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: 11
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LA MOTTE V. UNITED STATES
have full control of said lands, * * * except as hereinbefore pro-
vided." It then designated (section 6) the law to govern the descent of
such lands. Section 7 provides for the use and control of such lands
during the restriction period above designated as follows:
"That the lands herein provided for are set aside for the sole use and bene-
fit of the individual members of the tribe entitled thereto, or to their heirs, as
herein provided; and said members, or their heirs, shall have the right to use
and to lease said lands for firming, grazing, or any other purpose not other-
wise specifically provided fir herein, a.d said members shall have full con-
trol of the same, including the proceeds thereof: Provided, that parents of
minor members of the tribe shall have the control and use of said minors'
lands, together with the proceeds of the name, until said minors arrive at their
majority: And I rovided further, that all leases given on said lands for the
benefit of the individual members of the tribe entitled thereto, or for their
heirs, shall be subject only to the approval of the Secretary of the Interior."
Section 12 is:
"That all things necessary to carry into effect the provisions of this act not
otherwise herein specifically provided for shall be done unl1r the authority
and direction of the secretary of the Interior."
The purpose and policy of this act regarding these lands is clearly
expressed. Th: m;neral wealth is reserved for 25 years to the tribe
under the strict control and protection of the Secretary, the proceeds
there, f to be hcld in trust by him and distributed to the tribal members
or their heirs. The surface is "set aside for the sole use and benefit
of the individual members of the tribe, entitled thereto, or to their
heirs" for 25 years from January 1, 1907. They are not to be diverted
from this "use" by incumbrance or alienation except as to surplus lands
of adults whom the Secretary has investigated and certified as com-
cetent to protect themselves in that regard, and except as to home-
steads of such competent Indians which may be devised by them. To
secure the full "benefit" to such Indians and their heirs they are per-
mitted to fully control such lands for "farming, grazing or any other
purpose not otherwise specifically provided for" in the act and to con-
trol the proceeds from such usage. They Inay accomplish this through
leases, but, to prevent overreaching by lessees and the consequent par-
tial or total destruction of the beneficial use designed by the act, the
approval of such leases by the Secretary is required. The only ex-
ception to this last statement is in the case of those holding certificates
of competency from the Secretary where it is provided that such per-
sons "shall have the right to manage, control, and dispose of his or
her lands the same as any citizen of the United States."
Applying this definition of the statute to the various sets of facts
determined in the decree of the trial court there results the following:
The approval of the Secretary is required to leases of lands held by
minors or other noncompetents whether the land covered thereby came
to such through allotment, descent, or devise, provided the land was al-
lotted under the above statute. The circumstance that such lease was
arranged by a parent, guardian, or administrator who might or might
not be a nonmember of the tribe or a member competent to manage
his own affairs or that the lease may have been approved by the state
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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/m1/25/: accessed July 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.