The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-02
Tribes VIII Then Have Their
Identity Merged.
NO MORE SCRAMBLES
Curtis Act Provides For Sale OF
the Lands.
Title to Them Rests Entirely
With the Indians.

partment of the interior from Ardmore,
Indian Territory, announcing the COM
pIetion of the appraisement of the
Choctaw and Chickasaw lands indicates
the rapid approach of the time when
these lands will be allotted and the two
tribes, together with the other Indian
nations in the Indian Territory, will as
sumo a new status in their relations to
the people of the United States 1t
means that within a comparatively short
time the five civilized tribes will cease
to exist as an independent factor ana
their indentity, like their lands, will be
merged with those of the whites
This change of status of the tribes
raises the question by what means
white home-seekers may acquire pos
session of the surplus lands under the
well-defined provisions of the status
enacted by congress 1t is evident that
many persons have 1mbibed large
dose of transformation on this subject
Some are under the impression that
lands in the Indian Territory may be
acquired by somewhat similar methods
to those under which Oklahoma was
originally opened to white settlement
afterward the Cherokee strip, and quite
recently the kiowa, COmanche, and
Apache, and the Wichita reservations
that is to say either by the method
described as a horse race or that IN
troduced with regard to the disposition
of the lands in the Kiowa and Wichita
reservations. popularity known as the
lottery system. This is a mistake. The
lands in the Indian Territory, part of
which are now nearly accessible and
the remainder of which will undoubt-
eddy, be ready in the course of some
months, are on an entirely different
plane from the lands heretofore open
ed Their title is in the Indians, and
the United States government, through
it's commissioners, merely acts as an
agent for the five tribes.
Agreements providing for the disco
luton of the tribal governments and
the allotment of the lands in severalty
have been made with the Seminoles,
| the Creeks, the Choctaws and the
| ChickaSaws; and only the Cherokees,
who twice refused to confirm agree
ments to this end, are outside of the
fold, and subject to the provisions of
| the act "for the protection of the peo-
pie of the Indian Territory" known as
! the Curtis act.
| In the case of the Choctaws and
| Chickasaws, the provisions relating to
| the allotments and alienation of their
lands are specifically set forth in the
! agreement made with the Choctaws
and Chickasaws, April %, 1897. as
amended by congress. These allot-
ments were directed to be made so as
| to give each member of these tribes so
| far as possible a fair and equal share
| thereof ii. E., the lands in common), con-
sidering the character and fertility of
| the soil and the location and value OF
| the lands.'
Quoting the provisions of the act of
| congress confirming the treaty all the
| lands allotted shall be non-taxable
| while the title remains in the original
allottee but not to exceed twenty
| years from date of patent, and each
| allottee shall select from his allotment
a homestead of $50 acres, for which he
| shall have a separate patent, and which
| shall be inalienable for twenty-one
years from date of patent. This provi-
sion shall also apply to the ChOc- ~ and
Chickasaw freedman to the extent of his
allotment (forty acres). Selections for
homesteadS for minors to be made as
provided here in case of allotment and
the remainder of the lands allotted to
said members shall be inaHenable Tor
a price to be actually paid, and to in
clude no former Indebtedness or obi
gation-one-fourth of said remainder
in one year, one-fourth in three years
| and the balance of said aHenable lands
| in five years from the date of the
| patent.
THAT all contracts looking to the salt
| or incumbrance in any way of the lane
of an allottee, except the sale hereinbe
| fore provided, shall be null and void
No allottee shall lease his allotment, o.
any portion thereof, for longer perlot
| than five years, and then without tht
| privilege of renewal. Every lease which
is not evidenced by writing, setting GU
specifically the terms thereof, or which
| is not recorded in the clerks office O
the United States court for the distric
| in which the land is located, within
three months after the date of its exc
cution, shall be void, and the purchase
or lessee shall acquire no rights what
, ever by an entry or holding hereunder
incumbrance of any part of any ailot
! And no such lease or any sale shall d
valid as against the allOttee unles
providing to him a reasonable compen
sation for the lands sold or leased
Regarding the town sites in the Choc
taw and Chickashaw nations the laV
! haf towns
laid out each lot on which permanent
] | substantial and valuable Improvement
other than fences. tillage and temporar
| houses, have been made, snail be value
| by the commission provided for the sal
| market value within sixty days fror
date The owner of the improvement
on each lot shall have the right to Du
one residence and one business lot at
per centum of the appraised value c
such improved property, and heremaln
| der of such improved property at 62l
I per centum of the notice served on hiI
) that such lot is for sale, and if he pun
chases the same he shall, within te
' days from the purchase, pay INTO IN
treasury of the United States One-fourt
of the purchase price, and the balanc
in three equal annual installments, an
- when the entire sum is paid shall be er
titled to q patent for the same
The owner of any improvements o
any lot is required to purchase within
sixty days or the same shall be sold {
| public auction to the highest bidder
unappraised lots shall be sold from tin
to time at public auction for the benef
of the tribes
Under the act to ratify and conffrl
an agreement with the Muscogee
Creel tribe of Indians of March l, 19u
it is provided that section 81 provide
that Greek citizens may rent their a
lotments when selected for a term NJ
exceeding one year. The value is al
praised at Sc. so per acre and shall col
stitute the standard value of an allo
ment and shall also be the measure f
may select forty acres of this allotmel
for a homestead. non-taxable and i