The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-24
HILLS ALLOT-
MENT AT HOBART
is LAWFUL
Secretary Rules on Addition
TO Hobart.
HAS A RIGHT TO SELL IT
Text of the Letter Given Out
by the Department,

washington. April 2S.-President Roose-
velt today submitted to the secretary OF
/ the interior various telegrams and let
ters charging that the allotment known
as Hills ADDITION to Hobart was fraudd-
lent and that therefore the plating and
sale OF the same was Illegal. and pro-
testing against the general provision
in the Indian appropriation bill which
would give the secretary of the interior
authority 70 grant patent in fee TO
Mr.. Hill. The president asked the sec
retary 10 give his opinion as TO the legal
ity of the allotment and the disposition
of the same by the an0ttee. The fol-
lowing is the decision Of the secretary
and it plainly states the position of the
department on the question:
The telegrams from persons at Ho-
bart, Oklahoma. protesting against a
provision IN the Indian appropriation bill
have reference 10 the following:
And when, pursuant to any treaty or
agreement with an Indisn tribe or pur-
suant TO any act OF congress relating
to Indian allotment, land has been or
shall be allotted a white person without
Indian bleod who is a citizen Of the
United States, final patent shan be is
sued TO such white allottee without
awaiting the expiration of the usual
trust period. and he shall thereupon be
authorized to sell or dispose Of the lands
50 allotted without restriction All al
white allottee shall thereupon be sub
jeet to taxation under the laws OF the
state or territory where the same is sit
uated"
In many Indian treaties and Indian
agreements ratified by congress there
have been provisions directing that al
lotments of land be made TO white per-
sons who We're missionaries, traders or
especial friends of Indians. Such alot-
ments are made in like manner as In
dian allotments, that is. by the issuance
of trust patent and then, at the expi-
ration of twenty-five years. issuing a sec
ond patent conveying the fee without re-
striction. During the trust period the
land cannot be alienated or encumbered
and cannot be taxed or assessed for any
governmental or public purpose. The
restrictions against alienation encum-
Prances, taxation and assessment, so far
as the Indians are concerned, are reason
able and necessary, but there is no ne
cessity and no reason why they should
be applied to "a white person Such a
person ought to be permitted TO sell or
dispose Of his property like other white
citizens. From time to time congress
has been passing such acts. relieving par
ticular white allottees from these re-
a proposed special act of this character.
the department drafted and recommend
ed to congress the enactment of the gen
eral provision above quoted. 1t IS ap-
plicable to anotments made pursuant to
a law or treaty, and not to those. il
there be any, made in hostility TO a
treaty or law
The protests from Hobart. Oklahoma.
have application to an allotment made 10
john T. Hin under an agreement nego-
tiated between the United States and the
hioWa, etc, Indians. dated October 6
1892. and approved by congress June G.
1900 fS1 Stat. s72. 679,, in article ten Of
which it is provided
And that Emsy S. Smith. David
Grantham, Zenee Adams. John T Hu
and j. J. Methvin, friends Of said In
dams, who have rendered to said In
dams valuable services, shall be entitled
to all the benefits, in lands only. confer
red under this agreement, the same as /
Z members Of said tribes.
1T seems that some Of the people of /
hobart are enormously under the i'm (
preston that Hin. being a white person. !
could not lawfully receive an allotment
ana that he should not be permitted 10
sell 1t or plat portions OF it into town
ots The allotment to him IS a lawful
me, made in pursuance to law"