The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-05-22
DECISION OF COURT
IN TOO LATE CASE
lconanuea e - -

ed 10 enrolment and f8s8 Applications
therefor after the tne prescribed. ans
tie tribal ooanril 0t the c'htrakeHs haa
requested ahas ch16ren bSgn after SER
tember Z. 1899. an dheaars March l.
1886. who bat IL rtae limitation IL -he
act Of JalF j.. 1861 would be entitled ID
participate ia lha allotment and dis
tributl0n fine tribal lands ana
moneys equally with members bara
prior thereto. be aamlt1ed 10 suea
particlpatsua fpossible, and L thEa
could not he dome. that ahph child born
between those dates be given SAN of
loney sufi5cien4 to placs him, as a.
as possible. on an equal foaaHs wath
the others
| The at 0f Agra "a, 1896, unlIse thas
Of gaIy / 1so2, was moi Emitted to the
/ iCherokees buf Il did u express terms
include them Rg its twenty ighth SEQ
fioa ii eanfiupsa the tribal axistanee
az d1ae tribal government Is 5usi 5n-
dicatsd by tns first section il Harhoria-
ed III senrallmen1 of class af persons
whose applications therefor were maa=
prior to December j. 1895. ana ware
10 tallowed solely because not made
in time. and by its second section. Is
amended June "a. 1896, s4 stat So
s4l, C. s58a. II provided Is follows
THAT for ninety days after approval
hereof applications shah bs received
for enrolment Of children. who we're
minors living March fourth. nineteen
hundred and SIX whose parents have
been enrolled as members Of the
ChoctaW. Chiekasaw. CheTokee. or
Greek tribes or hare applications for
enrolment pending at the approval
hereof. and for the purpose Of enroll
ment under this section nlegitimate
children shall take the status Of the
mother. and allotments shall be made
to children 90 enrolled. II any citizen
o fthe Cherokee tribe shall fail to re-
eeive the full quantity of land 20
which he is entitled as an allotment,
be shall be paid ont OF any funds OF
such tribe sum equal to twice the
Appraised value Of the amount Of land
thus deficient, Provided, That the
rolsl OF the tribes affected by this Act
shall be fully completed on or before
the fourth day Of March, nineteen hum
dred and seven. and the Secretary Of
the Interior shall have no jurisdiction
TO approve the enrolment Of any per
50 natter said date. Provided. That
nothing herein shall be construed so
as hereofter to permit any person to
file an application for enrolment or
to be entitled to enrolment in any of
said tribes. except for minors the chill
dren Of Indians by blood. or OF freed
men members Of said tribes. as herein
otherwise provided"
| Eg Is sixteeaeh and seventeenth ses.
fions Il further provides that after
the making fthe allotments provided
for In that and other acts, the resi-
due of the lands, not reserved or other
wise disposed Of. should be sold by
the Secretary o fthe Interior an dthe
proceeds deposited in the United
States Treasury otbe credit Of the
tribe. together with moneys arising
from other sources. and that there
latter and when al 1.-The Just charges
Iagainst the tribal funds should be de-
Quoted therefrom. the remaining funds
lshould be distributed per capita 10 the
member sthen living and to the heirs
of deceased members named fl fae
finally approved rolls.
| The controversy here arises out Of
the provision in fthe act OF Apt,
/ &c. 1906, as amended June q following
| 70 rth eenrollment Of children aho
were minors living March 1. i99f.
whie hthe defendants regard as ineIud-
| ing children born after septemhe /.
1902. and living on March 4. 1906 Tie
appellants contend. first. tha lit does
not include children born after sep
tember !. 1902 but only such as weie
born prior to that date and for whom
/ no application 10 renrollment waa
made with nthe time limited by tie
act Of July /, 1902 that Is on or before
Oetbber 81, 1902; and. second. thar i
it does include children born affey
September l. 1902. il arbitrarily takes
fro mthe appella ifs an dothers SIN.
tlriy situated property which is theirs
and gives ito others. and before i
ioiatiye of due process of law Tie
last contention rests uRon anothe. ~
taat the act Of July |. 1902, vested II
the members living on September |
I1eQa uhn tun~n aaralIad ,snaar fhat