HARRIET W. JAMES, et al )
)
Plaintiffs, )
)
v. ) No. C-82-2
)
HOLLIS E. ROBERTS, et al )
)
Defendants. )

Now on this 17th day of March, 1982, this cause came on for hearing on application of the plaintiffs for a writ of mandamus directed to the Chief of the Choctaw Nation and others, and after examining the contents of the file in the case and after being fully advised in the premises and upon the agreement of counsel for the parties hereto, the Court finds, and it is therefore Ordered, Adjudged and Decreed that:

1. The Tribal Council of the Choctaw Nation of Oklahoma enacted legislation directing the payment of the sum of $2,000.00 to Choctaw Nation Enterprises, Inc. Said legislation was vetoed by the Chief and said veto was overridden by the necessary number of votes by the Tribal Council. The Hon. Hollis Roberts, Chief of the Choctaw Nation of Oklahoma, and the Hon. Robert Gardner Assistant Chief of the Choctaw Nation of Oklahoma, and Sherri Hensley, Finance Officer of the Choctaw Nation of Oklahoma, have informed this Court through counsel that the legislation enacted by the Tribal Council directing the office of the Chief to issue a check to Choctaw Nation Enterprises, Inc., does not sufficiently notify or direct them as to the person or persons to whom said check should be issued.

2. Since it is apparent that the Tribal Council of the Choctaw Nation intended the sum of $2,000.00 to be paid to the plaintiffs in another action pending before this Court, to-wit, Malcolm Wade, et al v. Hollis Roberts, et al, wherein Malcolm Wade and other have instituted a lawsuit wherein they seek to have this Court determine that they are the true Board of Directors of Choctaw Nation Enterprises, Inc., and since that issue is still pending before this Court and has not been decided or resolved, the Court has made inquiry as to whom the check should be issued by the Chief of the Choctaw Nation.

3. Upon said inquiry, and through conference at the bench with counsel for the parties, it was determined that a check in the sum of $2,000.00 should be issued to "Emerson Wade, as purported President of the Choctaw Nation Enterprises, Inc.," and deposited in Account No. 104 241 6, First National Bank of McAlester, an account established by the purported Board of Directors of Choctaw Nation Enterprises, Inc.

4. This order to the Chief of the Choctaw Nation to disburse the funds to said Emerson Wade for deposit in said account in no way decides or resolves the issue of whether Emerson Wade and other persons purporting to serve as Board of Directors of Choctaw Nation Enterprises, Inc., by virtue of appointment by the Tribal Council or whether the true and rightful members of the Board of the Choctaw Nation Enterprises, Inc., are those persons serving by virtue of executive appointment. Those issues remain to be resolved in another case pending before this Court.

5. In light of the foregoing, the Chief of the Choctaw Nation, Hollis Roberts, or Robert Gardner, Assistant Chief of the Choctaw Nation, or in the alternative Sherri Hensley, Finance Officer, of the Choctaw Nation, are directed to issue a check in the sum of $2,000.00 drawn on the Arkansas River Bed Account, made payable to the order of "Emerson Wade, as purported President of the Choctaw Nation Enterprises, Inc."; Emerson Wade is hereby directed by the Court to accept the check and deposit it in Account No. 104 241 6, First National Bank of McAlester, an account established by the purported members of the Board of Directors of the Choctaw Nation Enterprises, Inc., and to expend said money in accordance with the enactment of the Tribal Council of the Choctaw Nation of Oklahoma.

6. All requirements for issuance of a writ of mandamus have been met, but upon the performance of the acts directed by this order, no writ will issue and the cause will be dismissed upon notification by counsel for plaintiffs of receipt of the check.

JOE C. TAYLOR, Presiding Judge, ED CURTIS, Judge, CHARLEY G. JONES, Judge