to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court.

Approved February 6, 1901.

§ 950. An act to amend and re-enact paragraph twentyfour of section twenty-four of chapter two of an Act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that paragraph twenty-four of section twenty-four of chapter two of an Act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven, is hereby amended so as to read as follows:

"Of all actions, suits, or proceedings involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty.

"And the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands now or heretofore held by either of the Five Civilized Tribes, the Osage Nation of Indians, nor to any of the lands within the Quapaw Indian Agency: Provided, that the right of appeal shall be allowed to either party as in other cases." Approved December 21, 1911.

2 31 Stat. 760, c. 217.

3 37 Stat. 46, c. 5.

§ 951. United States attorneys may represent Indians in suits for possession of lands.-In all states and territories where there are reservations or allotted Indians, the United States district attorney shall represent them in all suits at law and in equity.*

4 Act March 3, 1893, c. 209, 27 Stat. 631.

CHAPTER 63

ALLOTMENT AGREEMENT WITH THE ABSENTEE SHAWNEE INDIANS, APPROVED MARCH 3, 18091, AND

SUBSEQUENT LEGISLATION

(CHAPTER 543, 26 STAT. 989-1019 AND AMENDMENTS THEREOF. RECITALS AS TO PARTIES AND SIGNATURES OMITTED)

§ 952. Lands ceded.

Confirmation of previous allotments.

Title to be held under terms of General Allotment Act.
School sections, etc.

953.

954.

955.

958. Payment to Indians for homes, etc.

959. Agreement effective when ratified.

960. Removal of restrictions on alienation-Act of August 15, 1894, applicable to Citizen Pottawatomie and Absentee Shawnee. 961. Removal of restrictions on alienation-Act of May 31, 1900, applicable to Citizen Pottawatomie and Absentee Shawnee.

§ 952. Lands ceded.—[Art. I]. The Absentee Shawnee Indians of the Indian Territory in consideration of the fulfillment of the promises hereinafter made, hereby cede, relinquish and surrender, forever and absolutely, to the United States, all their claim, title and interest of every kind and character in and to the following described tract of country in the Indian Territory, according to Morrill's survey, under contract of September third, eighteen hundred and seventy-two-to wit:

"Beginning at a point on the right bank of the north fork of the Canadian river, in section twenty-one, of township eleven north, range five east, where the western boundary line of the Seminole Reservation strikes said river; thence south with said boundary line to the left bank of the Canadian river; thence up said river, along the left bank thereof, to a point on said left bank in the northeast quarter of section thirty-six, township six north, range one west, thirty-nine chains and eighty-two links (by the meanders of the river west) from the point where the Indian meridian

intersects said river, or thirty-eight chains and fifty-two links due west from said Indian meridian; thence north as run by O. T. Morrill, under his contract of September third, eighteen hundred and seventy-two, to a point on the right bank of the north fork of the Canadian river; thence down said river, along the right bank thereof, to place of beginning, comprising the following, viz.:

"Fractional township five north, ranges one, two, three, four, and five east, north of Canadian river. Fractional township six north, ranges one, three, four, and five east, north of the Canadian river. Township six north, range

two east.

"Townships seven, eight, and nine, ranges one, two, three, and four east. Fractional townships seven, eight, and nine north, range five east.

"Townships ten and eleven north, range one east. Fractional township ten north, ranges two, three and four east, south of the north fork of the Canadian river. Fractional township ten north, range five east. Fractional township eleven north, ranges two, three, four, and five east, south of the north fork of the Canadian river. Fractional township twelve north, ranges one and two east, south of the north fork of the Canadian river.

"Also that portion of sections one, twelve, thirteen, twenty-four, and twenty-five, and section thirty-six, north of the Canadian river in township six north, range one west, lying east of the western boundary line of the said Pottawatomie Reservation as shown by the Morrill survey, and that portion of sections one, twelve, thirteen, twenty-four, twenty-five, and thirty-six, in townships seven, eight, nine, ten, and eleven north, range one west, lying east of the western boundary line aforesaid, and that portion of sections one and twelve south of the north fork of the Canadian river, and sections thirteen, twenty-four, twenty-five, and thirty-six in township twelve north, range one west, lying east of the western boundary line aforesaid contain

ing an area of five hundred and seventy-five thousand eight hundred and seventy and forty-two one-hundredths acres of land."

§ 953. Confirmation of previous allotments.-[Art. II]. Whereas certain allotments of land have been heretofore made, and are now being made to said Absentee Shawnees according to instructions from the Department of the Interior, at Washington, under Act of Congress entitled, “An act to provide for the allotment of lands, in severalty, to Indians on the various reservations, and to extend the protection of the laws of the United States and the territories over the Indians and for other purposes," approved February 8, 1887, and according to said instructions other allotments are to be made, it is further agreed that all such allotments so made shall be confirmed-all in process of being made shall be completed and confirmed, and all to be made shall be made under the same rules and regulations, as to persons, locations and area, as those heretofore made, and when made shall be confirmed.

§ 954. Title to be held under terms of General Allotment Act.-When said allotments shall be so confirmed and approved by the Secretary of the Interior, the title in each allottee shall be evidenced and protected in every particular, in the same manner and to the extent provided for in the above-mentioned act of Congress.

§ 955. School sections, etc.-Provided, that in all allotments to be hereafter made, no person shall have the right to select his or her allotment in sections sixteen (16) and thirty-six (36) in any Congressional township—nor upon any land heretofore set apart in said tract of country for any use by the United States, or for school, school farm or religious purposes-nor shall said sections sixteen (16) and thirty-six (36) be subject to homestead entry, but shall be kept and used for school purposes; nor shall any lands set apart for any use of the United States, or for school, school farm or religious purposes, be subject to homestead