The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-29
COURT DECISION
INVOLVES MILLIONS.
continues from PAGE g.,

lion except to the United States or
Fith their consent"
BY virtue II the treaty of 1897 Ot
stat al Large. 51S) the Chickasaws
and Choctaws Jointly held tho Choc
taw grant on the same terms that the
t'hoctaws preyiously held it.
BY virtue of treaty Of June %. 1856.
t was provided that certain dis
trict in the Choctaw nation should he
occupied By the ChiclS8saws. aud that
tho land included in both the Choctaw
lnd the Chickasaw district was Ia be
held in common so that each and
evcry member Of said tribes shall
have an equal and undivided Interest
in the whole. Art I OF said Treaty is
rs follows
And pursuant o. an act OF congress
approved May rs, 1880. the United
States DO hereby forever secure and
guarantee the lands embraced within
The said limits 10 the members or the
choctaw and Chicasaw tribes. their
heirs and SUCCESSORS, 10 be held in
common: SO that each and every mem.
Der of ej.her tribe shall have an equal
undivided interest in the whole: Pro-
yided, however. no part thereof shall
ever be sold without the consent OF
both tribes, and that said land shall
-evert to the United states n said IN
dams and their heirs become extinct
or abandon the same"
Whilst we hold that I'm the case Of
the Seminole nation the land and
moneys OF that tribe are public prop
arty and are not held IN individual
wneiship L Is moi 10 be Inferred that
The same rule applies TO all The other
cations of The FIVE civilized tribes
such questi0n NOT being before us. the
same ie specifically reserved.
There can be no serious question
lf the authority OF congress t1 remove
The restrictions upon The alienation Of
nnd OF the allOttees without the CON
sent OF the tribe Thomas v. GRAY.
l69 r. S 26f26G. AZ T.. ed 7l0;
Stevens Y. Raceh1rse. 1888 Ji s. 50I.
n T.. ed 2il. Cherokee Tobacco CO..
u Wall e16. 20 l.. ed 227
ln section ~, supra ~ the Act OF
congress OF March 8. 1893. wherein
the congress consents TO the allotment
Of the lands In seyeralty nat exceed
ing one hundred and sixty acres of
land 10 any one individual within
the ,in'us OF the country occupied by
'he Cherokee. Greek Chootaw Chic
kasaw and Seminole nations II was
carrying out the settled policy there
tolore existing ON The part of the
general government toward the I'M
lian tribes ln the various treaties
made IN 1866 between the United
stairs government and the Eve civin-
zad tribes. lt Is apparent that il was
contemplated that those lands should
be ultimately allotted la severaliy.
And sald section rs was evidently I'M
serted with the view that the Indian
tribes upon their own initiative. ~
'hey s., elected might proceed with
such allotment Rnd that such allottees
would. by virtue Of sec. 6, chap 10.
"a Stat az Large. 800. supra by the
completion thereof and the Issuing Of
pstenis, hec1me citizens OF the United
States
IN The succeeding section which Isl
section l6 ~ said act. congress also
Contemplated the imitation of such
movement on the part Of the federal
royefnment; IN other words the Uni
ie1 States government by an act OF
r>agress of March ., 1893. said to the
members or lhe FIVE civilized tribes.
~ Is opr policy 10 extinehish the In
dian title in your country. and albt
mont iu seYcraliy being necessary 10
accomplish iris we consent that you
MAY proceed With the alloimeai. bat
af iho same time rgceenizlne NE fact
that there arc eraFo doubts of your
aciins npon such suggestions com.
inissloners on me bart ef me general