Sidebilder
PDF
ePub

their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection.2

§ 879. Allotments-Preference right in selection.-[2]. Where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall otherwise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under this

act:

§ 880. Allotments-Selection-By whom made.-[2]. Provided, that if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allotments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner.

§ 881. Allotments-By whom made.-[3]. That the allotments provided for in this act shall be made by special agents appointed by the President for such purpose, and the agents in charge of the respective reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office.

§ 882. Allotments may be selected out of public land.— [4]. That where any Indian not residing upon a reserva

2 Wheeler v. Petite (C. C.) 153 Fed. 471.

tion, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands. in the manner and with the restrictions as herein provided.

And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

§ 883. Trust patent issue to allottees.-[5]. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the state or territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: Provided, that the President of

the United States may in any case in his discretion extend the period.

§ 884. Restrictions upon alienation.-[5]. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void:

§ 885. Descent and partition.-[5]. Provided, that the law of descent and partition in force in the state or territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as herein otherwise provided; and the laws of the state of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act:

§ 886. Secretary authorized to purchase reservations.[5]. And provided further, that at any time after lands

3 United States v. Choctaw Nation, 179 U. S. 494, 21 Sup. Ct. 149, 45 L. Ed. 291; United States v. Rickert, 188 U. S. 432, 23 Sup. Ct. 478, 47 L. Ed. 532; In re Heff, 197 U. S. 488, 25 Sup. Ct. 506, 49 L. Ed. 848; Oregon v. Hitchcock, 202 U. S. 60, 26 Sup. Ct. 568, 50 L. Ed. 935; McKay v. Kalyton, 204 U. S. 458, 27 Sup. Ct. 346, 51 L. Ed. 566; Flournoy Live Stock & Real Estate Co. v. Beek, 163 U. S. 686, 16 Sup. Ct. 1201, 41 L. Ed. 302; United States v. Gardner, 133 Fed. 285, 66 C. C. A. 663; United States v. Thurston County, Neb. (C. C.) 143 Fed. 287, 74 C. C. A. 425; United States v. Dooley (C. C.) 151 Fed. 697: Wheeler v. Petite (C. C.) 153 Fed. 471; Bond v. United States (C. C.) 181 Fed. 613; Goodrum v. Buffalo, 162 Fed. 819, 89 C. C. A. 525: United States v. Rundell (C.C.) 181 Fed. 887; United States v. Bellm (C. C.) 182 Fed. 161; United States v. La Clair (C. C.) 184 Fed. 128; United States v. Park Land Co. (C. C.) 188 Fed. 383; United States v. La Roque, 198 Fed. 645, 117 C. C. A. 349; Mayes v. Cherokee Strip Live Stock Ass'n, 58 Kan. 712, 51 Pac. 215; Williams v. Steinmetz, 16 Okl. 104, 82 Pac. 986; Frazee v. Piper, 51 Wash. 278, 98 Pac. 760: Starr v. Long Jim, 52 Wash.. 138, 100 Pac. 194; In re House's Heirs, 132 Wis. 212, 112 N. W. 27.

4 Finley v. Abner, 129 Fed. 734, 64 C. C. A. 262; Beam v. United States (C. C.) 153 Fed. 474; Smith v. Bonifer (C. C.) 154 Fed. 883; Bonifer v. Smith, 166 Fed. 846, 92 C. C. A. 604; United States v. Bellm (C. C.) 182 Fed. 161; United States v. Park Land Co. (C. C.) 188 Fed. 383; Guyatt v. Kautz, 41 Wash. 115, 83 Pac. 9.

have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interest of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release shall also be prescribed by Congress:

§ 887. Lands ceded to be held for settlement.-[5]. Provided, however, that all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education:

§ 888. Patents to settlers.-[5]. And provided further, that no patents shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years' occupancy thereof as such homestead; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void.

And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the treasury of the United States for the sole use of the tribe or tribes of Indians to whom such reservations belonged; and the same, with interest thereon

at three per cent. per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof.

The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto.

§ 889. Allotment to religious society.-[5]. And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law.

And hereafter in the employment of Indian police, or any other employees in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.

§ 890. Allottees subject to laws of state or territory.— [6]. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the state or territory in which they may reside; and no territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law.

$ 891. Allottees become citizens of the United States.[6]. And every Indian born within the territorial limits of the United States to whom allotments shall have been made

« ForrigeFortsett »