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

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

Page 734

Prior to October 6, 1904, the entire purchase price was turned over 
to the allottee upon the approval of the deed. Upon such date, how- 
ever, the regulations were amended so as to require that the purchase 
price be deposited in a Government depository subject to the check 
of the Indian, approved by the agent, in amounts of $10 per month, 
except in cases where special authority was obtained from the Com- 
missioner of Indian Affairs to draw larger sums.  Under this amend- 
ment to the regulations very few tracts of land were listed for sale, 
the Indians not caring to sell their land and only receive payment 
therefor at the rate of $10 per month. 
On March 6, 1905, this regulation was changed to allow the 
Indian to draw $50 per month instead of $10, and larger sums where 
specially authorized, and in consequence thereof the sale of land is 
now becoming more active and a larger number of tracts are adver- 
tised with the agent. 
The report of the United States Indian agent shows that 685 tracts 
of land were advertised during the year aggregating 54,462.97 acres. 
Of this number 162 were sold; bids on 101 tracts were rejected, being 
below the appraised value of the land as fixed by a representative of 
the agent; no bids whatever were received on 285 tracts; 8 applica- 
tions were withdrawn, and 129 tracts were being advertised at the end 
of the fiscal year upon which bids had not been opened. 
Section 14 of the agreement with the Cherokee Nation, ratified by 
the act of July 1, 1902 (32 Stat. L., 716), provides: 
Lands allotted to citizens shall not in any manner whatever or at any time
encumbered, taken, or sold to secure or satisfy any debt or obligation, or
alienated by the allottee or his heirs, before the expiration of five years
from the 
date of the ratification of this act. 
Section 15 of said act authorized the alienation of lands allotted to 
members of said tribe in five years after issuance of patent, except the
homestead, which is inalienable for twenty-one years. 
Section 15 of the supplemental agreement with these nations, rati- 
fied by the act of July 1, 1902 (32 Stat. L., 641), provides as follows:
Lands allotted to members and freedmen shall not be affected or encumbered
by any deed, debt, or obligation of any character contracted prior to the
time at 
which said land may be alienated under this contract, nor shall said lands
sold except as herein provided. 
Section 16 of this supplemental agreement provides in part as 
All lands allotted to the members of said tribes, except such land as is
aside to each for a homestead as herein provided, Shall be alienable after
issuance of patent as follows: One-fourth in acreage in one year, ope-fourth
acreage in three years, and the balance in five years; in each case from
date of 
Such agreement provides that the homestead shall be inalienable 
during the lifetime of the allottee, not exceeding twenty-one years 
from the date of certificate of allotment. 

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