OCR Text |
Show REPORT OF THE OOMMISSIONER OF INDIAN AFFAIRS. 167 on 'the books of the T;.eawry Department, after deducting the expenses incurred in carrying out the provihionu of section 9 above referred to. On the 9th of December, 1899, C. A. Smart, of Ottawa; Kans., appointed as such commissioner, submitted his first report giving the status of. each of the 104allotments and selections that had been made, in 1860 and subsequently, under the provisions of the treaty of July 16,1859, with the Swan Creek and Black River bands of Chippewa Indians and the Nunsee or Christian Indians (I2 Stat., p. 1105), also of the tract of land held for missionary purposes and authorized to be patented to the Moravian Church or its constituted anthorities. This was found to he a laborious work. Owing to the loose customs of Indians in regard to marriage relations it was found very difficult to apply to the questions of heirship the law of descent in force in Kan-sas. After a critical administrative examination by this office, with the personal assistance of Commissioner Smart, into each question of inheritance and into tho proportionate share of each claimant to inher-ited lands, his report was favorably submitted to the Department and was approved January 8,1900. On the 9th of May last, an appeal was made by one of the menlhers of the tribe, from the findings of Commis-sioner Snlart on allotment3 Nos. 69 and 70 in favor of Christian Kerl and Lydia Kerl respectively. The matter having been referred to Com-missioner Smart for his review, he reported July 9 last that the appeal was well taken, for he had overlooked the fact that a deceased child, under the law of descent of Kansas, inherited from his parents as thongh alive. He therefore subnlitted an amendatory report on allot-ments 69 and 79, which was submitted to the Department July 17, and approved August 17, 1900. The schednlo of lands to be patented, with the names of the respec-tive patentees, was approved by the Department and forwarded to the Commissioner of the General Land Office with instructions to issue patents in fee as reported on said schedule. Thesc patenta have been prepared, and when signed, recorded, and forwarded to this office will be transmitted to the United States Indian agent for delivery. The lands scheduled to be sold have been appraised, the appwisen~ent approved, and the Com~nissionero f the General Land Office instructed to offer the samc for sale as provided in the law above referred to. The schedule of those who were entitled to but failed to receivean allot,ment was approved by the Department August i6, 1900. The schedule of the whole tribe has been approved, and the funds of these Indians will be dishorsed per capita unde,r the law as soon as the net amount to be disbursed shall be known. The fund arising from the lands held in common that are to be sold is to he placed in the Treasury for the benefit of those members who have never received an allotment of land. |