the time of the making of the agreement on order of the President under the General Allotment Act.

The Pawnee agreement provides that the title to allotments made to Pawnees shall, except as otherwise expressly provided, be governed by all the conditions and limitations contained in the General Allotment Act, and the amendment thereof of February 28, 1891.

It is not otherwise expressly provided, so that the effect of this agreement is to subject Pawnee allotments to the provisions of the General Allotment Act, amendments thereto, and subsequent legislation sufficiently broad to be applicable to same.

§ 142. Restrictions on alienation-Peoria, Kaskaskia, Piankeshaw, Wea and Western Miami.-Notwithstanding the provisions of the General Allotment Act were extended to these tribes and their reservation by the Act of March 2, 1889,17 said act specifically provided that the lands allotted to members of said tribe should not be subject to alienation for twenty-five years from date of issuance of patent, and should be exempt during said period from levy, sale, taxation, or forfeiture. The statute requires the patent issued to the allottee to recite that the land therein described and conveyed shall not be alienated for twentyfive years from date of patent, and that it is not subject to levy, sale, taxation, or forfeiture, for a like period, and that any contract, agreement to sell or convey such lands or allotments so patented, entered into before the expiration of such time, shall be absolutely null and void.

§ 143. Confederated Peoria-Alienation of lands of allottees in excess of one hundred acres authorized by the Act of June 7, 1897.-It is provided by the Act of June 7, 1897,18 "That the adult allottees of land in the Peoria and

17 Buck v. Branson, 34 Okl. 807, 127 Pac. 436; United States v. Rundell (C. C.) 181 Fed. 887; Bowling v. United States, 191 Fed. 19, 111 C. C. A. 561.

18 Act June 7, 1897, c. 3, 30 Stat. 72.

Miami Indian reservation in the Quapaw Agency, Indian Territory, who have each received allotments of two hundred acres or more may sell one hundred acres thereof, under such rules and regulations as the Secretary of the Interior may prescribe."

This act is plain and unambiguous. Its application is to allottees who have received in allotment two hundred acres or more. Its authority is to convey upon approval of the Secretary of the Interior.

§ 144. Alienation-Restrictions on surplus lands-By Peoria, Kaskaskia, Piankeshaw, Wea and Western Miami -Removed. The Indian Appropriation Bill of May 27, 1902,1 contains the following provision applicable to these tribes, to wit: "That so much of the act approved March 2, 1889, entitled 'An act to provide for the allotment of lands in severalty to United Peorias and Miamis in the Indian Territory, and for other purposes,' which inhibits the sale of their surplus land for twenty-five years from said date, be, and the same is hereby, repealed." Under this provision the surplus lands of the allottees of these tribes became immediately alienable.

§ 145. Alienation-Secretary authorized to remove restrictions on-Of Peoria, Kaskaskia, Piankeshaw, Wea and Western Miami.-On March 3, 1909, the President approved an act authorizing the Secretary of the Interior to sell any or all tribal lands within the jurisdiction of the Quapaw Agency, and upon application of any adult member of either of the tribes belonging to the Quapaw Agency in the state of Oklahoma to remove the restrictions on any part or all of the lands allotted to such applicant, and to permit a sale under such terms and conditions as he should deem for the best interest of such applicant, excepting a tract of not less than forty acres, which is to be designated and held as a homestead. In other words, the Secretary is authorized to remove restrictions on alienation under

19 Act May 27, 1902, c. 888, 32 Stat. 263.

such rules and regulations as he may prescribe as to all allotted lands, except forty acres or more, to be designated as a homestead. This provision did not apply to the Modoc Tribe.

§ 146. Alienation-Restrictions on-Quapaw.—The tribal lands of the Quapaws were allotted by order of the National Council of the tribe, and the allotments so made were ratified and confirmed and approved by the Act of March 2, 1895.20 The Secretary of the Interior was authorized to issue patents to allottees in accordance with the provisions of said act.

Allotments to members of the Quapaw tribe are made inalienable for a period of twenty-five years from date of patent. It has been held that the restrictions upon alienation, under the Quapaw agreement, run with the land, and prohibit not only the allottee but his heirs from conveying within the prescribed period.21

The Secretary of the Interior is authorized by the Act of March 3, 1909,22 upon application of an adult member of the Quapaw tribe of Indians to remove restrictions upon any part or all of the allotted lands, except the homestead, of said applicant, and to permit the sale thereof, under such terms and conditions as he may deem for the best interest of the applicant.

§ 147. Restrictions on alienation-Sac and Fox.-Under the Sac and Fox Allotment Agreement the Secretary of the Interior is required to cause patents to issue in the name of the allottees, which shall be of legal effect and declare that the eighty acres of land designated and described by the allottee shall be held in trust by the United States for a perod of twenty-five years for the sole use and benefit of the allottee or his heirs, according to the laws of

20 See chapter 74.

21 Goodrum v. Buffalo, 162 Fed. 817, 89 C. C. A. 525; United States v. Abrams (C. C.) 181 Fed. 847; United States v. Abrams, 194 Fed. 83, 114 C. C. A. 160; Tidwell v. Dobson (Okl.) 131 Pac. 693. 22 See chapter 75.

the state or territory where the lands are located, and that the other eighty acres shall be held in trust by the United States for a period of five years, or if the President of the United States will consent, for fifteen years, under like conditions, and at the expiration of the trust period the United States will convey by patent to the allottee or his heirs the allotted lands in fee, discharged from such trust and free of all incumbrances. Final patents were not to

issue to an orphan until he or she should have attained the age of twenty-one years or should have married. In order to prevent the question of age being made subject to future inquiry, it was agreed that the same should be fixed and ascertained by the person makng the allotment, and by him reported to the Department of the Interior, and the age of any allottee so reported should be conclusive in carrying out the provisions of the agreement. The provision with reference to the eighty acres selected as a homestead is in subtance the same as that of the General Allotment Act. The eighty acres in excess of the homestead is also held under provisions similar to those of the General Allotment Act, but for a limited period of five years, or for fifteen years if the President shall so direct, though there is no direct provision against alienation. Such lands are undoubtedly, in the absence of further legislation, inalienable during the trust period.

§ 148. Alienation-Restrictions on by Wichita and affiliated bands.-The Indian Appropriation Act approved March 2, 1895,28 contains an agreement between the United States and the Wichita and affiliated bands for the allotment in severalty of the Wichita reservation. There was located upon the Wichita reservation and affiliated with the Wichita tribe a few scattering members from tribes. located in Oklahoma and elsewhere. These were termed affiliated members of the tribe, and received allotments pursuant to said agreement, and not in accordance with the

28 See chapter 78.

allotment agreement with the tribe to which they originally belonged, and from which they had become separated. Under this agreement the title of the allottees of the Wichita reservation is to be held in trust for a period of twenty-five years, in the manner and to the extent provided in the General Allotment Act. It also contains specific provision that the title to the allotment shall, at the expiration of twenty-five years, be conveyed to the allottee or his heirs free from all incumbrance.

The right to alienate by Wichita allottees is controlled by the General Allotment Act, amendments thereto and subsequent legislation affecting the right of alienation of allottees of Indian lands in Oklahoma.