Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-11-03

entitled to said allotment.
That none of the lands and tene
ments herein allotted and to b,
patented to any citizen of th,
Cherokee nation shall ever be liza
bic to levy, sale execution or for
feiture by any process of law or 10y
any action of the allottee or hi:
heirs, nor shall it be subject to any
liens or debts so long as it remain.
the property of said allottee or hi,
heirs. nor shall any statute of limi
tation be in force against the re
covery of said land wherein irauC
or wrongful sale has been made
nor shall any law by congress, Oh
any state or territory or the Chero
kee nation, be made or shall evel
have any power or authority
derogatory or lessening the franchi.
sesabove granted with said land ol
allotment to said allottee or hi:
heirs.
That none of the lands so allot.
ted to any minor or incompetent
shall be sold or conveyed, during
said incompency of minority, but
that the proper guardians appoint
ed by the court shall have the
power to lease said land tenements
for agricultural and business pur-
poses for the period of five years,
and for mining purposes for the
term OF twenty years, but on no
occasion shall the lease exceed or
be in force after their minority or
incompency ceases, provided, that
all money arising from treaties or
taxation, due to minors and incom-
petents shall be held and retained
By the United States with five per
cent per annum in the treasury
until they become of legal age or
the incompency cases, and at
which time the principal and in
terest shall be paid to them or
their heirs, but all rents, incomes
or royalties arising from the allot-
ments shall be under the control
of .he United States court and
shall be paid to their guardians
for their support and education.
Provided further: That any
adult allottee must appear in per-
son and make proper showing TO
the judges of the United States
district court for the Northern dis
,rict, that he is competent TO sell
his allotment, when he shall have
the right to sell and convey same
to any person in fee simple, and
when said sale is approved and re-
corded in said court, that said land
conveyed shall not be exempt
from the liens or judicial sales or
from taxation.
Provided, That if said adult
allottee's application be rejected by
the court, that he is barred from
making another application for
three years.
Provided, further, That all the
adult allottees shall have the sole
and exclusive right to lease their
allotments for farming, improve
ment and business purposes for a
term not to exceed five years, and
for prospecting and mining pur-
poses for a term not TO exceed
twenty years.
Provided, further, That any al
lottee who shall take the oath of
allegiance to the United States
shall become a citizen thereof, but
be shall not lose any of the rights
guaranteed under any treaty or
law of congress, nor shall such oath
OF allegiance or any right conferred
affect the title to his allotment nor
abolish any of the conditions
attached to and become a part OF
said grant of allotment, but said
conditions are and do become a
part OF the allotment as a fran
chise thereof.
Sec. 2. 1t is agreed upon the
part of the United States ard the
Cherokee Nation that none of the
allotments as granted, or any part
of the public domain remaining
after these allotments have been
granted shall ever become the
property of any railroad company
by reason of any act of congress or
of any treaties between the United
States and the Cherokee Nation,
excepting two hundred feet in
width as the right of way.
Provided, That there shall be
reserved from allotment a suffi-
cient amount of lands now occu-
pied by churches, schools. parson-
ages, charitable institutions and
other public buildings for their
present actual and necessary use,
aud no more, and not to exceed five
acres for each school and one acre
for each church and parsonage in
the country, and in any town or
city such churches and parsonages
are limited to lot fifty by one
hundred feet, and if said lot or
acre of ground so donated TO said
churches or parsouages are aban-
doned or used for other purposes,
that said lot or acre of ground
shall revert to the use of the
Cherokee Nation and be sold, and
the proceeds paid into the treasury
of the United States for the benefit
of the Cherokee school fund.
There shall also be reserved
from the public domain ten acres
of land for burial purposes at or
near the city or town, and one acre
for burial purposes at or near
churches in The country.
There shall be sufficient groun :
reserved for the present use of the
public buildings belonging to the
Cherokee Nation.
Provided further, That all neces-