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

Fed States government hS an act Of
congress OF March g. 1898. said TO the
members of the five civilized tribes:
70 IS our policy to extinguish the In
dian title in your country and allot
ment in severalty being necessary TO
accomplish this we consent that you
may proceed with the allotment but
at the same time rec1g 1gnizine the fact
that there are grave doubts OF your
acting upon such suggestions, com
nissionors on the part OF the general
government shall be appointed Go
negotiate with yau looking TO that
end ineorder to bring about the al
innate creation Of q state or states of
the Union which shall embrace the
lands comprising Your territory
And as result of that negotiation
the treaty of the 18th day OF Decem-
her, 1897, was consummalcd. providing
i0y the classification of the lands and
the lands an dthe division of the
same.
AS was said by the court In tho
case Of Witherspo1n v. Duncan supra.
it necessarily happens in cousummat.
ing the machinery OF allotment and
the issuance of patents for the same,
in the reasonable expedition Of such
business that years may elapse be-
fore the same finally issue.
Further. It must have been intended
by the words that each allottee
hail have the sole right OF occupancy
oi the land so allotted TO him during
the existence OF the present tribal
/ government to exclude the tribal au-
thorihes, under their tribal authori-
Ity. from attempting 10 deprive such
allottee of the individual use thereof
I Ii other words II was the purpose Of
congress To bring 10 an end public
/ ownership and ii was perfectly ma
tural to insert provision that would
exclude. during the continuance of
The tribal government. the tribal au-
I thorities from doing anythins that
would continue nuch possession and
use Of such allotment II IS further
provided chat each alotfee shall have
the sole right Of occupancy of the
land so allotted to him until the mem-
/ be-s OF said tribe shall become citi-
zens of the United states Under sec.
3. chap ll9 "a Stat at Large 800,
supra. the the act of March 8 1898,
Tor the allotment and division OF the
ands in severalty among the indians,
and the ultimate creation Of state
This act, removing restrictions as 10
alienation ace rds. jus, MS the gem
aral government by donation and
homestead acts has laid the predicate
tor the establishment and building Of
| homes within other states erected out
OF the territories in the country Of
ihe Five Civilized tribes where no
public dman existed for settlement
by the noncitizens therein the neces
sity arose for the removal of restric
tions on alienation that the Indian
might have opportunitt 60 sell and
convey TO his non citizen neighbor and
homie builds Such "a course being "a
lAe mutual advantage OF both races 10
bring about Individual ownership
Greet state and industrially and com
nefclaly develop the SAME And
With like purpose it is provided in the
treaty of December l6, 1897. as FOL
ows. THE t0wnsite of Wewoka
shall be controlled and disp sed OF
according 10 the provisions OF an act
of the Gonerai Councl OF the Semi
mole iatlon approved April 28. 1897
relative thereto; and upou the eXtin