The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-16
|uStIce
Williams

the Seminole tribe. as provided in the
Seminole agreement OF December 16,
1897; that no patents have been de.
h,rted and executed by said Prinet
pal Chief to any OF the citizens 4
: the Seminole nation. whether Of In.
dian blood on not OF Indian blood
Plaintiff further alleges that said
Robert James heretofore mentioned
has selected his homestead out OF the
land allotted to him in the Seminole
nation. and that the land described
IN defendants complaint / snO par
Of The homestead Of Il bert James.
Plaintiff further alleged that sale
note evidenclng the debt due by saiC
Robert James is nov and was due and
payable at he time this action was
instituted
Wherefore plaintiff prays that said
deed or Instrument Of writing be de
clared in fact and IN equity mort
gage, and as such foreclased By pro,
per decree. divesting the title out OF
the defendant and vesting It In the
plaintff being upon the payment OF
the amount of Indebtedness due the
defendant by said Robert James on
said note. and If seld relief can not
be granted commission appointed
e reconvey the title by deed to the
plaintiff and such other and general
reliefas It may be entitled TO.
Thereafter. on the gath day OF April.
1906 the defendant demurred to said
amended complaint for The reason
that the facts therein stated were NOT
sufficient to constitute cause of act.
ion. and thereafter. on the 25th day OF
june 1906 said demurrer was by the
court sustained to which action a.
the time plaintiff then and there ex
copied and defendant falling 10 plead
further TO a decree was therein render
ed in favor OF the defendant. dismiss
ing plaintiffs amended complaint and
taxing all the costs against him. plain
tin az the time duly saving his ex
ception TO the action Of the court.
Thereafter, the plaintiff duly prose-
cuted its appeal to the United States
I Court OF Appeals cf the Indian Ter
ritory. and the same Is now properl,
before This court by virtue of the PRO
I visions OF the Enabling Act for de
+ I rminaion
Opinion 4 the Court
Ry Williams, G. J The question
to be adjucated in this case is whether
on not a citizen OF the Seminole ma
ten not of Indian biood, after select
inc his allotment and receiving his
certificate of allotment from the
chairman OF the commission to the
\ five civilized tribes. as provided for
4 by the agreement of the 10th day OF
December a. D.. 1897 on the part OF
the Seminole nation Of Indians with
the United States OF America, ratified
by an act of Congress approved on the
lst day Of July. 1898. go sta. at Large
563; kappler's Indian Affairs, Laws
and Treatiss second Ed, Vol. I. .
662), can make a valid sale, deed ol
conveyance to that part OF his or be
allotment not selected as his or her
homestead after The removal OF IN,
restrictions on the alienation by IN,
Indian Appropriation Act approve,
April q. 1904. although no patent ha,
been issued lr delivered TO such al
lottee before he undertakes to alien
ate the same
That we may properly understan,
the provisions Of the Seminole Treat,
OF 1897 IL is important that we e.
anime the treaty made and conclude,
az Washington D. c.. March 81, 1866
between the United States Govern
ment and the Seminole nation. an,
ratified on the 18th day Of July. 1866
II is by virtue OF this treaty that tn
Seminoles acquired the title or righ
he In,
Gle 3 of said treaty GA Stat at Large
If5 Kapper's Indian Affairs. Law
and Treaties, Vo, q p 91l). provide
as follows:
The United States having obtain
ed. by grant 81 the Greek nation. th
westerly half OF their lands. hereb
grants to the Seminole nation th
portion thereof hereafter describe,
which shall constitute the Nationa
domain Of the Seminole Indians. Sal
lands so granted by the United State
o. the Seminole nation are hounde
and described as follows. to-wit:.
In consideration Of said cession q
two hundred thousand acres of Ian
described above, the Seminole nati3
agrees 10 pay Thereon the price of ffi
cents per acre amounting 20 the suI
of one hundred thousand dollars whic
amount shall be deducted by the su
paid by the United states far Semino
lands under the stIpulations aboN
writer. ..................
Section Q of an Act of Congress-, a
proved March 3 1898, ca T.. s. Sta
"a Large G45l. in part Is as follows
The consent of The United STATE
is hereby given to the all tment
auds ia severalty not exceeding ol
hundred and sixty acres to any ol
ndi5idual within The limits OF n
country occnpied b. the Cheroke
Greek. chociaws. Cmckasaws al
seminoles and upon such allaime
the individuals 10 whom the same mi
; be allotted shall De- deemed 10 be
an proper respects citizens OF the q
iied STATES
Said act further provides for d
appointment Of mmissinners 90 z
ter Into negotiations witb the ii
civilized tribes for Che purposes OF Z
lfneuishlns their national and fril
titles 10 land section ne ~ said A
iE IN part as follows;
The president shall nominate, al