The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-11-15

made by any member of a tribe for his
allotment; and in order to make such
selection effective and valid each head
OF a family shall be required to appear
in person at the Office within his tribe
and to make application to one of the
members of the said commission or to
some one authorized to act by the said
commission, stating on oath that he has
in person actually been upon the lands
so selected by him and is fully informed
as to the location of the same and the
character of the soil; that the land is
suitable for a home; that he has in good
faith settled such land, and that no part
of the same is lawfully held by any
member of the tribe, and thereafter he
for any period not exceeding one year
by any one contract until the lands are
allotted to him under terms of said act.
Selection may be made for orphans
etc, by guardians and relatives. Any
lease made for longer than one year
shall be void.
The commission shall give due notice
of the time and place when and where
applications for selections may be re-
ceiVed.
Contest for any tract so selected may
be made by any member of the tribe
claiming right thereto at any time with
in 80 days from the date of such notice
of the time and place for receiving ap-
plicatiOn, and not thereafter, by fling
in the Office in which selection was
made a complaint duly verified therein,
plaintiff stating the facts upon which
his claim is based. All contests shall be
determined by said commission subject
to appeal to the commissioner of Indian
affairs, and from him to the secretary
of the interior
No contract for rent of any selection
SO made shall be valid or binding unless
for an adequate consideration and made
in writing in duplicate and deposited in
the Office of said commission in which
the selection was made. Said commits
sion, after investigation, shall forward
the same to the secretary of the inter
Tor for his approval, and when approved
1t shall be returned to such Office of the
commission, to be by it delivered to the
parties, one copy to each.
Said commission is authorized and
empowered to employ sufficient clerical
force to promptly and correctly prepare
all such applications, and to record the
same, and to furnish each applicant
with a certificate of his selection.
No applicant shall be required to pay
any fees for or expense of the work of
preparing or recording such application
or certificate therefor, except a fee of
25 cents to the officer before whom the
affidavit is made. Selections of land
may be so made by members of the
several tribes in quantities not to ex-
coed 160 acres to each Creek, so acres
to each Cherokee, 240 acres to each
Choctaw and Chfckasaw and 40 acres
to each Choctaw and Chickasaw freed
man. And the balance of the land be-
longing to each tribe shall be left un-
Enclosed for the common use of all until
final allotment.
After the 1st of April, 1899, any mem
Der of any tribe may enter upon and
occupy any lands which have not al
ready been selected and occupied by any
other member of the tribe, whether such
lands be improved or inclosed or not,
and where a member has. prior to said
date, held possession of land of the tribe
in excess of the amount of land he may
be entitled to select for allotment as
aforesaid, and has not made such selec-
ton, he will be deemed to have selected
lands which
then reside, and lands outside and in
excess of the same may be selected and
occupied by other members of the tribe
for their allotment, but all leases that