The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1902-05-08
TAKES DEED 70 MAKE TITLE
ATTORNEY GENERAL SUBMITS
OPINION ON LAND LEASES.
Every Lease Made on Indian Land for
More Than One Year is Void and
Allottee Cannot Lease Land
Without Restriction.

The following opinion on Green /
leases and titles Is of prepon6erant in
terest to the people Of the Territory
II points out definitely the construc-
ton the department places upon GER
tain sections Of the treaty regarding
leases:
ITO the Secretary of the Interior:
Sir: The department has held |
that under the agreement with the
Creek Indians. ratified by the act
of March l, 1901 (31 Stat. SGD, Greek
citizens may not rent the lands Sc
lected by them for allotments for a
Longer period than one year, until
deeds shall have been issued 10 them.
II is now urged that this construction
should not obtain. but that said agree
ment should be construed as author
izing the leasing OF such allotments
without restrictions as to the length
OF term. as soon as the selection has
been made and certificate issued
thereon, and the matter has been
submitted for my opinion.
Paragraph 81 OF said agreement
contains provision. as follows:
Greek citizens may rent their al
lotments, when selected. for a term
not exceeding one year, and after re-
ceiving title thereto, without restric-
ton
\ Under the agreement. each citizen
was to receive an allotment of 100
acres Of land to be selected by or for
him in the manner prescribed there
in. and the principal chief was to exc
cute in due form and deliver to each
citizen so selecting an allotment, "a
deed conveying to him all right. title
! and interest of the Creek nation and
of all other citizens in and TO the
lands embraced in his allotment GER
tifcate' This deed is to be approved
= by the secretary of the interior, which
i approval is to serve as a relinquish
5 ment of all right, title and interest OF
n the United States in the land describ
ed therein.
The acceptance of the deed by the
allottee is TO be taken as an assent
on his part TO the allotment and sale
!, OF the lands of the tribe as in said
~ agreement provided, and as a relin
-. quishment of all his right. title and
% Interests in and TO the same. except
in the proceeds of the land reserved
from allotment. Not until such a
deed is executed, approved and ac
i cepted is the transaction completed
l. and the title vested in the allottee
e The completion of the transaction was
t evidently the point thereto without
o restriction.
Upon making selection, the apph
; cant is given a certificate stating that
II he has selected the land described
and this is the allotment certificate
. mentioned in the agreement. II is evi
h dent that the person TO whom II Is
q given has selected an allotment
- Therefore. and until title passes tc
q him, he may, under the first clause OF
9 paragraph 81. rent his allotment fol
- a term not exceeding one year The
% loretically the certificate would issue
IF. Immediately upon the selection beini
presented. and the provision permit
ting the renting of allotments must
n be read with this theory in mind
IS iThere would be no room for the opera
l. tion of the first clause if the conten
t. tion were correct that II refers only
J. to the time between the presentation
d lof a selection and the issuance of an
l. lallotment certificate. II may be that
Il in administering this law It has been
l. found advisable TO delay the issuance
s' of certificate until IL can be ascer
e tanned whether such selection should
g be allowed, but such delay would be
IS too short TO make a permission 70
II rent during that time of any particu
lar benefit to the allottee. The delay
was not, however contemplated by
. the agreement, and therefore the fact
y that there Is such a delay does not
y constitute valid argument in support
OF the contention that the first clause
! OF paragraph 81 relates to the period
- covered by 1t. | am OF the opinion
! that the phrase. after receiving title.
" should be construed as referring tc
The time when the title actually pass
= es' by the delivery and acceptance OF
u the deed provided for in said agree
u ment.
I. The paper submitted is herewith
returned. Very respectfully.
..trrUr -,