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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])

Reports concerning Indians in Indian territory,   pp. 202-221 PDF (9.1 MB)


Page 216

216     REPORTS OF THE DEPARTMENT OF THE INTERIOR. 
In connection with this matter, attention is invited to the fact that the
regu- 
lations were recently amended requiring individual Indian moneys belonging
to minors or incompetents to be placed in designated depositories-national
banks-in convenient places in the Creek and Cherokee nations, and to be there
held and interest paid thereon until drawn out by the proper guardian under
orders of the court. While these depositories had been designated, they had
not at the close of the fiscal year furnished the required bonds, and therefore,
except in special cases where the court had ordered the Indian agent to pay
the money to the guardian, moneys belonging to these minors had accumulated
in the hands of the agent, which accounts for the difference between the
amounts collected and disbursed. 
MANNER OF ALIENATION OF ALLOTTED LAND. 
Each of the various agreements with the Five Civilized Tribes makes different
provisions with reference to the right of the Indian to alienate his allotment
after the same has been made and his title perfected. 
The Indian appropriation act approved April 21, 1904 (33 Stat. L., 189),
removed all restrictions upon the alienation of lands of allottees who are
not 
of Indian blood, except minors, and except as to their homesteads. Therefore,
this class of citizens, which includes freedmen and intermarried whites,
may 
alienate their allotments, save the homesteads, without departmental super-
vision. 
The restrictions applying to citizens by blood in the various nations are,
briefly, as follows: 
Creek Nation.-Citizens by blood can only alienate their surplus allotments
before the expiration of five years from the date of approval of the supplemental
agreement, or until July 1, 1907, with the approval of the Secretary of the
Inte- 
rior. The homestead of 40 acres is inalienable for twenty-one years from
the date 
of the deed. Citizens by blood of the Creek Nation may secure the approval
of 
the Secretary of the Interior to the alienation of their land, homesteads
ex- 
cepted, in three ways: 
1. By petitioning the Indian agent to have the land posted, advertised, and
sold under sealed bids, as provided by the regulations as amended July 10,
1903. 
2. Upon the recommendation of the Commission (now Commissioner) to the 
Five Civilized Tribes, under the act of March 3, 1903, .where the land is
at a 
station along the lines of railroad and is shown to be necessary for town-site
purposes. 
3. By application to the United States Indian agent for removal of all re-
strictions and by furnishing satisfactory evidence to the agent and the Depart-
ment that such removal will be to the best interest of the allottee. 
Cherokee Nation.-Surplus land allotted to citizens by blood is inalienable
for five years from the date of patent; homesteads, for twenty-one years.
Therefore, this class of Cherokee citizens can only dispose of their surplus
allotments by securing the approval of the Secretary of the Interior in two
ways: 
1. By removal of restrictions upon the recommendation of the Commission 
(now Commissioner) to the Five Civilized Tribes where the land is at a station
along the lines of railroad and necessary for town-site purposes. 
2. Where the restrictions are removed by the Secretary of the Interior after
application to the United States Indian agent at Union Agency. 
Choctaw and Chickasaw nations.-Citizens by blood in these nations are au-
thorized to alienate their surplus allotments, one-fourth of the acreage
in one 
year, one-fourth in three years, and the balance in five years, in each case
from 
the date of patent. Their homesteads are inalienable for twenty-one years.
Prior to the expiration of these periods Choctaw and Chickasaw citizens by
blood may apply for removal of restrictions in two ways: 
1. For town-site purposes at stations along the lines of railroad, to the
Com- 
mission (now Commissioner) to the Five Civilized Tribes. 
2. For general removal of restrictions, where it is considered for the best
interest of the allottee, to the United States Indian agent at Union Agency.
Seminole Nation.-No deeds to allotted lands in this nation will be issued
until the extinguishment of the tribal government on March 4, 1906, after
which there are no restrictions upon alienation, except as to the 40-acre
home- 
stead. Citizens by blood of this nation may apply for removal of restrictions,
in the same manner as citizens of the other nations, to the United States
Indian 
agent at Union Agency, and for town-site purposes to the Commission to the
Five Civilized Tribes. 


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