§ 719. Secretary to sell buildings and property of tribes. -[15]. The Secretary of the Interior shall take possession of all buildings now or heretofore used for governmental, school, and other tribal purposes, together with the furniture therein and the land appertaining thereto, and appraise and sell the same at such time and under such rules and regulations as he may prescribe, and deposit the proceeds, less expenses incident to the appraisement and sale, in the treasury of the United States to the credit of the respective tribes: Provided, that in the event said lands are embraced within the geographical limits of a state or territory of the United States such state or territory or any county or municipality therein shall be allowed one year from date of establishment of said state or territory within. which to purchase any such lands and improvements within their respective limits at not less than the appraised value. Conveyances of lands disposed of under this section shall be executed, recorded, and delivered in like manner and with like effect as herein provided for other convey

ances.

§ 720. Freedmen-Certain preference rights given to.[16]. That when allotments as provided by this and other acts of Congress have been made to all members and freedmen of the Choctaw, Chickasaw, Cherokee, Creek and Seminole Tribes, the residue of lands in each of said nations not reserved or otherwise disposed of shall be sold by the Secretary of the Interior under rules and regulations to be prescribed by him and the proceeds of such sales deposited in the United States treasury to the credit of the respective tribes. In the disposition of the unallotted lands of the Choctaw and Chickasaw Nations each Choctaw and Chickasaw freedman shall be entitled to a preference right, under such rules and regulations as the Secretary of the Interior may prescribe, to purchase at the appraised value enough land to equal with that already allotted to him forty acres in area. If any such purchaser fails to make payment BLED.IND.(2D ED.)—38

within the time prescribed by said rules and regulations, then such tract or parcel of land shall revert to the said Indian tribes and be sold as other surplus lands thereof. The Secretary of the Interior is hereby authorized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickasaw Nations, which is not principally valuable for mining, agricultural, or timber purposes, in tracts of not exceeding six hundred and forty acres to any one person, for a fair and reasonable price, not less than the present appraised value. Conveyances of lands sold under the provisions of this section. shall be executed, recorded, and delivered in like manner and with like effect as herein provided for other conveyances: Provided further, that agricultural lands shall be sold in tracts of not exceeding one hundred and sixty acres to any one person.

§ 721. Disposition of tribal funds.-[17]. That when the unallotted lands and other property belonging to the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians have been sold and the moneys arising from such sales or from any other source whatever have been paid into the United States treasury to the credit of said tribes, respectively, and when all the just charges against the funds of the respective tribes have been deducted therefrom, any remaining funds shall be distributed per capita to the members then living and the heirs of deceased members whose names appear upon the finally approved rolls of the respective tribes, such distribution to be made under rules and regulations to be prescribed by the Secretary of the Interior.

§ 722. Secretary authorized to collect tribal funds.[18]. That the Secretary of the Interior is hereby authorized to bring suit in the name of the United States, for the use of the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes, respectively, either before or after the dissolution of the tribal governments, for the collection of

any moneys or recovery of any land claimed by any of said tribes, whether such claim shall arise prior to or after the dissolution of the tribal governments, and the United States courts in Indian Territory are hereby given jurisdiction to try and determine all such suits, and the Secretary of the Interior is authorized to pay from the funds of the tribe interested any costs and necessary expenses incurred in maintaining and prosecuting such suits: Provided, that proceedings to which any of said tribes is a party pending before any court or tribunal at the date of dissolution of the tribal governments shall not be thereby abated or in any wise affected, but shall proceed to final disposition.

Where suit is now pending, or may hereafter be filed in any United States court in the Indian Territory, by or on behalf of any one or more of the Five Civilized Tribes to recover moneys claimed to be due and owing to such tribe, the party defendants to such suit shall have the right to set up and have adjudicated any claim it may have against such tribe; and any balance that may be found due by any tribe or tribes shall be paid by the treasurer of the United States out of any funds of such tribe or tribes upon the filing of the decree of the court with him.

§ 723. Extension of restrictions upon alienation by fullblood allottees.-[19]. That no full-blood Indian of the Choctaw, Chickasaw, Cherokee, Creek or Seminole Tribes shall have power to alienate, sell, dispose of, or encumber in any manner any of the lands allotted to him for a period of twenty-five years from and after the passage and approval of this act, unless such restriction shall, prior to the expiration of said period, be removed by act of Congress; and for all purposes the quantum of Indian blood possessed by any member of said tribes shall be determined by the rolls of

• United States v. Rea-Read Mill & Elevator Co. (C. C.) 171 Fed. 501; United States v. Dowden (C. C.) 194 Fed. 475, reversed in principle as to lands allotted in name of Choctaw-Chickasaw allottee, by Mullen v. United States, 224 U. S. 448, 32 Sup. Ct. 494, 56 L. Ed. 834.

citizens of said tribes approved by the Secretary of the Interior: "

§ 724. Leases by full-blood allottees.-[19]. Provided, however, that such full-blood Indians of any of said tribes may lease any lands other than homesteads for more than one year under such rules and regulations as may be prescribed by the Secretary of the Interior; and in case of the inability of any full-blood owner of a homestead, on account of infirmity or age, to work or farm his homestead, the Secretary of the Interior, upon proof of such inability, may authorize the leasing of such homestead under such rules and regulations:

§ 725. Conveyances before patent not to be held invalid. -[19]. Provided further, that conveyances heretofore made by members of any of the Five Civilized Tribes subsequent to the selection of allotment and subsequent to removal of restriction, where patents thereafter issue, shall not be deemed or held invalid solely because said conveyances were made prior to issuance and recording or delivery of patent or deed; but this shall not be held or construed as affecting the validity or invalidity of any such conveyance, except as hereinabove provided; and every deed executed before, or for the making of which a contract or agreement was entered into before the removal of restrictions, be and the same is hereby, declared void:

7 Tiger v. Western Inv. Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. Ed. 738; Heckman v. United States, 224 U. S. 413, 32 Sup. Ct. 424, 56 L. Ed. 820; United States v. Comet Oil & Gas Co. (C. C.) 187 Fed. 675; United States v. Shock (C. C.) 187 Fed. 862; Id. (C. C.) 187 Fed. 870; Frame v. Bivens (C. C.) 189 Fed. 785; Reed v. Welty (D. C.) 197 Fed. 419; Bartlett v. United States (C. C. A.) 203 Fed. 410.

8 Tiger v. Western Inv. Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. Ed. 738; United States v. Comet Oil & Gas Co. (C. C.) 187 Fed. 674; Jennings v. Wood, 192 Fed. 507, 112 C. C. A. 657; Morrison v. Burnett, 154 Fed. 617, 83 C. C. A. 391; Cowles v. Lee (Okl.) 128 Pac. 688; Kol

• Mullen v. United States, 224 U. S. 448, 32 Sup. Ct. 494, 56 L. Ed. 834; Goat v. United States, 224 U. S. 458, 32 Sup. Ct. 544, 56 L. Ed. 841; Casey v. Bingham (Okl.) 132 Pac. 663.

§ 726. Lands-When subject to taxation.-[19]. Provided, further, that all lands upon which restrictions are removed shall be subject to taxation, and the other lands shall be exempt from taxation as long as the title remains in the original allottee.10

§ 727. Allottees-May lease when.-[20].

That after

the approval of this act all leases and rental contracts, except leases and rental contracts for not exceeding one year for agricultural purposes for lands other than homesteads, of full-blood allottees of the Choctaw, Chickasaw, Cherokec, Creek, and Seminole Tribes shall be in writing and subject to approval by the Secretary of the Interior and shall be absolutely void and of no effect without such approval: Provided, that allotments of minors and incompetents may be rented or leased under order of the proper court: Provided further, that all leases entered into for a period of more than one year shall be recorded in conformity to the law applicable to recording instruments now in force in said Indian Territory."1

§ 728. Allotted lands in default of heirs to revert.-[21]. That if any allottee of the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes die intestate without widow, heir or heirs, or surviving spouse, seized of all or any portion of his allotment prior to the final distribution of the tribal property, and such fact shall be known by the Secre

achny v. Galbreath, 26 Okl. 772, 110 Pac. 902, 38 L. R. A. (N. S.) 451; Eldred v. Okmulgee Loan & Trust Co., 22 Okl. 742, 98 Pac. 929; Barnes v. Stonebraker, 28 Okl. 75, 113 Pac. 903.

10 United States v. Shock (C. C.) 187 Fed. 862; Id. (C. C.) 187 Fed. 870.

11 Tiger v. Western Inv. Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. Ed. 738; United States v. Comet Oil & Gas Co. (C. C.) 187 Fed. 674; Jennings v. Wood, 192 Fed. 507, 112 C. C. A. 657; Morrison v. Burnett, 154 Fed. 617, 83 C. C. A. 391; Cowles v. Lee (Okl.) 128 Pac. 688; Kolachny v. Galbreath, 26 Okl. 772, 110 Pac. 902, 38 L. R. A. (N. S.) 451; Eldred v. Okmulgee Loan & Trust Co., 22 Okl. 742, 98 Pac. 929; Barnes v. Stonebraker, 28 Okl. 75, 113 Pac. 903; Scott v. Signal Oil Co. (Okl.) 128 Pac. 694; Davis v. Selby Oil & Gas Co., 35 Okl. 254, 128 Pac. 1083.