The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-29
Opinion BY
Chief Justice
williams
Involves Millions

70 the Seminole nation are bounded
and described as follows. to-wit.
In consideration OF said cesaion OF
two hundred thousand acres OF land
described above. the Seminole natisn
agrees to pay therefor the price Of fifty
cents per acre. amounting to the sum
Of one hundred thousand dollars which
amount shall be deducted By the sum
paid by the United States fer Seminole
lands under the stipulations above
written. ..............
Section Is of an Act of Congress. ap-
proved March 3. 1898. ca L s. Stat.
at Large, G45). In part is as follows.
The consent Of the United States
Is hereby given to the all1tment of
lands in sevetalty not exceeding one
hundred and sixty acres to any one
Individual within the limits OF the
country occupied b. the Cherokee.
Greek Choctaws. Chickasaws and
Seminoles and upon such all0tmcnt
the individuals to whom the same may
be allotted shall be deemed 70 be in
all proper respects citizens of the Tn.
tied States"
Said act further provides for the
appointment of commissioners &c en-.
ter into negotiations with the five
civilized tribes for the purposes of cN-
tinguishipg their national and tribal
titles 10 land. Section l6 of said Act
is in part as follows:
The president shall nominate, and
by and with the advice and consent
OF the Senate shall appoint three com
missioners to enter into negotiations
with the Cherokee nation, the Ch5c-
taw nation. the Chickasaw nation the
Muskogee Cor Creek nation, the Sem
mole nation. for the purpose of ex.
inguishment Of the NATIONAL or tribal
title to any lands within that terri
tor9 now held by any and all OF such
nations o r tribes either by oession
of the same or some part thereof to
he United States. or by the allotment
and division of the same in seyeralty
among the Indians of such nations or
tribes respectively may be en-
titled to the same, or by such other
method as may be agreed upon be
tween the several natisns and tribes
aforesaid. OF each of them, with the
United states with view to such
adjustment, upon the basis OF jus
lice and equity, as may with the con
sent of such nations or tribes of In.
dians, so far as may be necessary, be
requisite and suitable to enable the
ultimate creation Of state or states
o fthe Union which shall embrace the
lands within said Indian Territ3rg."
When we consider the foregoing ex.
erpts from the act OF March 3, 1893
light is shed upon the agreement af
forwards entered Into on the 18th day
Of December, 1897. heretofore refer
red to. The said agreement IN part
provides as follows
A lands belonging to the Seminole
tribe Of Indians shall be divided in
20 three grades, designated as the first
second and third ............and the
same shall be divided among the mem
bers Of the tribe so that each shall
have an equal share thereof in value
so far as may be. the location and
fertility of the soil considered, giving
to each the right to select his allot-
ment so as to include any Improvement
thereon owned by him at the time,
and each allottee shall have the sole
right Of occupancy of the land so al
lotted to him during the existence Of
the present tribal government and un-
til The members of such tribe shall
become citizens Of the united States.
Such allotment shall be made under
the direction and supervision of the
Commission to the FIVE civilized tribes
IN injection with representative APP
pointed by the tribal government and
the chairman Of said commission shall
execute and deliyer to each allottee
a certificate describing therein the
and allotted to him.
Obviously, upon the selection Of his
allotment and the receipt by the al
lottee of certificate signed by the
Chairman Of the Commission OF the
five civilized tribes, the land de
scribed in said certificate was segre-
gated fro mthe common mass of Sem.
mole land. 1t could not therefore be
allotted to any other citizen The al
lottee could not be deprived Of the
same either by the federal government
on the lndain tribes.
In the case Z Wirlh Y. Branson s
Otto CO. So llS. the court stated;
The rn1e is well settled by "a long
COURSE of decisions that whe9e pub
hc bands have been surveyed and
placed in tho market orothorwise
opened TO private acquisition. per
son complies with all the requisites
necessary 20 entitle him t7 a patent
for a particular lot or tract shah be
regarded as the equitable owner there
Of and the land Is no longer open 10
selection The public faith has be
come pledged 10 him and any subse-
quent grant OF the same land 10
another party Is void. unless the first
selection or entry be vacated and Set
aside"
IN the case O' Landes Brandt, ~
How a. So 372. the court says.
Cruise on Real Property Vol 3,
p. 510, 5l1), lays down the doctrine
with great distincmess. He says
There Is no rule better founded iu
IN. o..