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Acts of a Supplemental Character

(7) Act of March 5, 1905 (33 Stat., 1048,1060} This act was supplemental to the regular enrollment acts and authorized the Commission to the Five Civilized Tribes, for 60 days following the approval of the act, to receive and consider the applications of certain newborn children for whose enrollment no provision had been made. This act was restrictive in three respects: (a) It restricted the right to make application to the offspring of persons whose enrollment had theretofore been approved by the Secretary of the Interior. This was probably an unintentional defect in the law, but nevertheless it operated to draw a sharp dividing line between claimants who were equitably entitled to exactly the same consideration. That this is true will be readily appreciated when it is recalled that, at .the date of said act, there were many worth citizens whose applications were pending and who were subsequently enrolled. There was no difference between such persons and others whose enrollment had been approved at an earlier date except that in the one case the administrative machinery had moved more slowly than in the other. (b) As the persons entitled to make application under the act must necessarily be the offspring of citizens whose enrollment had been approved by the Secretary of the Interior, there could be no question as to the citizenship of the children. Furthermore, it could not be questioned that such children were the wards of the Government and entitled to its assistance and protection. If such children were not, sifter securing their allotment, capable of holding the same except under restrictions, it was certainly most unfair...

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