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Show 116 COIU&ISSIONEB OF INDIAN AFFALB~. formal resolution or rule is necessary to confer such authority. It is in the nature of t h i i inherent in all courts, quasi-judicial hodies, or executive officers when called upon to itct in respect to the rights of persons of weak intelligence or will, or where such conditions are merely suspected to exist. The objections to the second of these proposed resolutions, or rules for procedure necessarily involves the rejection of the third. It is objectionable for other reaaons. When a selection has been made rights presumably vest. When such selection is approved and the allotment is made the equitable right becomes apparently com-nlete. No vower is exv.r essl.v vested in the Commission or in the Indian Office of its own lnution to ~ c \ ' ~ Qswur h action. N'hcther it may do no at the instanw of the allottee and after notire to all others claimin(r to hare arquired rielits under him is not presented by the papers before me and no opinion A d be expressed. But it would seem that prior to vestinx of lexal title in the allottee by delivery of the allotloent deed the powem of the Indian Office aurl Corranairsion arc nnillogou~ md similar to tl~ueeuf the land departnient prior to iawr oi ptcut ln lrlhlic lands. DISPOSITION OF SURPLUS LANDS. Section 14 of the Choctaw-Chickasaw supplemental agreement pro-vides that- When allotments as herein provided have been made toall citizens and freedmen, the residue of lands not herein reserved or otherwise disposed of, if any there be, shall be sold at public auction under rules and regulations and on terms to be pre-scribed by the Secretary of the Interior, and so much of the proceeds as may be nec- -try for equalizing allotments shall he used for that purpose, and the balance shall be paid into the Treasury of the United States to the credit of the Choctaws and Chickasaws and distributed per capita as other funds of the tribes. The act of April 21, 1904, authorizes the Department-to sell at public sale in tracts not exceeding one hundred and sixty acrea to any one purchaser, under rulea and regulations to be made by the Secretary of the Interior, the residue of land in the Creek Nation belonging to the Creek tribe of Indiana, con-sisting of about five hundred thousand acres and being the residue of lands left over after allotments of one hundred and sixty acres to each of said tribe. No steps'looking to the sale of these lands have been taken, nor can any such action be taken until all of the citizens of the Choctaw and Chickww and Creek nations entitled to allotments have been allotted their proportionate shares. CITIZENSHIP. Enrollment of citizens of the different nations, as follows, have been approved by the Department: Choctaw by blood. .......................................... 15,650 Choctaw by intermarriage.. .................................. 954 Choctawfreedmen ........................................... 4,722 Chickasaw by blood ......................................... 4,826 Chickasaw by intermarriage.. ................................ 348 Chickasaw freedmen ......................................... 4,471 Cherokee by blood. ........................................3.1 ,982 Cherokee freedmen.. ........................................ 3,273 Creek by blood ............................................... 9,905 Creek freedmen.. ........................................... 5,473 |
