The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-03-28
ARIMORE, IND TER TUESDAY EVENING, MARCH 28, 1899

that no rents or royalties on any
lands belonging to any of the five
civilized tribes in the Indian Ter
ritOry, shall be paid to the tribe
or to any individual thereof, and
is followed by this proviSo:
Provided, That any citizen
shall be III possession of only such
amount of agricultural or grazing
lands as would be his just and
reasonable share of the lands of
his nation or tribe, and to which
his wife and minor children are
entitled, he may continue to use
the same and receive the rents
thereon until allotment has been
made thereof, and said act makes
it unlawful for any citizen of any
of said tribes to enclose or directly
or indirectly hold possession of any
greater amount of lands belonging
to the tribe than that which would
be the approximate share of him
self and family, according to the
allotment provided for in said
act, and makes it a misdemeanor
for any citizen to be i'll possession
of a greater quantity of lands at
the expiration of 1896, after the
passage of the act, which period
expires March 2S, 1899
Section 23 of said act declares
void all agricultural or grazing
leases of lands belonging TO any
of said tribes made after January
/, 1899, and declares that grazing
leases of such lands made prior TO
that time shall terminate January
II, 1900. This section contains
the following;
" But this shall not prevent
individuals from leasing their al
lotmcnts when made to them, as
provided in this act, nor from oc-
cupying or renting their proper
tionatc shares of the tribal lands
until the allotments herein pro-
vided for are made
Referring to these sections it
is said in the regulations above
mentioned:
" Constituting the first proviso
in section l6 with the language
found in the latter part of section
%, it is clear that no member is
authorized, prior to allotment, to
rent his share of the lands and
that of his family, as aforesaid
unless he he i'll possession and Oc-
cupying the same as his home
stead, Jr the same be i'll good faitl
selected by him and in some way
set apart to him as the land to be
allotted to him.
The only provision authorizing
the leasing or renting of grazing
and agricultural lands is thai
found in the first proviso of see
ton 10, and it is limited to land,
in the possession of citizen not
exceeding the Just and reasonable
share TO which he and his famil,
1 are entitled, of which it is said b,
may continue to use the same anC
l receive the rents thereon unit
I allotments has been made to him.
; The latter portion of section
% does not purpOrt to affirma
lively authorize the leasing o
renting of any lands, but gives i
natural and ordinary significance
5 is intended to save from the gen
C cral prohibition against leasin'
n and renting in that section tn
: privilege elsewhere given individ
L ual citizens of renting their pro
t portionate shares of the triba
5 lands until allotments. Consider
f ing that the lease privilege affirm
n atiyely accorded the individua
). citizens by section l6 is limited +
> lands of which they have posses
sion, the language in the latte
!, part of section % does not seer
# to have been intended to authoriz
O the leasing of lands by individual