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

visional Government Of Oregon. or
since. and either shall have died be.
fore patent issues. the survivor and
childten or heirs of the deceased in
equal proportions. except where the
deceased shall otherwise dispose of
Il by testament duly aud properly
executed according to the laws Of Ore
gon; and then that an future con.
tracts by any person or persons en-
titled TO the benefits of this act for
the sale OF the land to which he or
they may be entitled under this act
before he or they shall have received
their patent therefor, shall be void
The amendment OF 1854 repealed this
prohibition of sales
"1he point to be decided Is not
whether. before the amendment. such
conveyance could have been made,
or whether. II the conveyance had not
been made. the children or heirs of a
deceased husband or wife would take
bsi descent or purchase, or whether
the grant from the United States was
one which took effect from the time
| lcf the passage of the act, or a sub
eequent entry and settlement; but
whether after the amendment the hus
band and wife held by such a title
that before patent, but after their
fright to one had become absolute
they could sell and convey SO as tt
vest In the purchaser either lesa
or equitable estate in Zee simple:
legal II the title had already passed
out of the United States by virtue al
the act Of congress. and a full com
pliance with its provisions; equitable
lif the patent was needed 20 parfec
the grant The question Is one o
Legislative intent, to be ascertainee
by examining the language whicl
congress has used, and applying 1t t,
the subject matter OF the legislation.
The prohibition OF sales. although
contained in section A. applied to al
persons entitled TO the benefit OF Tn,
act. and It's repeal was under the cii
cumstances, equivalent to on express
grant Of power to sell The prohibl
tlon was OF the sale. before patent. o
the land 10 which the settler was en-
titled under the act. The repeal
therefore, operated under the circum
stances the same as a grant OF pcwe
to sell the land even though a paten
had not issued This. in the absenc,
OF anything 10 the contrary, implle,
the power to convey all the govern
meni had parted With"
when the right 10 a patent ono,
became vested in settler under tn
law. II was equivalent. so far as th
government was concerned. TO a pat
ent actually ISSUED We so decide
In Stark " STAIRS Csupra) The exc
cution and delivery of the patent a
ter the right TO il is complete are IN
mere ministerial acts OF the lffee
charged with the duty. An autho
lied sale by a settler therefore. aite
his right TO patent had been fnll
secured was. as TO the government
a transfer Of the ownership OF tn
land"
Il Is clear that under the proyisio
r the treaty of the 18th day Of d.
cember. 1897. when member Of tn
Seminole tribe selected his allotmeT
that the same being segregated froI
the common mass Of the Seminol
land. That after the issuance OF m
certificate to him. therefor. that HI
right thereto became absolute and Il
defeaslble, that by the terms Of Nh
treaty be was to have the sole rigl
Of occupancy during the existence {
The tribal government. the tribal al
thorlties thereby being excluded frOi
continuing any further public occl
pancy 81 far as said allotment wa
concerned and Il being contemplate
by said treaty that a patent shoul
be ISSUED TO the allottes immediatsl
on the expiration of the tribal govern
ment. 1t naturally followed that sue
member Of the Seminole tribe woul
then and there become q citizen &
the United States II was clearl
further the intention OF congress I
restrict the alienation Of an OF sal
/ allotment until the expiration Of th
tribal government by the isertion ,