The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-18
COURT DECISION
INVOLVES MILLIONS

paving for The same. Suppose that
said treaty had also had provision
in IL that such purchaser 90 such lot
shogld not ALLEVIATE or cucumber the
same in any way until said convey.
ance had been executed by the proper
tribal authorities. and Afterwards that
prohibition as to alienation or eucum-
brance had been repealed, wouh any
one have the hardihood ts contend
that such lot would not then become
alienableY A similar question was
passed by the Supreme Court Of
the United States in the case OF Bar.
ney " Dolph. Otto. 81.
In the succeeding section. which is
section i6 OF said act, congress also
contemplated the Initiation Of such
movement on the part Of the federal
government; in other words the uni-
tel Stetes government by an act ~
congress OF March 3. 1893, said to the
members cf the Five CIVILIZED tribes
IT Is our policy to extingash the IN.
dian title In your country. and allot-
ment IN segeralty being necessary to
accomplish this. we consent that you
may proceed with the allotment. but
At the same time recognizing the fact
that there are grave doubts of your
acting upon such suggestions, com
missioners OF the part of the general
government shall be appointed to
negotiate with you looking TO that end,
In order 10 bring about the ultimate
creation 1f a state or states Of the
Union which shall embrace the lands
comprising your territory" And as a
result OF that negotiation the treaty
of the 16th day OF December. 1897
was consumated. providing f,r the
classification of the lands and the di
vision OF the same
As was said by the court In the case
of Witherspoon v. Duncan, supra, Il
necessarily happens in concentrating
the machinery of all5tment and tht
issuance of patents for the same. IN
the reasonable expedition OF sucl
business that years may elapse be
fore the same finally issue.
Further, 1t must have been inten
ded by the words. "that each allottes
shall have the sole right OF occupanc,
t the land so allotted to him during
the existence Of the present triba
government" to exclude the tribal au
thorities, under their tribal authority
from attempting 10 deprive such allo.
Zee Of the individual use thereof II
other words il was the purpose o.
congress to bring TO an end publ,
ownership, and Il was perfectly natur
al to insert provision that would ex
clude. during the continuance OF th'
tribal government, the tribal authorl
ties from doing anything that wonl,
continue such possesiscn and use o
such allotment II is further proyid
ed that each allottee shall have tn,
sole right OF occupancy OF The land 81
/ allotted to him until the members o
said tribe shall become citizens of tn,
/ omitted States. Under sec. 6, chap
! l19, "A Stat. az Large. 800. supra, thi
i succsscr to be held in common; 81
tribe shall have an equal. undivide,
( interest in the whole: Provided, how
( ever, no part thereof shall ever b.
sold without the consent OF both tribe
and that said land shall revert TO tn
1 United States If said Indians and thei
heirs become extinct or abandon tn
same
Whilst we held that in the case O
the Seminole nation the land an
moneys of that tribe are public prol
erty and are not held in indigidua
ownershlp, it Is not to be Inferred tha
the same rule applies 10 All the othe
nntions of the five civilized tribes
Such question not being before "a
the same is specifically reserved
There can be no serious questio
of the authority of congress to r.
move the restrictions upon the aiie1l
tion of land cf the allottees witLa,
the consent Of the tribe. Thomas
Gray. 100 u S. 2G4-266; 42 L. ed 74(
Stevens " Raeehorse, 1863 U s. 50
Al L. ed. 244. Cherokee Tobacco &c
n Wall GIG. 20 T. ed 227
in section 10. supra Of the act
congress OF March 8, 1893, wherei
the c ngress consents 10 the allo
ment OF the lands In seyeralty n6
exceeding one hundred and sixt
acres OF land 10 any one indiyidni
within the limits of the country O
cupied by the Cherokee, Creek, Cho
taw, Chickasaw and Seminole nation
u was carrying ut the settled polio
Ithsretofore existing on the part {
The general government toward th
Indian tribes In the various trsatis
made in 1866 between the Unite
States government and the FIVE civ
hzed tribes, il IS apparent that It wa
contemplated that these lands shoul
be altinately allotted In severalt
And said section IS was evidently ii
serted with the view that the India
tribes upon their own initiative
J they SO elected, might proceed wit
such allotment and that such allo
ices would. by virtue Of Rec 6. ehaI
IIla "a afnf IL Ilraa 4ann annra h