The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1905-12-31
EXTRACT FROM PAPER.
On Chickasaw ard Choetaw Land
Titles,

vi CnlCkaSaW ard ChoctaW Land
Titles.
The following is an extract from
paper read before the Indian Terri
tory and Oklahoma Bar Association
at Oklahoma City December %. bv
s Y. Blcisoe in the matter OF a re.
cent decision of the federal court con.
ceruing the right of an allottec TO
ALLEVIATE before the issuance of aatent.
There seems TO have grown up a
mlsapprohcnsion in some quarters
that the removal of restrictions upon
alienation does not become effective
until after patent Is issued. The Ian
guagc used with reference to inter.
married and adopted citizens ami
freedmen is as follows:
"And all the restrictions upon the
alienation OF the lands of ali the
allottccs OF either of the five civil.
led Tribes who are not Of Indian
blood, except minors. are, except rs
TO homesteads, hereby removed "
ut is the restriction upon the al.
cnation by an QIprne that IS r,Mov.
ed. The act Is not that the restric.
| tions shall be removed when patents
are issued. but that the restrictions
are hereby removed" The word "ll.
lottca' has been uniformaly construed
TO mean a person who has selected
and had set apart to- him the land he
| desires to take I'm allotment. 4 pat
entco Is "a person to whom a patent
has been issued They are entirely
different and distinct classes. 4 pat.
ontCo usually must he an allottee.
| while an allottcc does not become n
patCntoc until he receives his patent.
/ The certificate of allotment is is.
sued as Of date Of filing. and is made
conclusive evidence of allOttco's right
/ TO the land. For any court of tribunal
/ to hold that this statue which says
| that the restrictions upon the aliCna-
| tion of the lands Of certain allottees
are hereby removed does not be.
| come effective until patent Is issued.
/ Is TO fly in the face Of the statute,
/ and TO incorporate into the legislation
/ language not used and evidently nev.
| or contemplated by congress-.
"ln the case o fthe homestead of
/ the deceased allottee where the re.
/ striction upon alienation is for the
| lifetime Of the allottee only, this con.
struction would add TO the language
! of the statute the following: And
until such time thereafter as the gov.
ernors of the two tribes have settled
/ their controversy with the Secretary
/ of the Interior as to who Is entitled
to deliver patents and sufficient leis.
! ure time has been found to execute
| and deliver the same"
/ "In the cases of alienation for town.
site purposes, and alienation by mem.
bers by blood, the Secretary of the
/ Interior by approving the recommen-
dation of the Commission to the Five
! Civilized Tribes in the one instance,
and of the Indian agent in the other
| authorizes immediate alienation. II
/ has never occurred to him to add to
| his endorsement "Approvedr the
words effective when patent issues"
| The court which denies the right of
immediate alienation in these cases
| assumes by construction to aflix the
same condition to the removal these
restrictions that the Secretary of the
Interior would have affixed by the
use of the words above quoted. There
Is judicial authority furnished by
courts of last resort OF the highest
standing, that an allottee, before the
issuance of patent Is the owner OF
the full equitable title, and as sucr
owner may convey without awaiting
the issuance of patent. That when
the patent does issue It passes the
legal title to the allottee's grantee"