The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-07-29
RESERVATIONS TRANSFERRED
RETURN TO RED MAN
Statute Which Became Effective
Monday Makes Future
Sales Legal

st. Louis, MO. July 29-The United
States court of apeals at st. Louis
has handed down a decision which Gp
holds to the fullest ektent the law
IN which Congress decreed Rat an IN
dian can not sell his allotment res
erpation land within twenty five years
from the date of his land patent I'm
der this decision all titles to indian
allotment lands, whether obtained un
der the sanction of the court proceed
are or by any other means, which
pGrport TO be a transfer OF title from
an Indian or his heirs within the pc
liod OF limitation are inyalidated
The court lays down broad rule
of law in the case at bar which Is
.efefred to as involving a question
oi great public Importance Ihous.
ahds Of land purchases from lndiaT
IN Oklahoma and states where there
we've large Indian reservations are at
iccted by the decisions.
Ihe question OF what effect the de
cision VIII have on the recent act of
Congress removing restrictions on the
sale cf lndian lands which went into
eject Monday, and under which hun.
dleds III transfers viii be made in
Oklahoma within the next few days,
was submitted last night to ST. Louis
attorneys who have dealt widely with
these cases. Without having had the
Opportunity TO examine the courts
opinion w. L. sturdeyant was OF the
opinion that the new law supercedes
rhe cid law and terminates the TWEEN
ty-fiye yeai Limitation in all classes Of
sales authorized by the new law lie
said
The new act was passed May a.
1893, and will hold good as to sales
after July %, 1908, without having
any effect on sales prior to this
time II removes the restrictions On
lands OF all freedmen, including their
homesteads, and on the lands OF all
indians of less than one half blood
Ii further permits the sale cf the in
hcrited lands of ali fullbloods, where
the deed is approved by the probate
co,ft Ct the county where the Indian
resides
Suits Based on Old Law
Il take il that the case decided was
onc of a class in which an Indian at.
tempted 10 ALLEVIATE his land in spite
tf the oil lazy. Under this laK, a full
blood could not sell his land whether
allotted or inherited There have
been thousands of such sales, or
however. and the suits which
the government Is bringing on behalf
II the Indians TO void these trans
fers are based on the old law While
such sales are void. the fact that a
conveyance OF some sort exists makes
a cloud on the title and a safe un.
der the new lav difficult
The case is the suit Of Arthur Bnf.
.alo, 2 minor, by J. F. Robinson, his
guardian, against c. d. Goodruu, a
banker Of Lamor Mo, ana others
which came up from the court ~
appeals Of Indian Territory, the decis.
ion Of which against Goodrum Is az
flrmed The suit began in eiectment
proceedings brought by Buffalo. an
lnlian bey, against GoOdrum, over
lard which G2odrum had possession
OF in the Quapaw reservation.
The land patent was issued to John
Ne icine Quapaw, as an allottee OF
reservatiOL lands of his tribe. Medi-
cine died IN 1896, leaving a daughter,
ollie, and a son, James Medicine on.
Ne died la 1904, leaving as her heir
the Buffalo boy James Medicine died
In 1903.
GOedrum got a deed of conveyance
from Ollie Medicine by purchase, sub.
sequent TO the death of James Med
'iclne. James Medicine also gave
Goodrum a similar deed, ani these
conveyances were set up as part OF q
stipulation OF facts on which a law
suit iny-lving payment for the land
vas tried IN the United States court
AZ Vinifa ]. + This court held the
safe by Ollie was valid ana a similar
decision was made by the United
atates court al Wagner. !. +. on
the deed giycn by James Meiinine.
The court OF appeals sets thes,
aside, says that the act OF Congress
making an allotment inaliolaDle fol
twenty-five years was passed as
matter ci public policy and safeguNt
90 the indian from the mastery anf
craft of the white man, and hold.
any and all schemes or devices re
sorted 70 for acquiring a title 10 In
dian allOtmcnts during the period o
limitation as abh0riye"
Gcodrum raised the question OF thl
transfer being valid on coraInOn Law
principles The court holds that thl
1common law Is not applicable, an,
thai the acf of congress override.
the common law and denies 10 az
Indian The right of stipulation ii
w. such as WIS done IN this case
Judge Philips wrote the opinion. viii
Judge sanporn and Aaas concurrine