage blood, and that the charges of bribery and fraud were not conclusively proven.

On July 23, 1901, the Department gave the case careful consideration and denied the application on the ground that John Thomas Hunt, on whom the burden of proof rested, failed to established his claimed Osage descent.

Under the provisions of the act of June 28, 1906, heretofore referred to, the principal chief of the Osage Nation prepared a list of persons whose enrollment as Osages was challenged by the tribe, and included in the list the names of the Clem family. The case was again considered by the Department, with the result that on November 6, 1907, it held that the evidence taken as a whole was of such character "that while it might be presumed therefrom that fraud was perpetrated in procuring the enrollment of these people, yet there is nothing sufficiently clear, direct, and convincing upon which to fairly predicate a finding that fraud was actually perpetrated.” The enrollment of Mrs. Mary J. Clem was accordingly sustained.

ANGELINE JAMES (NO. 20) AND NORA JAMES (NO. 21).

On April 26, 1906, Otwin (Anthony) James applied to have his minor children, Angeline, Nora, and Joseph Vivian James, enrolled with the Osages. The agent who investigated the case said that all the members of the council, including the old chief and the assistant chief, knew the applicants, and "were all of one accord in pronouncing them Kaws;" that the father of Otwin James was a mixed-blood Osage and Kaw; and that as none of the applicants had ever affiliated with the Osages he, the agent, looked "upon the case as one simply of speculation," and agreed with the council in refusing to admit them to membership.

The evidence clearly established the Osage and Kaw blood of the applicants, and established also that the father of Otwin married Margaret Curley, a Pottawatomie Indian, who continued to live among and affiliate with the Kaws, with whom he was enrolled, and that his children, including Otwin, were enrolled with their mother as members of the Pottawatomie tribe and were also carried on the Kaw rolls.

By a provision in the treaty of 1861 (12 Stat. L., 1192), with the Pottawatomies, as modified by the treaties of March 29, 1866 (14 Stat. L., 763), and February 23, 1867 (15 Stat. L., 533), certain members of the tribe became citizens of the United States and received their proportionate shares of the tribal benefits, both lands and moneys. Mrs. Curley and her children, including Otwin, received sometime prior to 1876 allotments of land and proportionate shares of annuities as Pottawatomies, and thereby became citizens of the United States. Her children were thereupon dropped from the Kaw rolls.