PRELIMINARIES


      The purpose of this book is to help the readers thereof learn to use the tables or charts of alienability which are contained in the other book, the book to which this is a guide. To use those charts expertly it is necessary to have in mind two largely unspoken assumptions. The first of these is perhaps the hardest for one not native to Oklahoma to accept.

      The assumption is that any title transaction involving land allotted to an Indian is invalid unless its validity can be established by reliance on congressional enactment. To state this in terms of chart use, the assumption is that if the charts do not show that the transaction was valid, it is to be assumed that the transaction is void. The statements on the charts are exceptions to the general rule of inalienability.

      The second assumption is that, except for the results of curative acts, the validity of a transaction is to be measured by the law in effect at the date of the transaction.

      These assumptions are equally applicable to the Five Civilized Tribes, the General Allotment Indians and the Osage. Until one has developed a mindset incorporating these assumptions, the results of the use of the charts are apt to be erratic.

      In this book, there are many references to page numbers. Unless it is indicated to the contrary, these references are to pages in the other book.

      Perhaps it is being over cautious to suggest, that on pages 117-126 there is a lot of general background material which answers several questions which are raised but not answered by the charts. One question frequently asked by neophytes is this: The charts say that minor heirs may convey under certain circumstances. Can a minor do so without the aid of a guardian? The details are set out at page 123-124.

      I strongly urge you to become familiar with this material. The knowledge of the sort of material set out in the section of the notes entitled General Principles can help to prevent frustration in the use of the charts.