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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
([1905])

Report of the Indian inspector for Indian territory,   pp. 705-792 PDF (36.9 MB)


Page 733

REPORT OF INDIAN INSPECTOR FOR INDIAN TERRITORY.          733 
section 13 of the supplemental agreement with these nations, approved 
by the act of July 1, 1902 (32 Stat. L., 641), provided that "the 
allotments of Choctaw and Chickasaw freedmen shall be inalienable 
during the lifetime of the allottee not exceeding twenty-one years 
from the date of certificate of allotment; " that while the said sup-
plemental agreement does not in terms provide that allotments of 
Choctaw and Chickasaw freedmen shall be homesteads, still the 
character of a homestead had already been impressed upon them by 
the original agreement, and, as the same time is fixed within which 
it shall be inalienable, this, in his judgment, does not repeal the 
original agreement to the extent of relieving the land of its home- 
stead character. 
As it is reported many sales of land have been made by Choctaw 
and Chickasaw freedmen, this will doubtless result in much complica- 
tion. 
In addition to these general provisions 1 give the following brief 
synopsis of the provisions of the agreements with the different 
nations with respect to alienation, which provisions were modified by 
the acts of March 3, 1903, and April 21, 1904, above referred to, but 
axe still in effect so far as citizens of Indian blood are concerned. 
CREEK NATION. 
Section 16 of the supplemental agreement with this nation, ratified 
by the act of June 30, 1902 (32 Stat. L., 500), provides as follows: 
Lands allotted to citizens shall not in any manner whatever or at any time
be encumbered or sold to secure or satisfy any debt or obligation, nor be
alienated by the allottee or his heirs before the expiration of five years
from 
the date of the approval of this supplemental agreement, except with the
approval of the Secretary of the Interior. Each citizen shall select from
his 
allotment forty acres of land, or a quarter of a quarter section, as a homestead,
which shall be and remain nontaxable, inalienable, and free from any incum-
brance whatever for twenty-one years from the date of the deed therefor,
and a 
separate deed shall be issued to each allottee for his homestead in which
this 
condition shall appear. 
Citizens of this nation who desire to sell their land may, under 
regulations of the Secretary of the Interior, list it with the United 
States Indian agent, who advertises the same for sixty days and 
receives sealed bids therefor as provided by the regulations govern- 
ing the leasing and sale of land in the Creek Nation. These bids 
are opened in the presence of all interested parties, and the highest 
bid accepted when not less than the appraised value of said land, 
such value being determined by personal inspection by an employee 
of the agent's office and not made public. The allottee, however, is 
entitled to reject the highest bid, even though above the appraise- 
ment, if he so desires. Each bid must be accompanied by a certified 
check for 20 per cent of the amount thereof, and where the highest 
bid is accepted the successful bidder is notified and requested to 
deposit certified check for the remainder of the purchase price, upon 
receipt of which warranty deed, when executed by the allottee, 
together with all bids and records, is forwarded by the agent through 
this office to the Department for approval. The inspector is required 
by the regulations of the Department to make recommendation as to 
the approval or disapproval of each deed. 


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