The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-10-30
As 10 ALL0IAENTS
Dawes Commission Makes
Answer TO Questions.
AREAS INDIANS. MAY TAKE
Is One Point on Which Salts
faction Is Given.

OKlanoma city, y. T., Oct. 29-Recently
the editor of the Spiro Gazette addressed
a series Of very plain questions to the
Dawes Commission upon the rules thai
would allow government allotments in
the Choctaw Nation, requesting reply
for publication, and the answers received
from Mr. Tams Bixby shed good deal
Of light upon a much vexed question
The following are the questions and the
answers thereto:
1.-THE commission is in receipt of your
letter of the Bird instant in which you
submit the following questions to be an
swered by the commission In order that
the same may be published in your pa
per, stating that the matter would be
very much appreciated by the public:
81 Will the Oldest rightful claimant
to a 1e0-acre tract Of land be entitled to
it as a part Of his allotment; or just to
such 40-acre tracts as he may have i'm
provements on?
q If an allottee cannot get 16o acres
from one Of his fields, will he be allowed
TO take the balance from another field
some distance away-say so acres in a
bottem field and 50 on upland where his
home IS?
g. Where one citizen has more land
than he can take for his entire family at
the first allotment will he be permitted
to hold it and keep others from taking ii
as their allotments?
~. (a) Some time ago an article
purporting to come from the Dawes
Commission went the rounds of the press
of the territory to the effect that if one
citizen. A, had more land than $50 acres
each for each member Of his family, an
other citizen, 3, could give A notice of
ten days to file on what part he wanted
TO allot, and B could allot the excess. Is
it true? If so o. will A be allowed to
remove houses, fences. etc, from that
part that 3 allots? (c) Presuming that
year, who would be entitled to the rents
of such lands, A or 3?
IS. VIII freedman be allowed to
take his allotment from first class land
IS. If freedmen are allowed to take
first class lands, will they be entitled to
40 acres, or only as much as would equal
that amount of average land?
I'm reference to your first inquiry, we
have to say that the commission cannot
lay down any particular ruling in mat
ters OF this kind. The facts in the ca Sc
vary so widely that It would be impsssi-
bic to make any one ruling to fit all
cases. In all instances where there is a
conflict as to who is entitled to select a
given tract of land in allotment the par
ties at interest will be given a full hear
ing by the commission, and they will be
permitted at such hearing to offer any
evidence which they may see fit to sub
nit in support Of their claims
With reference TO your second inquiry
you are advised that the commission will
not require that the land comprising a
160-acre homestead be contiguous
'With reference to your third inquiry
you are advised that in the opinion OF
the commission the rules and regula-
tons of the secretary of the interior pro-
viding that citizens OF the Choctaw and
Chickasaw nations may select 100 acres
Of land as homesteads and that the re-
mainder Of the lands in those nations be
left open for selection by other members
of these tribes, was promulgated in order
that each citizen Of these tribes might
secure at least $50 acres of good land for
his homestead. A citizen will be permit
ted to exercise possession over such an
amount Of land as would be the pro rata
share in value Of himself his wife and
minor children who are unmarried and
living with him, Of the value of the
whole of the lands of these nations But
all such lands in excess Of the 100 acres
whichhe desires to select for himself and
for each member of his family must be
al all times open for selection by other
members of the tribes. We think this
answers your fourth question included
under division "a
answering that part OF your inquiry
included under division B. we have to
say that the persons who might select
land upon which there are improvements
Of another citizen. the owner shall allow
him reasonable compensate ton for his i'm
provements, the owner should he allowed
To remove thu same from the land. With
reference to THAI part Of your fourth in
quiry under division C we have to say
that so many questions might arise in
different cases coming under this head