The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-15
THf StPRfMf CObRT DECIDfS


tive grant of the absolute tiiN boia De-
gal and elniiahieto her uf Che lands So
ifaknu in aro.nnW ard ia iho =
soQueni Issuance of the patcni no her
or her helrs was mere evidence ol
iinle already conferred and added
lnofhing thereto.
In oiher words. q IS contended That
section & OF this aRrecmeui intended
lto make an prior alloiiees favored ob-
ietts of Che LAW aud confer upon theu
absomie ind immediate tiile iO their
ialhimeuts by legislative grant theis
lby placing them on g higher plan
than those 10 come after them lct
ms SEQ WAeiher Section g VIII Laar
lsich q eoeairuttion
Lewis smihtrland stat Con, Sec
iSii says.
eii Is Indispensable ~ p curreci rn.
ldorstandiug OF statute TO inqace
FIRST whai Is he subject ol H. what
lonieci is intended TO be accomplished
lbl b. Wien the subject maiter i5
Ionce clearly ascortained and iis gen
leg2l intent a Key is found To all is
lntricacies
At the fim this aci was passed the
Dawes Cnngdsei ion had been in eNie
ltencA to tete!al years negotiating
With The Five Civilized Tribes Win
a yiew 20 iA.kils roll ol fhcir ei5f
2ens and inducing them. hv agree
ment. % take their lands in severalty
4 The agreement Of September 81, S97
had failed Of ratification by the creek
! Council had bcen embodled I'm the
terms OF ,he Curtis Bill and submit
tied tor ratification to vote OF The
lCrcek people and bad been geiccied
lna ti.Bi sn.ce The opening OF the
lCrcek i9i''iscnt office on april !. 1899
lup 40 June 30 1901 l06l7 persons ap-
lpcared before the Commission and
lmade application to select allotments
iOf this number 9557 received q pre-
llimlnarg allotment OF one hundred and
/ sixty acres and lOG0 made partial ae
llections The selections made up 70
land urMding iune 80 i90i coyered
an dcteaee Of t.G2G.9l7 acrea. Up %
the tipie rf the ratification OF this
toripinai agree ment tMay 25ih. laUil
these allOtmcntH were made under Tho
general provisions OF the Curtis Bill
ifor ,ho reason that the agreement OF
September %, 1851. had failed Of raii
1 iicaiiOil and inasmuch as II was the
D lIfflifN Bt tlit tNtfifNl tNAfAAfE w AiNNilN
lish allotment with The consent or
lsueh nations or tribes of Indians, so
far as may be necessary aud mas
much as q vast number OF allotmopis
had then been made without the cot
sens Of the creek people. in order TO
put the leEt efficacy of those allot-
ments beyond question and 20 save
perhaps the United States the vast
( labor and expense oi making them
over again, and TO thus facilitate the
work OF the Commission. Section q
was embodied IN that agreement IN
/ that section the Commissioners were
not dealing with the subject OF title TO
lalloiments bur with the work OF maxi
ling ailotments. The matter of patent
and the legal lille 10 allotments was
dealt With elsewhere in the agrec-
lment
In constituting this section Il S.
urged IN effect. that q should be done
las though II read
CThe titles tor tall all0iments made
Ito Greek citizens by said Commission
ll,rior to the ratification of this agree.
lment as TO which tsaid allotmehts)
There is no contest are cor
ldrmed
This cannot be done gar the casnn
that we believe the intent of that part
lni the etiipg - 20 ccnhrni the work
lol uilotnl" = already aCcOHril i,d. ar
Stated and TO provide that said Corn
lm ss, II s';li continue the Whrl, 4, ~
lotment Of Creek lands to eitizenH of
the tribe rs heretofore
We are not unmindml OF the author
tiles cited I'm support of the propod.
ton that the words OF this section car
Try with them a legislative grant but
those were cases where the United
States was vestins title to its own
lands and not to lands OF another IN
(which according TO the Act OF March
t3, 1898, u only claimed a 'reversiOnary
Interest Besides. this very agree
mem ander the head OF Titles
specifically provides how the Legal
title shall be obtained:
Section %. Immediately after tn,
ratification OF this agreement by Cen
ereas and the tribe, The Secretary Of
the Interior shall furnish the Principal
Chief with blank deeds necessary fol
IAN conveyances herein provided for
land the principal chief shall thereupo
proceed 10 execute in due form and de
liver "a each citizen who has selected
on may hereaiicr select his all0tmen,
which Is not contested. q deed con
yeying TO him an right title. and in
teresl o lthe Crek Nation and OF al
lOlhcr citizens In and 10 the lands en-
hraced Ia his allotment certificate
AN conveyancos shall be approve,
10y lhe Secretary ol the Interior, Whici
Shall serve ns q relinquishmeni to thi
grantee OF an the right title and An
,eresi Ul lhe United states in and Il
lhe lands embraced in his aocd
Furthermore upon the face az soc
iion no such inicntion appears. pa,
when we remember that SAID section
comprises a part oi au agreement VIII
@ simple and dependent people whioI
was submitted 20 them for their aa
IlrOial it would be manliosily uufa
io construe q in any other muune
2 ihaH that ia which % WIS ohyloaei..
understood by them al that time aa
lne ihe terms employed in their CON
imoq and ordinary accoptallon Such
~ Seems ig the rule of construction
of Instruments owing their force an
IrfnCl I'm tha ratification al fhn nnouI