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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 47 According to the circular above referred to, the fourth section of the general allotment act was construed by the Department so as to allow allotments to children of Indian women married to white men. But after the passage of the law of 1888 allotments were allowed only to children born of a marriage wntracted prior to August 9,1888, between a white man and an Indianwomau. When an application was made by a married Indian woman for an allotment to herself or her chil-dren, if the proof showed that she was married to a white man subse-quent to that date, her application was rejected. Sueb was the practice of this office until the assistant attorney- \ general for the Department rendered an opinion, concurred in by the Secretary of the Interior August 3,1896, to the effect that no Indian women married to white men, citizens of the United States, and no children of such marriages, are entitled to allotments under said section 4. This decision of the Secretary was reiterated in another rendered March,30,1897, to the effect t,hat children born of a white man, citi-zen of the United States, and an Indian woman, follow the status of the father in the matter of citizenship, and are therefore not entitled to allotments under section 4. Since August 3,1896, no allotments have been made to Indian women married to white men, nor to their children. But from the date of the general allotment act, February 8, 1887, to the date of the act relating to marriages between Indian women and white men, August 9,1888, allotments were allowed to all Indian women married to white men, and to their children, who applied for the same under section 4; and from August 9, 1888, to August 3, 1896, allotments were allowed to Indian women who were married to white men prior to the former date and to the children born of such a marriage. In some cases Indian women and mixed-bloods of this class bave / gone upon their allotments in good faith and improved and cnltivated the sanie, and it would seem that their applications or allotments should not now be canceled or disturbed in any manner under the snb-sequent decision of the Secretary. Attention is invited to a case of this kind. Stephen Gheeu on Octo-ber 2,1888, made application (No. 28, Duluth, Minnesota series) under said section 4 for certain lands. It was allowed by the Qeneral Land Office Jannarg. 17,1889, and was approved by the Department May 8, 1890. His case was investigated by a special allotting agent of this office, who found the applicant to be a half-blood Indian whose father was rt white man and a citizen of the United States. The lands applied for were valuable for farming purposes and applicant had made settle-ment and improvements thereon. This application was made more than ten years ago. The applicant had every reason to believe that he was complying with the law ant1 that he was entitled to this land under the fourth section of the general allotment act. He therefore proceeded to clear and cultivate it. The allowance of his application |
