The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-01-29
ARDMORE BAR
ASSOCIATION
COMMITTEE MAKE REPORT ON
RESTRICTION REMOVAL.
Which is Unanimously Adopted by the
Ardmore Bar Association and Has
Hearty Endorsement Of the
City Commercial Club.

TO II. r. No 5976, which passed the
House of Representatives January
18th. 1906. and is now pending in the
Senate of the United States, together
with reason therefor, beg to submit
the following report:
All restrictions on the alienation OF
lands other than homesteads OF the
members OF the Five Civilized Tribes.
either by blood or marriage. should
be removed for the following reasons,
viz:
First. Because the Indians them
selves desire that this should be done,
their councils having passed resolu-
tlons requesting same, and because
It is to their interest and benhcial
10 them.
Formerly any member by blood or
marriage OF one of these tribes could
use and control as much land as he
or his tenants. were able to reduce
to possession. This condition existed
for a number OF years. Large farms
were put in cultivation, permanent
and substantial Improvements made
thereon by white men under contract
with Indian landlords The Indian
landlords would contract with white
men, giving tn use OF the land fo-
a term of years in consideration OF
the improvements made upon IT., in
cludng tillage, by white tenant In
this way large and valuable holdings
were acquired, principally by intermar-
ried citizens and mixed breeds. The
Act of Congress approved June 2Sth,
1898, commonly known as the Curtis
bill. contained the following provi-
sions:
"Sec. 4. That all persons who have
heretofore made improvements on the
lands belonging to any one of the said
tribes of Indians claiming rights of
citizenship. whose claims have been
decided adversely under the Act cf
Congress approved June tenth, eigh-
teen hundred and ninety-six, shall
have possession thereof until and in
cluding December thirty-frst. eigh-
teen hundred and ninety'eight; and
may. prior to that time. sell or dis
pose of the same to any member of
the tribc owning the land who de-
sires TO take The same in his allot-
ment."
"Sec II. That It shall be unlawful
for any citizen Of any one of said
tribes to enclose or in any manner,
by himself or through another, di'
rectly or indirectly, to hold possession
of any greater amount Of said lands
or other property belonging to any
such nation or tribe than that which
would be his approximate share OF
the lands belonging to such nation OF
tribe and that of his wife and minor
children as per allotment herein pro
vided that any person found in pos
session OF such lands or other proper
ty in excess of his share and that OF
his family, as aforesaid, or having
the same In any manner enclosed, Al
the expiration OF nine months, after
the passage OF this Act shall be
deemed guilty OF misdemeanor
30 u. S. Stat. l.. 495.
On account Of these stn.utes per
sons known as excess holders" and
persons whose citizenship was denied
had the privilege of sellllg their IN
provements upon tribal lands. Thous
ands Of Indians were without i'm
proved lands to take in allotment and
also without means to purchase sam
The result was that this class ot In
dians contracted with white men to
buy the improvements upon the lands
for them TO take in allotment ana tc
reimburse the party advancing the
purchase money for them by leasing
n given price, and crediting the value
OF the improvements purchased there
on Under the law as il now is allot
tees may sell their lands, in excess
of homesteads. one-fourth in one year
one-fourth IN three years and the re
mainder in five years from date Of pat
ent. II they were permitted TO sci
their entire surplus allotment at once
they could obtain a better price ant
would thus be enabled TO obtain {
cancellation OF the lease upon thei
homesteads and improve the same
Also an entire surplus allotment, /
IL could be sold in one body. woult
be sufficient TO attract a good clas
OF farmers who would purchase tht
same for homes for themselves ant
families and would become bona i'd
residents and would go upon and cul
tivate the same. The lands would thu
be occupied by n desirable and thrift,