The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1891-12-18

Ine 1olloWing Dill, Wnlcn Is SeI-eXplana-
tory, has been prepared here, and will be
presented to congress for consideration at
the present session:
AN ACT
To provide for the partition to members of
any Indian tribe who are persons having
less than one-half Indian blood. and who
are able to read and write intelligently, or
who have finished the course of instruc-
tion in any government school or college
for the instruction of Indians, such persons
being over the age of 2l years, and who de-
sire TO become citizens of the United
States, their pro rata share in value of the
tribal lands and other property, and for
other purposes.
Be enacted by the senate and house of represent
atives of the United States of America in congress
assembled;
Section l. That any person who is a
member of any Indian tribe, and entitled
to share in the tribal property, or has an
interest therein, and who is able t. read
and write, and has less than one half In
dian blood, or who being such member
and so entitled, or, having such interest,
has completed the course of instruction
prescribed in government school or col
1ege for the education of Indians and who
IS more than 81 years of age, and who de-
sires to become citizen of the United
circuit or district court, or the court es-
tablshed by the act of congress having
the powers of the circuit or district court
of the United States, and having jurisdic-
tion over the country in which his tribe is
located, his petition to have his pro rata
share in value of the tribal lands and
other property ascertained and set off to
him, and such court may thereupon pro-
ceed to ascertain the facts, and have such
partition made.
Sec. 2. The proceedings, practice and
pleadings shall be the same as in civil
suits in such court, except as otherwise
provided in this act.
Sec g. The chief or governor of such
tribe of which such petitioner is a men,
Der, shall be made defendant to such suit,
as such chief or governor, to represent the
interest of such tribe in such suit.
Sec l. If, upon the trial of any issue
therein arising, or upon default, or by
consent of parties it snail appear that the
partition ought to be made. the court Will
award an interlocutory Judgment that
such partition be made, specifying the
proportionate share such petitioner is to
have in the lands and other property of
the tribe, and shall thereupon appoint
three reputable aud disinterested persons.
residing i'll the jurisdiction, commission
ers, directing that they shall lay off and
partition to said petitioner his pro rata
share in value of the lands and other prop
erty or the tribe, taking care that such
partition be made, if practicable. without
detriment to the other persons Interested
in such tribal property.
Before proceeding to discharge their du-
ties such commissioners shall take an oath
to faithfully perform the duties of their
trust, which oath, if taken in open court,
shall be entered on its order book, and if
not so taken shall be endorsed on the war
rant issued to them TO make such parti-
ton.
After making such partition the COM
mission shall make to the court and ac-
knowledge in open court their report or
shall sign and swear to the same befoLe
some one authorized TO administer oaths,
which report shall specify by meets and
bounds, courses and distances, and by a
plat. the share of real estate assigned to
such petitioner, and shall also state the
quantity and description of the other
tribal property to which he may be en-
titled. Such report, if confirmed by the
court, shall be spread upon the order
book, and judgment of partition be
rendered accordingly. The court before
confirmation may set aside such report
Of partition for good causes shown by
either party. and commit the duties of
partition anew, to the same or other
commissioners to be appointed and quail
same proceedings shall be had as are
before directed. Any two of the
persons named as commissioners TO make
such partition may perform the duties re-
quired by this act, and vacancies may be
filled by the court. The occurrence OF a
vacancy shall not invalidate the acts of
the previous commissioners, and sue
cessor shall take up the duties and con-
tinue the proceedings, which shall be as
valid as if the same had been done By the
commissioners first appointed. The court
shall make such allowance 10 the commits
sioners for their services and for the sur
veying and plating OF the lands, the exc
cutions of the necessary conveyances and
ether expenses incident to such partition
as TO the court shall seem reasonable The
petitioner shall pay all costs and necessary
expenses OF sneh PARTITION, save and except
such costs and expenses NAV arise in
any contest based upon such partition, in
which case such casts and expenses shall
be paid by the losing party thereto.
Sec. >. Upon showing sufficient cause
either party 70 the partitioa suit may
within one year after such partition Is
connrned. obtain review thereof, the
grounds of review being those recognized
ia courts OF equity. Upon such partition
being made and by decree Of court ap-
proved and confirmed, snch petitioner may
take the oath of allegiance 10 the United
states. ANA tue AaSAtaAAAat4SI OAtA PIE
ScTi bed for those desiring 70 become citi-
zens OF the Uuited States, and shall there
upon become entitled to the property so
set Of and pA-fiOned 10 aim aadsr his peti-
tion and snail cease TO be member OF
such tribe. and shall become a citizen OF
ga United States
SC. q. Tae petitioner may pre>eat
duly certified copy Of such decree Of parti-
t,oa @ he proper auI aorities OF sach In
Gsatl tribe or of the United States haVlnr
casrse OF the property pa.titiouei AID set
apart 10 said pzrtitioner by said decree.
rho shall thereupon deliver 10 said petit
tiouer such his share and take bis reOe3ps
therefor upon the hack of sucn copy OF the
decree.