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

Ana as result Ot that negotiation
the treaty Of the 10th day of Deccm-
ber. 1897. was consummated. providing
for the classification OF the lands and
The lands an dthe division OF the
same.
AS was said ~ the court in the
case Of Witherspoeu v. Duncan. supra.
Il necessarily happens in consummat-
ing the machinery of allotment. and
the issuance Of patents for the same.
IN the reasonable expedition Of such
business that years may elapse be-
fore the sam, fisally issue.
Further. lt must have oeen intended
by the words. that each allottee
shall have the sole right OF occupancy
of the land SO allotted TO him during
the existence OF the present tribal
government" TO exclude the tribal au-
thoriHes, under their tribal authoi-
ty, from attempting to deprive such
allottoe OF the individual use thereof
in other words il was the purpose Of
congress TO bsidg TO an end public
ownership. and it was perfectly ma.
iural to insert a provision that would
exclude. during the continuance of
the tribal government, the tribal au-
thorities from doing anything that
would continue such possession and
use OF such allotment Ii is further
proyided that each alloitee shall have
the sole right CT occupaney Of tie
land so allotted TO him until lie mem
bers of said tribe shall becpme citi-
zens OF the United states Under sec
6, chap 1l9. "a Stat at large 800,
supra the allottee would not become
a citizen of the United States until the
pate7t was issued 10 him. Said sec.
lion Is as follows:
allottee would not become q citizen
Of the United states until the patent
was ISSUED to him. Said section is as
follows:
That upon the completion of said
allotmenis and the patentlng Of said
lands to aid allotiee. each and every
member of the respective bands or
tribes OF Indians TO whom the allot-
ment shall be made shall hsyss eela';e
benefit Of and be subject to the laws,
both civil and criminal, the state
pr territory in which they reside: and
no state or territory shall pass Q law
denying any such Indian within it's
Jurisdiction the equal protection Of
The law, and every Indian born With
In the territorial limits OF the United
States 70 whom allotmenis shall have
been made under the provisions OF
this act or under any law of the ter
ritOry. and every Indian born within
the United States who has Voluntarily
taken up within said limits his resi-
dence separate and apart from any
tribe Of Indians therein, and has
adopted the habits of civilized life, is
hereby declared to be a citizen of the
/ United States, and entitled TO all the
rights, privileges and immunities OF
such citizens whether said tribe has
been or not by birth or otherwise. a
member uf any tribe of Indians within
the United States. without in ans
manner affecting the right OF such
Indian or tribe to other property"
Afterwards. congress by act oil
March 8 1901 (U, S. Stat. at Large
/ Vol 81 D. l4i7l, provided: "Thai
section Of chapter 49, Of the T. s
Statutes at Large. No "a page 800
I Is hereby amended as follows. ta-wit.
After the words civilized lie in line
! l3 OF said section 6. insert the words
and every Indian in tho Indian Ter
ritory9
And later, congress provided by act
Of April q, 1904, (33 U. S. Stat. al
I Large, o. 2O4) as follows.
"And all restrictions upon tho allie
nation of lands Of all allottees Of eth
er Of the hve civilized tribes Of In
dians who We're not of Indian blood
except minors, and. except as tc
homesteads are hereby removed anc
/ all the restrictions upon the aliena
tion Of an other allotees OF said tribe.
except minors, and except as 10 home
steads. may, with the approval OF the
secretary of the interior, be removed
under such rules aud regulations az
The secretary Of The interior may pre-
scribe upon application Of the Unitel
States indian Agent at the Union
agency i'm charge of the FIVE civilized
tribes. If said agent Is satisfied, upor
/ run Investigation feach individual
case. that the removal of said restric
lions Is for the best interest OF Said
allottee
/ Why did congress include the Semi
mole nation within the provisions OF
this ACT unless 81 would have had the
effect 20 render lands alienable in said
lnatIong
/ With the act of March 3, 1888 for
/ the allotment and division Of The land.
+ I'm severalty among the Indians. and
with the view of the Ultimate crea
1 ltiou of state this act, remov
ing restrictions as 10 alienation
Iaccords Just as ihe general
government by donation and home
stead acts has laid The predicate
for the establishment ani building 81
homes Within other statesl erected ouf
Z of the territories. in the country Q
I fhe Five CIVILIZED tribes where ma
pablie q main existed foi settlement
ihy tho non-citizens therein the neces
sits arose for the removal of restric
tions on alienation that fhe lhdiar
might have opportunity tO sell am,
convey TO his non-eitizen neighbor mc
homo builder Such a course being n
1.-THE mutual adyantage Of both races, ia
bring about individual ownership
erect a state and industially and com
merciany dcvelOp the SAME And
N'ih like nurpOsp ID is proVidnd in thf