ENROLLMENT OF ROBERT FIX AND OTHERS, MISSISSIPPI CHOCTAW INDIANS MONDAY, JUNE 21, 1937 UNITED STATES SENATE, COMMITTEE ON INDIAN AFFAIRS,. Washington, D. C. The committee met, pursuant to adjournment, at 10:30 a. m., from Thursday, June 10, 1937, in room 424-A, Senate Office Building, Senator Elmer Thomas of Oklahoma presiding. Present: Senators Thomas of Oklahoma (chairman), Wheeler, Chavez, and Frazier. Present also: Hon. John Collier, Commissioner of Indian Affairs. The CHAIRMAN. The committee will be in order. On a former occasion the committee had under consideration a bill in behalf of Mr. Fix and others. Hearings were held last year on the bill, and likewise hearings were started this year on a similar bill. I understand that Mr. Fix is present and wants to make a brief statement, and thereafter to request permission to file as part of his remarks and in support of his position some letters, statements, and documents. That permission will be granted if there is no objection. Also, if the opponents of the bill desire to answer the letters and documents filed by Mr. Fix, they will be given that privilege. Mr. Fix, how much time will it take you to finish your statement? Mr. Fix. It will take me only a few minutes. STATEMENT OF ROBERT FIX, WASHINGTON, D. C.--Resumed Mr. Fix. Mr. Chairman, what I am trying to do is to obviate the necessity of taking up the time of you gentlemen here when I cannot see any real necessity for it, because the other record is already made, and the only thing I have in addition to that is the filing of certain letters and documents. The Interior Department has examined the records, and I have a letter showing that I am a Choctaw ward of the Government. I should also like to, have the record show the records which the Department sent to Mississippi of the patent on this land down there, with no heirs to give it to. In addition, if the committee should desire it, I have the books here with regard to the removal. There are not many of them printed. If it is desired to have those for educational purposes, I shall be glad to give them to the committee. Senator FRAZIER. Why do you not just write out a statement to go in the record, and submit the written statement with the letters and other material you want to put in the record, and we will have that put in the record? Mr. Fix. That is satisfactory to me. 21 The CHAIRMAN. You will be accorded that privilege. Submit your data to Mr. Grorud, and he will make up the record. Mr. Fix. I thought that would save the time of the committee. So far as the enrollment bill is concerned, I do not care anything about the enrollment bill. It is the appropriation bill that I would like to see passed, and I understand that the attorney has made some recommendations. I do not know what they are. The CHAIRMAN. Very well, Mr. Fix. Thank you. (Thereupon, at 10:35 a. m., the hearing in the above-entitled matter was concluded and the committee proceeded to the consideration of other business.) (The following letters and documents are submitted for the record by Mr. Robert Fix:) Mr. JESSE FIX, Shawnee, Okla. MUSKOGEE, INDIAN TERRITORY, June 30, 1900. DEAR SIR: Your letter to hand. In reply will say that it is not too late to make the application, and if you will send the amount of costs, $14.50, and the names of the parties written plainly, and the name of the ancestor from whom you claim blood also written plainly, I will forward you contract just like the one I signed. You will get this letter Sunday, and you can attend to the matter immediately, and upon receipt of your letter will forward you my contract. Hoping to hear from you at once, I remain, S. HEARD. COMMISSION TO THE FIVE CIVILIZED TRIBES, DEPARTMENT OF THE INTERIOR, Muskogee, Indian Territory. GENTLEMEN: June 20, 1902, you transmitted the record in the consolidated case involving the application of Cyrus H. Fix for himself and his three minor children, Sarah M., James E., and Laura Fix; of Mary J. Wood for herself and her two minor children, Ivy Olah and Jessie E. Wood; of Cyrus L. Fix for himself; of Sarah Myrtle Bauman for herself and her three minor children, Charles Benjamin, Leslie Raymer, and Viola May Bauman; of Delila Jane Bush for herself and her minor child, Gracie Helen Bush; of William H. Bush for himself; of Delila J. Weis for herself; of John N. Bush for himself; of Lucy Mitchell for herself and her three minor children, Laurence, Lula, and Wayne Mitchell; of Isador Bush for himself; of Nora Navarre for herself; of Jesse Fix for himself, his wife, Susan E. Fix, and his four minor children, Phillip, Clara, Robert, and Gertie Fix; and of William H. Fultz for himself, his wife Emma Fultz, and his four minor children, Louis A., Goldie E., Essie H., and Katie F. Fultz, for identification as Mississippi Choctaws, including your decision of June 10, 1902, refusing to enroll the applicants. The said Cyrus H. Fix and Delila Jane Bush attempt to trace their descent through their mother, Delila Fix, formerly Simon or Simons, to Sarah Simon or Simons, formerly Sarah Picayune. The latter was the daughter of one Peter Picayune, an alleged full-blood Mississippi Choctaw. The other applicants, except the ones hereinbefore named, are the children or grandchildren of either the said Cyrus F. Fix or Delila Jane Bush. The applicants Susan E. Fix and William H. Fultz, attempt to trace their descent through their mother, Elizabeth Fultz, formerly Elizabeth Paten, or Patent, or Patten, to their grandfather, Jacob Paten, or Patent, or Patten. The applicant Emma Fultz alleges that her great grandfather was Peter Picayune. She does not state, however, the name of any less remote ancestor. The testimony as shown by the record, fails to prove that any of the ancestors above named was, or claimed to be, entitled to the benefits of article 14 of the treaty of September 27, 1830. August 13, 1902, the Acting Commissioner of Indian Affairs, reporting in the matter stated that "The office records have been examined and it appears from them that no person by the name of Fix, Simons, Picayune, Paten, or Patton, ever complied with the provisions of said article (14 of the treaty of Sept. 27, 1830), or ever received land or scrip as beneficiaries thereunder." In view of the testimony and records referred to above, it cannot be said that the applicants have established their claim for identification as Mississippi Choctaws. In said report of August 13, 1902, the Acting Commissioner of Indian Affairs recommended that your decision be approved. The Department concurs in said recommendation and the same is hereby affirmed. A copy of the Acting Commissioner's letter is enclosed herewith. Respectfully, F. L. CAMPBELL, Acting Secretary. DEPARTMENT OF THE INTERIOR, SUPERINTENDENT FOR THE FIVE CIVILIZED TRIBES, This is to certify that I am the officer having custody of the records pertaining to the enrollments of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians, and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of letter addressed to Commission to the Five Civilized Tribes, dated November 5, 1902, approving the decision rendered, in re application for identification of Cyrus H. Fix et al., as Mississippi Choctaws. DEAR SIR: Kindly advise if Jesse Fix, a Mississippi Choctaw Indian, and family are registered at your agency. Thanking you for a prompt reply, I am, Yours very truly, E. H. CHERRY. P. S.-Fix died in 1916 and his son is trying to find the registration. DECEMBER 27, 1929. Mr. E. H. CHERRY, Oakland, Calif. DEAR SIR: In reply to your letter of recent date with reference to the claim for enrollment as Mississippi Choctaws of Mr. Jesse Fix and the members of his family, you are advised that the records of this office show application for their enrollment was rejected by the Commission to the Five Civilized Tribes and, therefore, they were not enrolled as members of the Choctaw Tribe of Indians, and this case is now considered as closed. You are further advised that the rolls for the Five Civilized Tribes—namely, Cherokee, Choctaw, Chickasaw, Creek, and Seminole Tribes of Indians-were completed and closed by law on March 4, 1907, as provided by the act of Congress, approved April 26, 1906 (34 Stat. 137). Both this office and the Department at Washington are now without authority to add any new names to such rolls or consider applications for enrollment. Only those persons whose names appear on these rolls received land and money. No action can be taken looking to the enrollment and allotment of land to any person as a member of any of these tribes unless there shall be further legislation by Congress authorizing the reopening of the rolls, but legislation of this character is not expected. OAKLAND, CALIF., November 24, 1929. SUPERINTENDENT LAND DIVISION, FIVE CIVILIZED TRIBES, Muskogee, Okla. DEAR SIR: I desire information relative to the enrollment records of Jesse Fix, reference your office, Land Division, 55008-19; WHA-PSR; July 21, 1919. I am in possession of a letter from your office, bearing the above reference, indicating that a certified copy of the records in the case of enrollment as a Choctaw Indian of Cyrus Fix and Jesse Fix would be supplied in consideration of remittance of $9.75 and $7.75, respectively. Thus I would assume that such act would subject you to no unlawful obligation to the Government. Consistant therewith, I feel justified in asking the following, which I trust you will kindly reply to: Within the records referred to, is there an affidavit indicating the percentage of Indian blood claimed by either Cyrus or Jesse Fix? Do the records indicate that the claim for enrollment of either Cyrus or Jesse Fix was entered and received by the superintendent, or other authority, of the Five Civilized Tribes for an allotment consistent therewith. Please reply early and oblige. Respectfully, ROBERT FIX. DECEMBER 27, 1929. Mr. ROBERT FIX, Oakland, Calif. DEAR SIR: In reply to your letter of recent date in regard to the enrollment of Jesse Fix as a Mississippi Choctaw, you are advised that the records of this office show application was made for the identification of Mr. Fix as a onefourth Mississippi Choctaw, his wife as one-sixteenth, and his four children, namely, Phillip, Clara, Robert, and Gertie Fix, as five-thirty-seconds, on November 9, 1900. However, such application was denied by the Dawes Commission on June 10, 1902, and such decision of the Commission was approved by the Secretary of the Interior on November 5, 1902; therefore, Mr. Fix and his family were not enrolled as members of the Choctaw Tribe of Indians, and this case is now considered closed, as the rolls for the Five Civilized Tribes, namely, Cherokee, Choctaw, Chickasaw, Creek, and Seminole Tribes of Indians, were completed and closed by law on March 4, 1907. Respectfully, Acting Superintendent. DEPARTMENT OF THE INTERIOR, This is to certify that I am the officer having the custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians and the disposition of the land of said tribes, and the following described papers, attached hereto, are true and correct copies of the entire enrollment record on file in this office in connection with the application of Jesse Fix. Roll no. (not enrolled) for enrollment as Mississippi Choctaw applicant of the Choctaw Nation: Mississippi Choctaw rejected card no. 1024; memoranda; testimony dated November 9, 1900, March 31, 1900; letters dated September 12, 1900, December 6, 1900, January 8, 1901, June 20, 1902; decision dated June 10, 1902, in re application for the enrollment of Jesse Fix as Mississippi Choctaw. [SEAL] FEBRUARY 26, 1930. A. G. MCMILLAN, Acting Superintendent. Commissioner C. J. RHOADS, WASHINGTON, D. C., December 21, 1931. Bureau of Indian Affairs, Department of the Interior, Washington, D. C. DEAR MR. COMMISSIONER: Will you kindly advise me in what manner the records were kept of the wives and children of the Mississippi Choctaws who were removed from Mississippi to Oklahoma? Also kindly advise if the mothers and children were enrolled by name on their arrival in Oklahoma. Thanking you in advance, I am, Yours very truly, AFFIDAVIT ROBERT FIX. POTTAWATOMIE COUNTY, State of Oklahoma, 88: Willard Johnson, being first duly sworn, upon oath deposes and says that he has been a resident of Pottawatomie County, Okla., for the past 36 years; that he is chairman of the board of directors of the State National Bank of Shawnee, Okla.; that he knows and has known Jesse Fix and Susan E. Fix, and knows that they lived in Oklahoma from 1899 to 1904; that Jesse Fix could not read or write the English language, except that he could, with some difficulty, sign his name; that by reason of his ignorance of business methods at one time he was defrauded out of 80 acres of land by a person making certain misrepresentations; that most of his business was transacted by his wife, and that when it became necessary for Jesse Fix to prepare anything in writing his wife did so for him. WILLARD JOHNSON. Subscribed and sworn to before me this 10th day of April 1931. [SEAL] JOSEPHINE GREEN, Notary Public. My commission expires December 11, 1933. NOVEMBER 15, 1936. MY DEAR HECTOR: The inclosure is self-explanatory. Mr. Fix has had no reply, although he wrote a "follow-up" letter about 4 weeks ago. He is, naturally, quite anxious to get some action on this matter, as it may mean a good deal to him. His letters have not been returned to him; and hence, apparently, they were received. The firm to which they were addressed must, therefore, be still in existence. Will not you be good enough, as a personal favor to me, to get in touch with these lawyers and find out whether they intend to do anything with the case; and if not, could you turn the original letter (of which the inclosed is a copy) over to another firm which will take up the matter along the lines indicated, with the view of making an effort to supply Mr. Fix with the information which he desires? I hope you will not regard this request as an imposition, as I am presuming on our long friendship to ask your assistance in connection with the case. Kindly advise me direct what you do, and return the inclosure. With kind regards and best wishes to you and the family, I am, Sincerely yours, % Indian Office. TURIN B. BOONE. P. S.-Congratulations on the good record you are making at the Choctaw Agency. |