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Show 152 REPORT OF THE COXMIbI88IONEB OF INDIAN AFFAIRS. enrollment as a member of the Creek tribe of Indians. Section 28 of the Creek agreement provides, among other things, tha& no person except as herein provided shall be added to the rolls of citizenship of said tribe after the date of this agreement, and no peraon whomsoever shall be added to aaid rolls after the ratification of this agreement. This application was forwarded to the Department July 8, with the recommendation that the applicant be advised that the Department had no authority to grant him relief under existing law. Seminole rolls and citizenship.-December 26, 1900, the commission transmitted the complete Seminole roll. January 11, 1901, the office forwarded the roll to the Department with the recommendation that it be approved after the commission's action relative to enrolling cer-tain persons with the Seminoles and refusing to enroll others had been explained. The roll as prepared by the commission shows the names of 1,899 citizens of the Seminole Nation by blood and 858 Seminole freedmen, making in the aggregate 2,757 citizens of that nation. The Curtis Act declares: The several tribes may, by agreement, determine the right of pemns who for any reason may claim citizenship in two or more tribes, and to allotment of lands and distribution of moneys belonging to each tribe; but if no such agreement be made, then such claimant shall be entitled to such rights in one tribe only, and may elect in which tribe be will take such right; but if he fail or refuse to make such selection in due time, he shdl be enrolled in the tribe with whom he h88 resided, and there be given mch allotment and distributions, and not elsewhere. No person shall be enrolled who has not heretofore removed to and in good faith settled in the nation in which be claims citizenship. In July, 1849, Sam Mahasdy complained to this 05ee that while his father was a Chickasaw and his mother a Seminole by adoption, yet the commission had refused to enroll him and his brothers with the Chickasaws, although it had so enrolled his father. In forwarding the Seminole roll the office stated that the name Samuel Mahasdy was not found thereon, but that the name Samuel Mahardy, which did appear, probably referred to the same person, and it was recommended that the commission be called upon to explain why it had enrolled him with the Seminoles when he desired to be enrolled with the Chickasaws. The Department concurred, and January 12, 1901, the commission was instructed to furnish the information called for. But seven applicants for enrollment as Seminoles were refused by the commission. The commission's action in these cases was sustained by the Department and the roll of the Seminole Nation, which was made by the commission as of date December 15, 1900, was approved by the Department April 2, 1901. The commission's action in enroll-ing Samuel Mahardy with the Seminoles was also sustained. |