OCR Text |
Show to tralismit them, while an extensive investigation is made concerning those applications recommended for approval not coming under pule 3. It is believed that the percentage of approved applications will greatly increase during the current fiscal year. Date of aZZotment certificate.-On Jnly 21,1903, William Johnstone, father and natural guardian for Nellie V. and Leo H. Johnstone, ap-peared at the land office for the Cherokee Nation and attempted to select allotments for them. The land office for the Cherokee Nation was closed shortly after that date, and the certificate for allotment was not issued by the Commission to the Five Civilized Tribes until July 2,1904. A question arose as to whether the kertificate should be dated July 21, 1903, or July 2, 1904. The date of the certificate vas an important matter, as the land is in sec 12, T. 26 N., R. 12, and is covered by an oil lease entered into by the Secretary of the Interior with the Cudahy Oil Company in accordance with the provisions of. section 13 of the act of .June 28, 1898, and about $9,000 in royalty accrued between Jnly 21, 1903, and July 2, 1904. An appeal was taken by Mr. Johnstone from the Commission's decision. With reference to a purchase of a lot in the town of Bartlesville, which lot was covered by lease in favor of the Cudahy Oil Company, in an opinion of January 26, 1904, the Assistant Attorney-General for the Interior Department, said: I am of opinion that the date when a claimant becomes a purchaser, and when the sale of the town lot is made, is when the claimant evidences his intention to acquire the title to the lot claimed by making the initial payment thereon. He further held that purchasers of town lots in Bartlesville become subrogated to the rights of the nation under the Cudahy oil lease. In transmitting the Johnstone case the Office referred to this opin-ion and took the position that the certificate should be dated July 21, 1903, and that the minor applicants had, through their father and natural guardian, done all that was required of them, and that their rights vested on that date. The subject was submitted to the Assist-ant Attorney-General for an opinion, and on December 28, 1904, he said : It is no doubt true that an allotment can not be regarded as eomplete and that no eertilicate should he issued until the enrollment of the claimant as a dt-tren has been approved But, on the other hand, the law guarmtees to each citizen the right to so select his allotment as to Include his improvements, and where the citizen has no improved lands the practice has been to allow the citi- Zen to exercise his own choice in selectidn of land, so far as compatible with public interests in not leaving small isolated tracts. This right of selection Is implied by the statute to be that of the Individual by the provision in section 20, that upon failure of selection by the Individual, or some one for him, the Com-mission may In such case designate the land. Rights to make selection must have relation to September 1, 1902, with reference to which the enrollment is |