The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-16


mong the lndians OF such nations or
ribes respectively. 4 may be en-.
tiled to The same. or BY such other
lethod as may be agreed upon be-
ween tire several natins aud tribes
foresaid. or each of them. with the
inited states, with a view 10 such
djustment. upon the basis OF JUS
ice and equitf as may with the con-
emf OF such nations CT tribes of In
lians so far as may be necessary. be 4
'eQuisite and suitable to enable he
Ultimate creation OF state or states
fthe Union which shall embrace the
ands within sail lndina TerritorM
When we consider the foregoing ex-
repts from the act 81 March 8 1898
ght Is shed upon the agreement al
arwards entered into on the 10th day
December 1897 heretofore refer
ed to- The said agreement In part
rovldes as follows.
A lands belonging to the Seminole
ribe Of Indians shall be divided ia
0 three grades, designated as the first
ecOnd and third .-....-... ~ and the
anne shall be divided among lpe mem
ers of the tribe SO that each shall
ave an equal share thereof IN value
% far AZ may be. the location and
ertility of the soil considered. giving
o each a right TO select his allotment
70 as Il include any improvements
,hereon owned by him at the time,
md eac h allottee shall have the sole
light OF Occupancy OF the land So al
otted 10 him during the existence of
he present tribal government and un-
II the members OF such tribe shall
ecome citizens OF The United States.
such allotment shall be made under
ne direction and supervision OF The
Commission 10 the five civilized tribes
n G injection with representative ap-
ointed by the tribal government and
the chairman of said commission shall
EXECUTE and deliver TO each aliottee
certificate describing therein the
and allotted him. All contracts
or sale disposition or encnmbrance
T any part of any allotment made
irlor to date OF patent shall be void
II shall be observed that said lands
~shall be divided among the members
If the tribe so that each shall have an
,qual share thereof In value So far
IS may he, the location and fertility
II the soil considered: giving 10 each
the right TO SELECT his allotment So
IS TO include any improvements there
IN owned by him at The time, and
sach allottee shall have the sole right
of occupancy Of the land So allotted
10 him during the existence OF the
present t9ibal government and until
he members of said tribe shall be.
come citizens Of the dinHed states.
Observation-Disclosures. and the chair
/ aan OF said Commission shall execute
md deliver to each allottee a Serti
lcate describing therein the laud Az
9tted 10 him.
Obviously upon the se'rcuon Of his
allotment and the receipt by The al
lottee Of certificate signed by the
Chairman OF the Commission f,he
five civilized tribes the land de
gcrbed IN said certificate was segre
GATED fro mshe mhon mass OF Sem
mole land Il could not therefore be
allotted to any other citizen The al
lottee could not be deprived Of the
same either by the federal government
or the lndain tribes
In the case q Wirth u Branson.
| Otto e.. 81 IFS. the court stated
The rule is well settled by lonl
course OF decisions that where pub
lfc lands have heen surveyed ani
placed p The market, orotherWis
opened 20 private acquisition a per
son complies with All The requisite
necessary TO entirle him 4 patpn
for particular l0t or tract shali D
/ regarded as the equitable Owner taer,
{ or and the land is no longer open q
: selection. fhe publie faith has bi
r come pledged te him aud ans subat
auent grau OF the same land e
another party is void unless che iirs
selection or entry be- vacated ana ss
2 aside"
. 10 ihe case 81 l.andes " Brandt D
; How Cu 81 87l the court says
I ~Crui on Real Properly iNol
D. $40. SID. lays down the d0ctrin
with great distinciness fie says.
There IS no rule better founded Z
law. reason. and conscience than thl'
thar an the several acts and caremoi
+ les necessary to complete c0nvel
r ance shall be taken together ls on
= aei and operate from the substantla
part by relation
\ For The purpose Of this ease iwiil
out proposing & apply fhe rule
p every otherl We may assume taat q
p first aei Of ClaymOrean vas mat {
2 filing his tile papers and claim wii
q the recorder Of land titles. acc7rdln
, % the fourth section of the act