Omaha daily bee., 1902-07-12
INDIAN LANDS ON MARKET
Fifty Thousand Acres on the Omaha and
WinnsbagO Reservation.
RULES GOVERNING THE TRANSFERS
Lands TO BE sold Are Those Formerly
Allotted to Indians, who Have
Since Died, Leaving
Heirs.

WASHINGTON, July 1.-(Spectal.) )-Un-
der operation Of law what is known as the
heirship lands on Indian reservations are
to be sold. There is more or less Of this
land on every reservation where allotments
in severalty have been made. the amount
on the Omaha and Winnebago reservations
in Thurston county being between $4,000
and $4,000 acres. This is among the finest
agricultural land In the state.
The Interior department has promulgated
the following:
Rules for conveyance of inherited Indian
lands, to be observed in the conveyance OF
inherited land allotted to members or any
tribe of Indians, for which trust and other
patents have been issued with restriction
upon alienation, under the provisions of the
act of congress approved February y, 1887
GA Stats, 3SS). or other act of congress,
or any treaty stipulation, as authorized by
section of the act of May "a, 1902, public
That the adult heirs of any deceased In
dian to whom q trust or other patent con-
tanning restrictions upon alienation has
been shall be issued for the lands al
lotted to him may sell and convey the
lands inherited from such decedent, but
in case of minor heirs their interest shall
be sold only by guardian duly. appointed
by the proper court upon the order OF such
court, made upon petition filed by the
guardian, but all such conveyances shall
be subject to the approval of the secretary
OF the interior, and when SO approved shall
convey full title to the purchaser. the
ton upon the alienation had been issued to
the allottee All allotted land so aienated
by the heirs Of an Indian allottee and ali All
thereupon be subject to taxation under the
laws OF the state or territory where the
Provided, that the sale herein provided
for shall not apply to the homestead dur
ing the life of the father, mother or the
minority of any child or children
l. The deed or instrument of conveyance
must be executed In the presence OF two
subscribing witnesses and aeknowledged
reside within the limits of an Indian
agency.
d In case the grantors do not reside
within the limits of an Indian agency, the
deed of conveyance may be acknowledged
before a notary public Justice of the
peace or other person duly authorized TO
take acknowledgment OF deeds, whose offi-
cial character must be certified by the
clerk Of court of record, under the seal
g. Such deed or instrument of conveyance
must be accompanied
Q.) BY a certificate signed by two mem
bers of business committee. II there be
such, or by at least two recognized chiefs,
or by two or more reliable members OF
Bile persons setting forth that the sllottes
to whom the land was originally allotted
Is dead. giving as nearly as possible the
QI.) BY a certificate from the Indian
agent. superintendent of school. or other
officer in charge of the Indian % tribe, that that
OF conveyance were explained TO and fully
understood by the grantors, and that the
fair Price for the G1 iand + that I the same has
been secured 70 be paid to the granters in
lawful money OF the United States, and
that the conveyance is in every respect
free from fraud or deception. and that
said allottee did not reside upon his home
stead or allotment, nor cultivate the land
sold during his lifetime and Immediately
preceding his death. II the allottee did
reside upon such land. then 1t must be
H. Co tlNVr % Iaaa gaI
allottee consisted, their ages and relation
to said deceased allottee, in order to de-
termine whether It is case In which
sale is authorized under the said act of
May "a. 1902.
No Money Paid Indians.
QII1 The consideration money must in no
case be paid the grantors; but a certificate
from the cashier or other officer Of some
convenient from a United States Indian
agent showing that the stipulated price
named in the deed for the land has been
deposited in such bank, or with such agent
as the case may be, to be paid to the
grantors. or their order, upon presentat' on
of the deed duly approved by the secretary
of the interior or by the president, must
accompany such deed.
QV) When the deed is acknowledged be-
fore an officer other than an Indian agent
1t must be accompanied Tin lieu of the
certif Gates of the business committee and
Indian agent In other cases required) by
certificate of the officer taking the ac-
acknowledgement as to the facts required
to be certified by the business committee
and Indian agent, or, If such facts shall
be verified by the afidavlts of at least two
credible disinterested persons who are cog
infant Of these facts whose veracity must
be certified by such officer.
VO Whenever deed of conveyance
properly executed shall be presented for
approval to the department of the Indian
agent, superintendent of school or other
ofilcer in charge Of the Indian tribe; when
edge the value of the land he shall
visit. view and report in his best judgment
| the value of the land, and shall require the
parties in interest to furnish an additional
| certificate of deposit to meet the valuation
| placed upon the land II It be in excess of
| the consideration named in the deed. IL
such officer is not competent he shall re-
| quire the agency farmer, or other COM
petent employe Qf he has such in his EN-;
conveyed. But II. neither agent, superin-
| tendent of school, nor other officer in
charge of the Indian tribe, nor any employe
| attached TO such agency, is competent, as
aforesaid to appraise such land, then the
Indian agent s1perintIendent or other otil'
| iect a committee of three competent and
| disinterested persons Farmers or persons
knowledge of the value of the iand) to
make such visitation and valuation and
furnish written certificate thereof, the ex-
pense of said commission in all cases to be
| paid by the vendee.
No Refund to Purchaser.
I H. > w
more officers or other persons TO perform
| certain duties preference must in all cases
be given such officers or persons in order
Wiij The afidavits Of the grantors and
/ of the grantees must accompany such
deed. showing that there is no contract
| agreement nor understanding written OF
| ora) whereby the consideration money oil
| price paid for the land, or any portion
| thereof, is to be refunded to the purchaser
| after the approval of the deed; nor any
| live stock implements, other article oil
| thing, are to be exchanged or taken In
! lieu of said consideration money or pur-
| such land
| VIII0 The testimony and all papers
| pertaining TO the conveyance must bt
| properly authenticated under seal and In
| all other respects the conveyance mus
| conform to these rules
| 4 When the land conveyed, or any par
| thereof is less than a legal subdivision OF
| does not conform TO the public survey :
| diagram, prepared by a competent sur
| Veyor, or an authenticated copy OF the
| oficial plat of survey indicating ali thC
| land intended 10 be conveyed, and al
must be furnished for the use OF the In
8 No deed Of conveyance for an un
divided interest less than the whole in in
hertted Indian land will receive approva
unless executed by all the heirs OF the de
the heirs decline, for satisfactory reasons
10 Join the other heirs in the conveyanc,
| OF Inherited land, as aforesaid then parti
ton proceedings should be had with view
| to dividing the land between the seVera
heirs; and when such partition has beer
| proper court each heir may then sell an,
eouVay the reSDectiVe portion of said in