The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1904-07-12

relative to the disposition OF home
steads. In each nation the law
says it shall be inalienable dur
ing the lifetime of the allottee, not
exceeding 2I years. When an
allottee dies his allotment is known
as a dead claim" A peculiar pro-
vision in all the treaties occurs here.
They provide that the homestead
shall be inalienable during the life
time of the allottee, but on the land
other than the homestead there is
no such provision. The homestead
as well as all other property, des-
cends according to the law of des-
cent and distribution of Mansfield S
Digest of the Statutes of Arkansas,
except as provided in sections 7 and
28 Of the Creek treaty. A question
arises here whether the heirs inherit
the restrictions with the land, or
whether it is alienable. 1t is the
opinion of the land department Of
the federal offices here that the
land does not carry its incumbrance
to the heirs, and that il is alienable
upon the death of the allottee.
This opinion is concurred i'll by all
jurists with whom l have conferred
The homestead of a dead claim is
alienable, but the surplus land of
the same allotment is not. This
is a matter however, that sooner or
later mvst be passed upon by the
courts.
am just in receipt of an opin-
ion from Frank L. Campbell, as
sistant attorney general relative to
leases i'll the Choctaw and Chicka-
saw nations. Showing that under
the Atoka agreement the authority
of the secretary Of the Interior does
not extend, as in the other nations.
He says:
No opower anywhere is reserved tc
the secretary of the interior or the
Indian office respecting the allot
tees exercise of the ordinary right:
of ownership, such as alienation OF
leasing his property On the con
trary, the provision in the Atoka
agreement and the act of 1903, wa:
left i'll full force, investing in the
courts exclusive Jurisdiction o.
all controversies growing out o
the titles, ownership, occupation
possession or use of real estate
coal and asphalt The department
has, therefore, no jurisdiction owe.
the mater.
Another important matter i
brought out in the same opinion b,
Mr.. Campbell as follows:
"The dominion of the allottte,
over his allotment is recognized
and approved by thu
department Until that time the
lands he may apply for are com
munal lands of the nation. 70
which he is only an applicant. A
soon as an allotment is approved
the allottee acquires a complet,
equitable right, and his position i
strictly analogous to that of on
who has made an entry of public
lands at a local land office. Th,
equitable estate and all the right
derived under it are liable to b,
defeated, but until the entry is fol
Sufficient reason cancelled, the
entryman 5 dominion over the tracl
is as complete as though he hac
legal title by patent, and his con
tracts respecting the land are valid
so long as the entry stands.
| / have rented the Sixth Stree
! barn where / will do any and al
kinds of veterinary work anC
guarantee satisfaction. In con
nection will have boarding stable
and also buy and sell horses anc
mules. ]. S. Downs. V. S
Phone 100 If
Geo. Deal was arrestedyesterday
! by Deputy Marshal Madsen at Mar
lowl yesterday and brought t.
this city. Hei wanted at Ada OF
the charge OF horse stealing.