to diminish the estate passing, but to protect the grantee against his own improvidence."

§ 33. Act of April 26, 1906, vesting title in heirs or assignee.-Section 5 of the Act of April 26, 1906, provided for the issuance of patent in the name of the allottee, whether such patent issues before or after his death. It made such patent effective, not only to pass title to the allottee if living, but if dead to pass title to the lands therein granted to his heirs or his legal assigns, as if the patent or deed had issued to the allottee during his life. It was further provided that all patents theretofore issued, where the allottee died before the same became effective, should be given like effect; that is to say, that the patent should not fail for want of a grantee, and that it should pass title to the heirs where no valid conveyance had been made, and should also pass title to the grantee where a valid conveyance had been made. The same section required that all patents to allottees of the Five Civilized Tribes should be recorded in the office of the Commissioner to the Five Civilized Tribes before delivery, and when so recorded should operate to convey the legal title, and should thereafter be delivered under the direction of the Secretary to the party entitled to receive the same.

It has been held that the provisions of this section modify section 16 of the Choctaw-Chickasaw Supplemental Agreement, so as to, in effect, substitute the words "after recording in the office of the Commissioner to the Five Civilized Tribes" in lieu of the words "after issuance of patent"; * that is to say, that the issuance of patent as used in section 16 of the Choctaw-Chickasaw Supplemental Agreement meant delivery thereof so as to pass title, and that this section as to all of the tribes makes recording the equivalent of issuance and delivery of patent.

5 Libby v. Clark, 118 U. S. 250, 6 Sup. Ct. 1045, 30 L. Ed. 133: Schrimpscher v. Stockton, 183 U. S. 290, 22 Sup. Ct. 107, 46 L. Ed. 203; Schrimpcher v. Stockton, 58 Kan. 758, 51 Pac. 276.

6 In re Lands of Five Civilized Tribes (D. C.) 199 Fed. 811.

§ 34. Résumé of transactions involved in passing title to allottee. The selection of the allotment is the inception of the allottee's title. Upon the acceptance of the selection an entry is made upon the records of the officer in charge of allotment, and, in the case of the Five Civilized Tribes, of the Commission to the Five Civilized Tribes, of the selection and setting apart of said land to said allottee. Prior to the issuance of patent a certified copy of this allotment designation may be obtained for the purpose of showing that the same has been selected in allotment and such selection approved. Where allotments of the surface were made under the Act of June 28, 1898 (30 Stat. 497, c. 517), a certificate of selection was issued. The next step in the process of perfecting the allottee's title is an allotment certificate, or, under the General Allotment Act, a trust patent. The allotment certificate is conclusive evidence of the right of the allottee to the title to the lands allotted, and the trust patent is of the same effect, subject to such legislation as may have been enacted conferring upon the Secretary of the Interior authority to cancel trust patents. The issuance and delivery of the patent is the final act, vesting in the allottee a fee simple title. The selection of the land in allotment, and the acceptance of such selection by the allotting officer, and the issuance of the allotment certificate or trust patent, vest in the allottee a full equitable title, to which the legal title is added by the issuance of patent.

CHAPTER 8

ALLOTTEES AND ALLOTTED LANDS

Absentee Shawnee and Citizen Pottawatomie.
Cherokee.

Cheyenne and Arapaho.

Creek.

Chickasaw.

$ 35.

36.

37.

38.

39.

40.

41.

Iowa.

42.

43.

Choctaw.

Kansas or Kaw.

Kickapoo.

§ 35. Absentee Shawnee and Citizen Pottawatomie.Agreements for the allotment of the reservations of the Absentee Shawnees and Citizen Pottawatomies, identical in language, were entered into and approved by Act of Congress of March 3, 1891 (26 Stat. 1016, 1019, c. 543). This agreement contained a cession by said tribes of all of their right, title, and interest in and to their reservations, respectively, reserving out of the lands so ceded, however, an allotment for each member of the tribe.

Under the Pottawatomie Agreement 215,679.42 acres were allotted to 1,489 Pottawatomies, and under the Absentee Shawnee Agreement 70,791.47 acres were allotted to 563 members of the Absentee Shawnee tribe, 510.63 acres were reserved for government purposes, and the residue

opened to settlement by proclamation of the President, September 18, 1891.

§ 36. Cherokee.-There were allotted, under the Cherokee Allotment Agreement, 4,346,793.29 acres of land to 41,698 Indians and freedmen. Up to May 27, 1908, there were 41,511 allotments, distributed as follows: Cherokee by blood, 36,390; Cherokee freedmen, 4,925; Delaware Cherokee, 196.

§ 37. Cheyenne and Arapaho.-Allotments in the Cheyenne and Arapaho reservation were made to members of the Cheyenne and Arapaho tribes under an allotment agreement approved March 3, 1891. The reservation lands. of these two tribes were ceded to the United States, subject to the allotment to each and every member of the tribe of 160 acres of land.

Under this agreement 528,789 acres were allotted to 3,331 Indians, 231,828.55 acres were reserved for Oklahoma school purposes and 32,343.91 acres for military, agency, mission, and other purposes, and the residue, 3,500,562.05 acres, was opened to settlement by the President's proclamation of April 12, 1892.

§ 38. Creek.-There have been allotted, under the original and supplemental Creek Agreements, to 18,716 allottees, 2,999,360 acres, and sold by the Secretary of the Interior, 62,167 acres.

Up to May 27, 1908, the persons to whom allotments had been made under the Creek Agreements were distributed as follows: Creeks by blood, 12,895; Creek freedmen, 6,807.

§ 39. Chickasaw.-There were allotted to Chickasaw allottees under the Choctaw-Chickasaw Supplemental Agreement, pursuant to the original agreement, 3,801,236 acres of land up to May 27, 1908, to 10,955 allottees. Up to said date, the Chickasaw allottees were distributed as follows: Chickasaws by blood, 5,684; Chickasaw by intermarriage, 623; Chickasaw freedmen, 4,670.

There had been sold of the unallotted lands, to January 1, 1913, 519,975 acres, and there remain undisposed of 339,440 acres, including 7,839 acres segregated for coal and asphalt purposes.

§ 40. Choctaw.-There were allotted to Choctaw allottees under the Choctaw-Chickasaw Supplemental Agreement, pursuant to the Atoka, or original Choctaw-Chickasaw, Allotment Agreement, 4,303,666 acres. Up to May 27, 1908, the Choctaw allottees were distributed as follows: Choctaws by blood, 19,036; Choctaws by intermarriage. 1,585; Mississippi Choctaws, 1,356; Choctaw freedmen, 5,994.

The government had sold at public auction, up to January 1, 1913, 335,230 acres of unallotted lands. There are unsold and unallotted 2,273,327 acres, including 424,744 acres segregated for coal and asphalt purposes.

§ 41. Iowa. The lands of the Iowa Tribe of Indians were allotted under the provisions of an act to ratify and confirm agreements with the Sac and Fox Nations or Tribes of Indians and the Iowa Tribe of Indians of Oklahoma Territory, approved February 18, 1891.

Under this agreement there were allotted 8,605 acres to 108 Indians, 20 acres were retained in common for church, school, and other purposes, and the residue opened to settlement by the President's proclamation on September 18, 1891.

§ 42. Kansas or Kaw.-The Kaw reservation was acquired by purchase from the United States under Act of Congress approved June 5, 1872 (17 Stat. 228, c. 309). The reservation was allotted under the Act of Congress approved July 1, 1902 (32 Stat. 636, c. 1361); 99,644 acres being allotted to 247 Indians.

§ 43. Kickapoo.-An agreement for the allotment of the Kickapoo tribal lands was approved and ratified by Act of Congress of March 3, 1893. By this agreement the Kickapoos ceded to the United States, subject to the reservation