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Show 42 COMMISSION~R OF INDIAN AFFAIRS. Under the act of June 21, 1906 (34 Stats., 363), removing the mstrictions against alienation and encumbrance above referred to, the movement began and many of the Indians were easily persuaded to give deeds to their Oklahoma lands, in many cases for consid-erably less than they were worth. It appears that the purchasers were not always careful to have the deeds signed by the Indian owners, but deeds good on their face were obtained and recorded for about 75 allotments. The Indian Office and the Interior Department, believing that these Indians had illegally sold their lands and had in many cases been defrauded, immediately called upon the Department of Justice for legal assistance an9 advice. After careful investigation equity suits were brought in the United States Circuit Court for the West-ern District of Oklahoma to set aside these deeds and recover the allotments. The defendants demurred and the court took the cases under advisement. During the interim the Government secured in- I dictments of some of the defendants on the grounds of forgery and other frauds. The criminal proceedings were opposed by the de-fendants with every resource at their command. It took many months, for instance, before extradition proceedings were successful. Finally, after many delays and great expense, the Government has been successful at every point. The court sustained the Govern-ment's contention in the equity suits that, notwithstanding the re-moval of restrictions by the act of 1906, the allotments were still held in trust for the Indians by the United States, and that the Indian grantors had not therefore the capacity to execute the deeds . without the concurrence of the Government acting through the Sec-retary of the Interior. Thereupon the principal defendants capitulated and proposed mttlements in suits involving 69 out of the 75 allotments. The set-tlements, which were accepted, provided for the complete restoration to the Indians of the allotments with the mesne profits and that the Government would use its influence with the Indians to have them give back to the defendants certain lands in Mexico and moneys in Texas secured for the Indians by the defendants or deposited as consideration for the Indian deeds. Similar settlements are ex-pected in the other six cases. CHILDREN PROTECTED. Here I wish to make an exception in mentioning two matters of great importance that have taken place largely since the end of the fiscal year. Great results have been obtained in the Five Civilized Tribes in Oklahoma, looking to the protection of the estates of minor and full-blood Indians. |
