The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-01-16
Cherokee-DaWes Treaty.

nation wifnesseth that In consideration OF
herein contained. it Is agreed as follows:
GENERAL ALLOTMENT OF LANDS.
/. All lands in Indian Terri
tory belonging to the Cherokee
tribe of Indians, except euch as
may be reserved for railroads, as
provided by treaty, and for town
sites, cemeteries, churches, schools
and other public institutions and
public buildings, shall be divided
: among the members of said tribe
80 as to give to each citizen, ex-
cept as hereinafter provided, an
equal share, in value, of all the
lands of the tribe.
2. All the lands of the tribe
shall be divided into five grades,
by an allotment committee compos-
ed of one member of the commits
sion to the five civilized tribes, one
selected by the secretary of the
interior and one by the principal
chief OF the said tribe; and said
grades shall be designated as first,
second, third, fourth and fifth.
The first grade TO be valued at SIS,
the second at $3.50 and the third
at 81 .25, the fourth at rs cents and
the fifth at 25 cents per acre.
8. Alllands excluding improve
ments shall be appraised at rela-
tive values, limited as above, con-
sidering the character and fertility
of the soil and location thereof.
A. The commission to the five
civilized tribes shall determine the
total value of the divisible lands,
limited as to grades and values as
above, and to the value of the land
shall be added all the funds of the
tribe derived from all sources
whatsoever except the orphan.
school and asylum funds, and all
of said property shall be capital
lied, and the total assets of the
tribe shall be determined by said
commission, and the per capita
share of each beneficiary ascer.
tanned, before the issuance of
deed to lands.
5. The measure Tor the equali-
cation of allotment shall be the
average or per capita share of the
total assets of the tribe.
6. Said commission shall allot
f20 acres of land, as near as may
be conforming to the government
subdivisions to each and every
citizen of the Cherokee nation, ex-
cept as herein otherwise provided,
and said member shall have the
prior right to take in his allotment
the lands upon which he has i'm
provements, or which he may here
after improve, prior to allotment,
without infringing upon the rights
of other citizens of the Cherokee
nation.
z. The residue of the divisible
land, after allotment of 100 acres
each, as aforesaid, shall be used
for the purpose of equalizing the
allotments, and none of the lands
of the tribe shall be sold in any
rsaAsaer- r-uhatsnaxar. except as
herein provided for the disposal
of town lots, but the same with
such MONEYS of the tribe as may
be Necessary, shall be used for the
purpose oF eQua1izing alIotments,
and the residue of money, after all
allotments have been equalized,
shah be equally distributed among
the members of the tribe.
s. The a,lottee receiving land
of greater value than his per capita
share in the total assets OF the
tribe. as above determined, shall
nav into the treasury Of the United
States to the credit OF the tribe.
the excess, over and above his per
capita share, in lawful money OF
the United States, before receiving
title to the land, payment to be
made In the following manner:
One-third ninety days after allot-
ffsnt and the remainder thereafter
i1two equal annual installments,
without interest; and the amount
de the tribe for such excess shall
Anstitute lien upon the lands in
fsvor of the tribe.
sc. Ii such payments are not
made at maturity, the United
States court in the district in
which the lands are situated shall
enforce the same as vendors liens
are enforced under the laws OF Ar
Kansas. suit therefor to be brought
an the name of the principal chief
Tor the benefit Of Cherokee citizens.
l. 10. If any aI1ottee indebted to
Isaid nation shall SO elect..he may
: nav fiis entire sum at tfis time OF
sitcfnaenf or at any time before the
atiotn,etss' ~ g az ,,,.o,, such nav,