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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 735

REPORT OF INDIAN INSPECTOR FOR INDIAN TERRITORY.       735 
The above provisions, of course, do not now apply to adult citizens 
not of Indian blood, but provide the only way by which citizens of 
Indian blood can dispose of their allotments. 
SEMINOLE NATION. 
Under existing law allotment deeds in this nation will not be 
issued until after the extinguishment of the tribal government on 
March 4, 1906, after which time the lands can be alienated, with the 
exception of the 40-acre homestead. 
The provision of law as to the removal of restrictions from citi- 
zens who are not of Indian blood, and from those by blood with 
the approval of the Secretary of the Interior, apply also to the Semi- 
nole Nation at this time. 
LEASING BY INDIAN ALLOTTEES. 
Indian citizens in the Creek, Cherokee, Choctaw, and Chickasaw 
nations can lease their allotments for a term not exceeding five years 
for agricultural purposes without the approval of the Department. 
In the case of minors the United States courts have held that leases 
to be valid must be entered into with legally appointed guardians,. 
properly authorized to so act by the court, the parents or natural 
guardians not being authorized to lease the allotments or handle the 
moneys of their minor children unless they are appointed legal guar- 
dian. The laws applicable to each nation vary, however, somewhat, 
and are in substance as follows: 
CREEK AND CHEROKEE NATIONS. 
The agreements with the Creek and Cherokee nations authorize 
allottees to lease their lands for a term not to exceed one year for 
grazing and five years for agricultural purposes, but that longer term 
leases and leases for mineral purposes are not valid until approved 
by the Secretary of the Interior. 
CHOCTAW AND CHICKASAW NATIONS. 
The original agreement with these nations, contained in the act of 
June 28, 1898 (30 Stat. L., 495), authorizes Indian citizens to lease 
their allotments for a term not longer than five years, without renewal 
privilege, and it is not required that such leases be approved by the 
Department. 
No restrictions being placed upon the character of leaseS that can 
be made, the Department has held that allottees in these nations are 
authorized to lease their land for any purposes, including mineral, 
for a period not exceeding five years. 
Many complaints have been made that full-blood Indians, and 
especially those unable to read and write English, were being taken 
advantage of and leases secured for an inadequate compensation, and 
there being no way by which the Indian can get relief except through 
the United States courts, and as the Indians in most cases were unable 
to bear the expense of bringing suit, this matter was taken up with 
the Department with the result that the Indian appropriation act 
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