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Show BEPOET OF THE COMMISSIONER OF INDIAN AEFAIRS. 39 right of way across allotments of Sisseton and Wahpeton Sioux In-dians, in Roberts and Marshall counties, S. Dak. The superintend-ent of the Sisseton Indian School has been designated to assess the damage. Western Dakota Ra&oad.-The board of referees appointed to assess damages to the allotments of three Standing Rock Indians for right of way was submitted and approved by the department on April 27, 1910. The allottees assented to the appraisement made by the referees. On August 27,1909, a map showing location of 13.77 acres of sta-tion grounds on the Standing Rock Reservation was approved. The schedule of damages has not yet been submitted. Western Pacific Railway.-On December 1, 1909, a map showing amended location of 14.711'miles across the Pyramid Lake Indian Reservation was approved. On March 31 a map of station grounds of 4.59 acres was approved. On the same day the department approved a schedule showing addi-tional tribal damages of $87.52 by reason of the amended location of right of way and station grounds. ALIENATION OF ALLOTTED LAND. Any Indian of 21 years or over who holds an allotment of land under a trust patent can- 1. Procure a patent in fee under the a d of May 8, 1906 (34 Stat., 182), provided it is shown that he is competent to care for his own affairs. 2. Devise his land by will under the act of June 25, 1910 (36 Stat., 555-856), provided the land is not located in Oklahoma. 3. Sell hi land under the act of March 1, 1907 (34 Stat., 1015- 1018). In the issuance of patents in fee the only question involved is the competency of the allottee, and even then the issuance of the fee patent is discretionary with the Secretary of the Interior. It must be clearly shown that the applicant for a fee patent is competent and that the issuance of the patent wiU be for his best interests. Wills made by Indians under the act of June 25, 1910, must be approved by the Secretary of the Interior and the Commissioner of Indian Affairs. The will should conform to the laws of the State wherein the land devised is situated. The department will not con-sider a will after the issuance of a fee-simple patent to the devisor. The will must be drawn by or in the presence of the superintendent having jurisdiction over the land davised. When not so drawn, the circumstances must be satisfactorily explained. The section of the act of Congress approved June 25, 1910, which refers to wills does not apply to lands located in Oklahoma. |