IX

RESTRICTIONS ON ALLOTMENTS

TO THE FIVE CIVILIZED TRIBES

FROM THE ACT OF 1955 TO THE PRESENT


      Now to move to the chart on page 225. This chart is the result of the Act of 1955. The Act of 1955 was passed just shortly before Congress adjourned in that year.
      Shortly after adjournment, I was told by an Oklahoma U.S. Representative that the Act was to be a stop-gap so that the restrictions would not run out and that a better act would be produced shortly after Congress reconvened. My only comment is that from the Fall of 1955 to the present time is an awfully long "shortly after". The stop gap has become the most enduring act of all.


By Allottees

      Except for the note numbers and one other difference, the section on allottees of this chart is like the same section on the previous chart. The Act of 1955 extended the restrictions on allottees, which would have expired in 1956, for the lives of the allottees. The other difference is that, prior to 1955, removal of restrictions was delegated completely to the Secretary.
      As indicated in lines 3 and 4, the Act of 1955, gave the state courts a role in that process. Under the Act of 1955, S 2 which is summarized and discussed in note 34, pages 252-253, the Secretary is the threshold to removal of restrictions but as to any Indian of the Five Civilized Tribes, allottee, heir or devisee, the Secretary may remove either on the application of the Indian or on his own motion. Appeals may be taken from the action or lack of action of ~the Secretary by the Indian or by the county commissioners from the county in which the Indian resides if the Secretary removes restrictions on his own motion. The appropriate court, as long as we had them, was the county court in the county in which the Indian resided. It is being assumed that the appropriate court today would be the district court for the county in which the Indian resides, see discussion beginning in first new paragraph on page 253.


By Heirs and Devisees

      If restrictions on heirs and devisees would have run out in 1956, the Act of 1955 extended them until Congress otherwise provides, see note 37 on page 254. The only significant change in the "Heirs and Devisees" section of the 1955 chart is the addition of line 3 in that section. As indicated in my discussion of the first section of the chart, the new procedure of the Act of 1955 for removal of restrictions applied to any Indian of the Five Civilized Tribes, allottees or heirs and devisees. But as indicated in line 2, the route of approval in open court for a proposed inter vivos alienation remained available to heirs or devisees. As is indicated in note 37 cited in line 2, the Act of 1955, S 4, extended the Act of 1947 providing for approval of conveyances including oil and gas leases by the county court of the county in which the land is located for restricted heirs and devisees.


By Will

      As to restrictions on devising land, the Act of 1955 § 3, continued the Act of 1906 as amended by the Act of 1908. Therefore there is no change in the section on wills from the 1947 chart to the 1955 chart, except, of course, the reference to the note relied on. The new note is note 38 in which it is pointed out that the Act of 1955 extended provisions relating to wills in the Act of 1906 as amended in 1908. This remains the controlling law as to wills for heirs and devisees as well as allottees.


By Carney-Lacher Grantees

      The last section of the last chart is the section on grantees in Carney-Lacher deeds. There is no change.

      This concludes the discussion of titles among the Five Civilized Tribes.