| OCR Text |
Show 0 / , (i Com'r Indian Affs. -3- obtained, such cancellation shall be effective if made upon tha records of tha General Land Office; and no proclamation shall be necessary to open to settlement tha lands to whicix such an erroneous allotment patent has been canceled, provided that such lands would otherwise be subject to entry: And provided. That such lands shall not be open to settlement for sixty days after such cancellation: And further provided, That no conditional patent that 3hall have heretofore or that, may hereafter ba executed in favor of any Indian allottee, excepting in cases hereinbefore authorized, and excepting in cases where the conditional patent i3 relinquished by the patentee or his heirs to take another allotment, shall ba subject to cancellation without authority of Congress. (Underscore interpolated.) Further legislation relating to the surrender and cancellation of trust patents i3 found in the act of June 25, 1910 (36 Stat., 855), where, among other things, it i3 provided: Sec. 3. That in any ca38 where an Indian has an allotment of land, or any right, title, or interest in such r_.n allotment, tha Secretary of tha Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, titl&,or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land 3hall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to 3uch child or children 3ubject to all conditions which attached to it before such relinquishment. Provided, That hereafter the Secretary of the Interior ba, and he is hereby, authorized to investigate the allotment in the name of any deceased Indian and if it be shown to his satisfaction that the allottee diad without heirs ha 3hall report the facta to Congress with a recommendation for the cancellation of the patent i33U8d in the name of such Indian. (Proviso to section 12.) Sec. 13. That the Secretary of the Interior be, and ha i3 hereby, authorized, in his discretion, to reserve from location, |
