The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 10
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10 2, flIDERAL REPORTER
ership of their land. The exercise of this latter authority in no way
depends upon the former, but may operate where the land has passed
from all restrictions of the grant. Brader v. James, 246 U. S. 88, 38
Sup. Ct. 285, 62 L. Ed. 591; Tiger v. Western Inv..Co., 221 U. S.
286, 31 Sup. Ct. 578, 55 I,. Ed. 738.
As to.,instances of control through the grant of the lands it is es-
tablished law (as stated in 14 R. C. L. 131) that:
"In making allotmentd of tribal lands the federal government has undoubted
power to attach conditions to the grant, and it has exercised this power for
the purpose of conserving the interests of the Indians by safeguarding the in-
dividual ownership of allottees through suitable restrictions designed to secure
them in their possession and to prevent their exploitation, such, for example,
as a prohibition against alienation for a specified period, or a requirement that
an executive officer of the government shall assent to the execution of a con-
Where the land is allotted in fee with no restrictive reservations, or
where under the terms of the treaty or statute the land after restricted
allotment passes from under the restriction, its ownership becomes un-
trammeled so far as governmental supervision extends, unless the al-
lottee, or subsequent holder, is an Indian whose acts in respect to any
land, or that character of land, are under governmental guardianship
and as such controlled by law.
 The Osage Indians are recognized as maintaining a tribal organ-
ization, and their powers as to alienation of lands held in severalty are
covered by the provisions of the Osage Allotment Act of June 28, 1906
(34 Stat. 539). As presented in this court and as found by the trial
court the subsequent Act of April 18, 1912 (37 Stat. 86) concerned only
two of the tracts of land here involved. In those two instances the act
of 1912 did not affect the result reached by the trial court because one
(the Wah-tsa-moie allotment) was a tenancy in common and the other
(the Jack Wheeler allotment) was land subject to administration, but
as to which there had never been any administration. Therefore the
controversy is controlled by the Allotment Act of 1906 and what is
herein stated refers to that act uninfluenced by later legislation. No
opinion is ventured as to the effect of later legislation. That act pro-
vided (sections 2, 3, and 4) for the allotment of lands to the members
of the tribe, subject to reservation to the tribe of all mineral rights
therein for 25 years; the allotments to be divided into homestead and
surplus lands; the homesteads to be inalienable until further congres-
sional action and the surplus lands inalienable for 25 years, except that
the Secretary of the Interior might grant to adults certificates of com-
petency empowering them to convey their surplus lands and, after 25
years or the.death of such allottees, their homesteads. As it would
be impossible for such competent Indian to convey by deed after death,
that part of the provision must by taken to mean testamentary dispo-
sition., It -further provided (section 5) that at the expiration of 25
years "the lands, * * * shall be the absolute property of the indi-
vidual members of the Osage tribe, * * * or their heirs, as here-
in'provided, and deeds to said lands shall be issued to said members, or
to their heirs, as herein provided, * * * and said members shall
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/24/: accessed June 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.