The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-29

Seminole tribe selected his allotment
that the same being segregated from
the contnon mass of the Seminole
land, that after the Issuance of the
cc-lia,Ste tu him. therefor that his
right thereto became absolute and in-
deicasible. that by the terms of the
treaty he was TO have the sole right
.of occupancy during the existence of
the tribal government. the tribal au-
thoritics thereby being excluded from
continuing ANY further public ocru-
,pancWso far as said allotment Ntsi
'conceued, and it being coptegmJAFsd
by said treaty that a patent should.
be issued to the allottee Immediately
on the expiration OF the tribal govern
ment, IL naturally followed that such
member of the Seminole tribe wonld
then and there become citizen Of
the United States II was further
then the intention of congress to
restrict the alienation of all of said
allotment until the expiration OF the
tribal government by the iseruon Of
the following clause in said treaty
agreemtht to-wit.
"All contracts for sale. disposition
or encumbrance of any part of any
allotment made prior to the date Of
patent shall be void"
In fine, it Is provided that during
the eNistence Of the tribal govern
mont that each allottee shall have the
sole right Of occupancy of his allot.
ment and until the members Of the
tribe shall become citizens OF the Uni
ted States. Then follows the restric-
tions of the alienation until tie patent
shall be issHed When all such re-
strictionc Cn alienation We're removed
what prevented the allottee herein
from executing q valid conveyance.
Further. cLug.ess in section lG
chapter 1876, eHtitled AN act to pro.
vide for the nnSi disposition of the
live civilized tribes IN Indian Terri
tNry and for other pTpc pcses," approy-
eil April 26, 1906, provi5es that: Con.
veyances heretofore made by members
of any OF the five civilized tsibes si0
sequent TO the selection of allotment
and subsequent 60 the removal sc re
strictions, where patents thereafter
issue sball not be deemed or held in
valid solel. because said conveyauces
We're made prior 10 the issuance aud
lrscording and delivery of patent or
ldeed; but this shall not se held or
construed affect the alidity or in
validity of such conveyance except as
hereinbefore provided" d;".............
When we consider this provision in
connection with the act of April 2l
I 1904, removing all restrictions upon
The alienation of lands OF all ailottees
of either OF the FIVE civilized tribes OF
4 indians. who are not of Indian blood
except minors and except as to home
steads, in the light OF Barney " Bolph
supra and the other authorities here
tofore cited unquestiouably the allot
Ice herein could convey all of his al
lotment except that portion designated
I by him as his homestead.
In the case of Pickering v. Lomax
has L. S. $40. SO l.. ed. TIC, IL wa,
held that the consent of the secretary
of the interior was effective though
given after the execution of the deed
In that case the patent Of the Indiar
contained a stipulation authorized by
treaty that the land should not b,
conveyed to any person whatever
with at permission OF the President
lof the United States A deed was
made to the Indian, however. Angus
2 1885 which was approved by the
1 President January 2l, 1871 nearly
thirteen years thereafter, and 1t waI
held that the approval related bacl
OF the time OF the execution of The
deed ard made it valid as TO thai
deed, regardless of the claim of any
intervening parties.
'qlBJ09W "A supNT 10 espo 8ul uI
lS4 u S. III, 4e /. ed. iS5, IL is hel,
that the consent Of the secretary q
the interior to a conveyance by one
aoiding under a patent containing
restriction stipulation, may be giver
after the execution of the deed, an,
when given is retroactive IN it's effec
and relates back 10 the date Of IN,
conveyance, regardless Of the claim o
inteweline parties whose allege,
rights accrued subsequent to the dat,
of the conveyance.
What was the intention OF cOngres.
when 10 removed restrictions from
alienation OF allottees moi Of Indial
blood as to their surplus allotment il
the Seminole country2 II the con