The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1908-07-01
REMOVAL OF RESTRICTIONS
AN ACT FOR THE REMOVAL or
RESTRICTIONS FROM PART
or THE LANDS or ALLOT.
TEES or FIVE tribes

tiOns from part of the lands Of allot'
tees Of the Five Civilized Tribes,
and for other puroses.
BE It enacted by the Senate and
House Of Representatives. Of the
United States Of America in Con-
gress assembled.
That from and after sixty days from
the date Of this Act the status of the
lands allotted heretofore or hereaf-
ter to allottees Of the Five Civilized
Tribes shall, as regards restrictions
on alienation or incumbrance, be as
follows. All lands, including home
steads, OF said allottees enrolled as
intermarried whites, as freedmen,
and as mixed-blocd Indians having
less than half blood including minors
shall be free from all restrictions.
All lands, except honesteads, Of said
allottees enrolled as mixed-blood In
dians having half OF more than half
and less than three-Quarters Indian
blood shall be free from all restric-
tions. All homesteads Of said allot-
tees enrolled as mixed-blood Indians
having half OF more than half Indian
blood, including minors Of such de-
grees Of blood, and all allotted lands
of enrolled full-bloods, and enrolled
mixed-bloods Of three-quarters or
more Indian blood, including minors
OF such degrees Of blood, shall not
be subject to alienation, contract to
sell, power Of attorney, or any other
incumbrance prior to April 26, 1881,
except that the Secretary Of the In
terror may remove such restrictions,
wholly or in part, under such rules
and regulations concerning terms OF
sale and disposal Of the proceeds for
the benefit of the respective Indians
as he may prescribe. The Secretary
Of the Interior shall not be prohibited
by this Act from continuing to re-
move restrictions as heretofore. and
nothing herein shall be construed TO
impose restrictions removed from
land by or under any law prior TO
the passage OF this Act. No restric-
ton Of alienation shall be construed
to prevent the exercise OF the right
of eminent domain in c0ndemning
rights Of way for public purposes
over allotted lands, and for such pur.
poses sections 13 to 23 inclusive, OF
an act entitled IAN act to grant the
right of way through Oklahoma Ter
ritory and the Indian Territory to
the Enid and Anadarko Railway
Company, and for other purposes,
approved February 2S, 1902 CThirty
second Statutes at Large, page 40
are hereby continued In force in the
state of Oklahoma.
Sec. 2. That all lands other than
homesteads allotted to members oi
the Five Civilized Tribes from which
restrictions have not been removed
may be leased by the allottee Y ar
adult, or by guardian or curatc' IN
der order Of the proper probate court Il
a minor or incompetent, for a period
not to exceed five years, without the
privilege OF renewal: Provided, thai
leases Of restricted lands for oil, gas
or other mining purposes, leases Of re
stricted homesteads for more than
one year, and leases of restricted
lands for periods of more than five
years, may be made, with the approval
Of the Secretary OF the Interior, under
rules and regulations provided by the
Secretary OF the Interior, and mol
otherwise: And provided further, thai
the jurisdiction Of the probate courts
Of the state Of Oklahoma over lands
Of minors and incompetents shall be
subject to the foregoing provisions
and the term minor or minors, a!
used in this Act, shall include al
males under the age OF 21 years ant
all females under the age Of II
years.
Sec. 3. That the rolls of citizenship
and of freedmen of the Five Civilized
Tribes approved by the Secretary @
the Interior shall be conclusive evi
dence as to the quantum Of IndiaT
blood OF any enrolled citizen or freed
man OF said tribes and Of no othel
persons to determine questions aris
ing under this Act and the enrollmen
records OF the commissioner to th'
Five Civilized Tribes shall hereaftel
be conclusive evidence as 10 the ag'
OF said citizen or freedman.
That no OIL, gas, or other minera
lease entered into by any of said al
lottees prior to the removal of restric
tions requiring the approval of thu
Secretary OF the interior shall be ren
dered invalid by this Act, but th'
same shall be subject to the approva
OF the Secretary of the Interior as |
this Act had not been passed: Pre-
vided, that the owner or owners 0
any allotted land from which restrie
tions are removed by this Act, o
have been removed by previous Act
Of Congress. or by the Secretary o
the Interior, or may here
after be removed under and b.
authority of any act Of Congress
shall have the power to cancel anl
annul any oil, gas, or mineral leas'
on said land whenever the owner o
owners OF said land and the owner o
owners of the lease thereon agree Il
writing to terminate said lease ans
file with the Secretary of the Interior
or his designated agent, true cop,
of the agreement in writing cancel
ing said lease, which said agreemen
shall be executed and acknowledge
by the parties thereto in the manne
required by the laws Of Oklahoma TO
the execution and acknowledgment
Of deeds, and the same shall be re
corded In the county where the liant
is situate.
Sec. 4. That all land from whicl