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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.
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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, 39
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