The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-05-22


tion was largely preliminary and ex-
perimental and need not be specially
noticed, because no material change
in the situation resulted therefrom.
The act of July /, 1902. 80 Stat TIC,
c. 1875, which related only to the
Cherokees an dis spoken of as the
Cherokee Agreement. was quite com
prehensiye and is the one upon which
the plaintiffs here rely. 1t made pro-
vision for ascertaining who were men,
bers and permanently enrolling them,
(25-30), for reserving certain of the
tribal lands for public purposes (24,)
TO rappraisin 9Th eother lands c., 10,)
and for alloting in severalty to each
enrolled member land equal in value
to 110 acres of the average allottable
lands CID 1t 1t declared tha tthe en-
rollment should be made "as Of Sept
ember /, 1902" and should include "all
persons then living" and entitled to en-
rollment (25;) that mo child born
thereafter" should be entitled to en-
rollment or ito participate in the distri-
ton fthe tribal property" (26;) that
durin gthe months of September and
October, 1902, applications could be
received 70 rthe enrolment of infant
children born to recognized and en-
rolled members on or before Septem-
Der | of that year, but tha tthe ap-
plication of no person whomsover for
enrolment should be received after
October 81, 1902 (30;) that no person
not enrolled should be entitled to
participate in the distribution of the
common property" o fthe tribe, and
those who were enrolled should par
ticipate nthe manner set forth" in
the act (31;) tha tthe enrolment
should be made in partial lists, which,
when approved by the Secretary of
INC ihlCllOl, WSiS " COHStlJul0 par IlS
of the final roll upon which allotment
of land and distribution of other tribal
property" should be made, and that
when lists embracing all persons law
fully entitled to enrolment were made
and approved to roll should "be deem
ed complete (2S.) There we're pro-
visions. that mo allotment of land
or other tribal property" should be
made on behalf of any enrolled person
dying prior to September /, 1902, but
but that his right in the lands or
other tribal property should be deem
ed extinguished (91,) and that If any
enrolled person should die after Sep
tember 1, 1902, and before receiving
his allotment, the lands to which he
would have been entitled if living
should be allotted in his name and
should. with his proportionate share
of other tribal property" descend to
his heirs (20) The act declared that
the tribal government should not con-
tinue longer than March 4, 1906 (63,)
directed the payement in full. out of
the tribal funds, fthe lawful indebt-
edness of the tribe incurred up to the
time of dissolution, and authorized a
pro rata distribution, among the en-
rolled members, of the tribal funds re-
naming after the dissolution of the
tribal government an dthe payment Of
its Indebtedness (66, CD But it made
no specific provision 70 rthe distribu-
tion or disposal of tribal lands re-
naming after the prescribed reserya-
tions an dallotments were made.
But the tribal government was not
dissolved on March 4, 1906. By joint
resolution of March 2, 1906. Congress
provided that the tribal existence and
the tribal government should continue
until all property of the tribe, or the
proceeds thereon, should be distributed
among the individual members GA
Stat. 1921 and b ythe act of April
26. 1906, they were further continued
until otherwise provided By law t:,t
Stat. 1877, 14S, &. 1850 On these dates
the work contemplated by the act Of
July ], 1902, had not been completed.
Some of the applications for enroll
ment, received within te time pres
cribed nthe act, had not been acted
upon: some fthe enrolled members
had not selected their allotments. and
litigation was pending which involved
the rights of some who had been en-
rolled and of others whose applications
we're awaiting action. In addition to
CONTINUED on Last Page.)