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Show OOMMlSSfONER OF INDIAN AFFAIRS. 137 was taken as to placing adult allotteas in possession of the lands allotted to them. The Office expressed the opinion as to the second and third ques-tions that the agreements conferred no judicial powers whatever upon the agent. From the fourth question the Office understood that the agent had only been requiring allottees to produce their allotment certificates and satisfy him of their identity, and that on their doing this he put them in possession of their lands and removed alleged intruders tIierefrom, irrespective of whether such allottees had leased their allotments; and the Office was of opinion that the agent should dis-continue such action, and that before removing an alleged intruder, he should ascertain whether the allotment had been legally leased. These questions were referred to the Assistant Attorney-General and in his opinion of May 19, approved the same day, he said: . $ The matter has been sufsciently discussed in former opinions,and I advise that the recommendation of the Commissioner of Indian Mars that he be authorized to answer the questions of the agent as indicated in his report of the 8th Instant, be approved. Removal of restrictim on, alienation of allotted lands.-The act of April 21,1904 (33 Stat. L., 189), contains the following: All the restrictions upon the alienation of lands of all allottees of either of the Five Civilized Tribes of Indians who are not of Indian blood exceut minors. are. I . . except as to homeetendn, hereby removed, and all restrictions upon tile alienatloo of all other allottees of said tribes, except nlinors and except an to homesteads, I may, with the approval of the Secretary of the Interior, be removed, under such rules and regulations aa the Secretary of the Interior may prescribe, upon appli-cation to the United States Indian agent at the Union Agency in charge of the Five Civilized Tribes if said agent is satisfied, upon a full investigation of each individual case, that such removal of restrictions is for the best interest of said allottee. The finding of the United States Indian agent and the approval of the Secretary of the Interior shall be in writing and shall he recorded in the same manner as patents for lands are recorded. These provisions apply to all members of the Five Civilized Tribes, and on May 12,1904, the Department approved regulations to govern applications by adult allottees of Indian blood for the removal of the restrictions upon the alienation of the lands allotted to them except their homesteads. Applicants must apply to the United States In-dian agent for the Union Agency by petition, which shall con-tain statements as to the age, sex, citizenship, and percentage of Indian blood of the applicant; whether he can speak, read, and write the English language; the extent of his schooling; the amount of per-sonal property owned by him; his business experience, especially in the handling of money; a description of his allotment, including the homestead in a separate description; the character of the land and his opinion as to its value; the nature and value of the improvements |
