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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the years 1921-1932
([1921-1932])

Report of the Commissioner of Indian Affairs to the Secretary of the Interior for the fiscal year ended June 2, 1921,   pp. [1]-69 ff. PDF (26.8 MB)


Page 39

COMMISSIONER OF INDIAN AFFAIRS.3 
under them with notice were concerned. The approval when given 
related back and took effect as of the execution of the lease. Held 
further that the filing of a lease given by an allottee in the office 
of the superintendent for the Five Civilized Tribes for transmission 
to the Secretary of the Interior constituted notice. to all parties there-
after claiming under said allottee or his heirs. 
The United States v. Geo. E. Bowling et al. (decided by the Su- 
preme Court of the United States June 1, 1921).-This was an action 
by the United States to recover the possession of a tract of land in 
Oklahoma with damages for its detention and use for several years. 
The point involved was whether the court below erred in excluding 
as evidence an exemplified copy of a decision by the Secretary of the 
Interior determining the heirship of those in whose interest the suit 
was brought. Held that the lower court erred in sustaining the ob- 
jection of the introduction in evidence of the Secretary's determina- 
tion of heirship, and that by reason of supplemental acts of Congress 
contained in the Indian appropriation bills the right of the Secretary 
of the Interior to determine Indian heirs extended to restricted as 
well as trust allotments although the former was not specifically 
mentioned in the act ofr une 25, 1910. (36 Stats., 855.) Judgment 
reversed and case remanded for a new trial. 
LEGISLATION. 
On February 6, 1921, an act conferring jurisdiction on the Court 
of Claims to hear, determine, and render judgment in the Osage 
civilization-fund claim of the Osage Indians against the United 
States was approved. 
Congress also passed an act amending the act of Congress of 
June 28, 1906, entitled "An act for the division of the lands and 
funds of the Osage Indians in Oklahoma." This act extends the 
mineral trust, period on Osage lands for a period of 15 years from 
April 7, 1931, or until April 8, 1946, and provides that the unleased 
portion of the Osage Reservation shall be leased prior to April 8, 
1931, offering the same annually at the rate of not less than one- 
tenth of the unleased area. By this act all members of the Osage 
Tribe are declared to be citizens of the United States. Homestead 
allotments shall not be subject to taxation prior to April 8, 1931, if 
held by the original allottee. The act also provides for quarterly 
payments to competent Osage Indians. A portion of the funds of 
minors shall be deposited in bank or invested in Government or 
State bonds. The State of Oklahoma is authorized to levy and 
collect a gross production tax on oil and gas produced within the 
Osage Nation, and a further tax of 1 per cent of the amount re- 
ceived by the tribe as royalties from  production of oil and gas 
is to be used for the construction and maintenance of roads in 
Osage County only. 
An act providing for the allotment of lands within the Fort 
Belknap Reservation, Mont., was approved March 3, 1921. This 
act confers citizenship upon all Indians receiving trust patents under 
the provisions of the act, and the allottees shall have the benefit of 
and be subject to the laws, both civil and criminal, of the State in 
which they reside. Mineral lands may be allotted, but the minerals 
remain tribal property. Lands are set aside for school, agency, 
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