The Tomahawk., 1904-04-07
INSECURITY Of ALLoT,
MENTS,

Cur1Cy OF an IAlIOpIllcHP Nhr: ~: Nh:
Brosius, agent of the Indian Rights
Association, shows very plainly
the insecurity of Indian allot-
ments under recent rulings OF the
secretary of the interior.
Mr.. Rrosius says in part this:
''September 25, 1900, the Secre-
tary of the Interior decided that
at any time prior to the issuance
of the final patent at the expira7
ton of the twenty-five yeaS trust,
he had the authority to CANCEL a
trust patent. While this decision
applies to all trust patents, it was
rendered in TIE case Of an allOttse
under the Fourth Section of the
General Severalty Act, which pro:
yides that any Indian whose tribe
was not provided with land could
settle upon any of the public lands
of the United States not other
wise appropriated, and RECEIVE a
patent therefor in like manner as
provided for reservation Indians,
Hundreds of Indians throughout
the country took advantage OF this
law and settled upon the public
domain, and improved their hold
ing for home, in many instances
cxpending large sums Of money
thereon, only to be deprived OF
these holdings under the decision
of the Secretary Of the Interior
during the year 1900, as stated,
which will stand as tic law of the
land until reversed BY the courts
or annulled by an act of Congress.
This decision works especial hard
ship upon nlixed-blood Indians,
who comprise the greater number
of those seeking allotments out OF
the public domain. The applicn-
ton Of the principle OF law is
made retroactive, for we find that
although the Act of 1855 provided
that children born of marriages
solemnized after that date be-
tween white men and Indian wom-
en- should be citizens Of the United
States. In the year 1896 it was
decided by the Secretary that ali
: children born of mixed marriages,
irrespective of the date of the
marriage, should be debarred
from allotments on public lands,
| This latter decision seems not un-
! just, depriving as it does, the In
dian allottce of the fruits Of his
labor and expenses incurred in
building up q home for himself
and family. 1t may be said il,
reply to this that the Secretary OF
the Interior will not cancel trust
patent where the Indian has been
faithful and honest in his relations
with the Government. We know
! too wc|l the influences that will
surround these cases; the Indian is
not acquainted with our mode of
securing justice: has not the
means, usually, to- prosecute a
case in court when the contest
comes for trial. There have al
ready been many deserving In
| dams turned out of their holdings
by this ruling. on technicalities of
the law turning in favor of the
white contestent. A CASE In
POINT:
] recall case which has recent
ly been decided in the Land Office
Ashland, Wisconsin District.
The lands are valuable on account
of the pine timber thereon, being
worth upwards of ten thousand
dollars. The claim is contested
by banker. who will hardly claim
that he intends to live upon the
land in dispute, yet he claims it
for q homestead. The local land
4 Office decided few days since in
favor of the banker. With pclit-
ical influence and corrupt methods
being brought to bear by contest
ants it is an unequal contest, to