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

rcontIhuea flam &c al



II passing on g the couf held
Tin our orihion an aiioNr and na'.
eniee ~ lands in seycmiiy. pursuant
80 ihe aboNeuenhonaa aci Of Con-
sress Is seifcd of an equitable ini
terei and estate ln fee which upon
bis death before the issuance OF a
final patent therefor by he United
Statee desfcnds 10 bis heir or heirs
a. law according 70 The laws of inhefi-
tsnce Of mis- state
hi Carter " Rnddey. G. C.. A.. s..
this question came np on an action
Of eiectmenl Plaintln in error. plale-
Tin below claimed title by deed from
one Walter Boui'lge who was n hair
breed SiouS Indian 90 whom was is-
sued script nn1cr the Act Of July a..
1854 entitleda yAn Act 10 authorize
the President q ihe United states t1
cause 10 be surveyed the tract ol land
in the Territory Of Minnesota helorf
to tn Half.kveeds or mixed b.ouis
Of Dakota or Sioux Nation Of lrdians
and Tor other purposes' Tho act
authorizes The President to exchange
for D reli0quishnent of tha interest
OF said Indians derived hY the 9th At
ticle Of the treaty OF Prairie du Chcin
vi "tliL FAit fH NNAt lbs iNnNt iNi tNl'af'
ficates of ssfi5f for the same an,0nut
OF land 90 winch each Indian womb ~
entitled in case oi a division of tho
said reservation pro rata among The
claimaniE whicn certificates o. ser.n
may be ocaiea uY,n any OF tue iinds
within sad r.tf.ahon not now uc-
tuaily occupied hy actual on bsna
ilde settlers
IN other words. The exchaaFc Ms nf
general d,lc for The opportunity 10
ACQUIRE tiiles in seycralty of specific
tracts of said reservation. actually oc.
cupled BY eaeh siian or che righl TO
acquire, aero sh arte, 1lhcr lauts Il
the public domain not reserved, upon
Whith inipfOrcrea uirlt be .aatp.
The script was not trahsferrabi a.
piece of script fos eiably acres isastd
under said aci hi WHter Dohii9 ln
effect the court held hat This script
conveyed The eQuitahie title and was
nnf sufficient uPpH which il maintain
an action d 81 iscimca
Tho Court said
erho script ana rs location were
not the legal title They wosc but the
means ~ obisiulne it. u SIS
Wen settled that one having only ar
equitable title cannot maintain einel.
snent in The Federal Courts. citing
authorities.
in Quincy " Denney. rs Wis. 5iJ.
the Supreme Court OF Wisconsin IN
conHir0ing an Ael Of Congress provld
Ing iorilie allotment Of lands tc the
Stoekhfidge Indians said
The principal and controlling QU Is.
1i0a ia the case is whether the re-
..q1. g.
Congress 0f March B lS43 tSee ".
s.. stat at large. page Ci5l took suoh
an estate in The premigas allotted 10
hiu as he cousa convey hy decd or
whether this conveyance 10 James
Joshua IN iS45 was void for want {
aasienable interest In the grantur on
the part OF the respondent II is con.
tended that be deed 20 Joshua passed
. no title. and thai In fact the alloltee
itnder the Act took no assignable in
toredi in he land until The patent is
sued TO him in 1860 We deem this
an erroneous View OF the effect of the
Act OF Congress-.
After setting forth the provisions uf
the Act the Court said;
III apDears that All the require
ments of this law We're complied with.
Np to the issuing Of the patent fer the
lands by the President Now we are
of the opinion that this Act created
or gave to the allottee an equitable
eftate on title ia the land allotted 10
him which could he sold and trans
ferred by deed and that when the
patent subsequently issued 10 him 10
Injured 70 the benefit OF his grantseR
Citing MANY authorities.
That these certificates were intend
ed to convey only the equitable title
and. hence. might not be. before the
patent issued sndlcient upon which
to maintain sn action of electmenl.
and hence the aliottee might be with
out remedy ia the courts to obtain
possession os his allotment seems o
have been IN the pur,iew OF Congress
when & presid~6 ga the Curtis bill.
Section g The United States shpn
put each allottee In unrestricted pos
seasion OF his allotment and reno se
ihefeirom AL persons Objectionable %
the ailodeer
And again Ia the Act of March ts
1901 as amended by the supplemental
agreement,
seeiion 10, "rhe Secretary OF the
Interior fhall through the Vdtod
States Indian Agent n said Territory
immediately afior the ratification 90
iais appement put each citizen wh1
has made ecietiiun of his allotment IN
unrestricted possession ol his lanl
and remove ihcreirom an persons ob
ieelionabie ic him; and when auy cilt
1en ahAl thereafter make hia allot
mont as herein provided and seeiyo G
CertiAcaie therefor De shall he inne
diaiely thefcunon $50 placed in posse
j.