this organization out of politics, and yet, recognizing certain existing conditions, he has corresponded with more distinguished democratic lawyers than republican for the annual address: such men as governor Harmon, Woodrow Wilson, and others. The only distinguished republican he sought to interest for the occasion was ex-governor Hughes, now one of the justices of the United States Supreme Court. He, however, by reason of engagements to take place about the time indicated could not accept. In co-operation and return for Judge Burford's impartial efforts, we trust that the Bar of the State, almost to a man, will turn out and help make the next State Bar Association gathering one of the grandest ever held in Oklahoma.

As soon as the annual address speaker is certainly settled upon the whole program, and the exact date for the meeting will appear in this Journal.

The Senate committee began the investigation of the charges of corruption against senator Stephenson of Wisconsin on Oct. 2, instant. The senator being now 83 years old it would be well for him to devote some time to the study of dilatory pleas, secure a writ of prohibition while he obtains newly discovered evidence, etc.

The AMERICAN and ENGLISH ANNOTATED CASES are becoming the greatest weapon in the hands of suc.cessful lawyers. It it is now the cause of better briefs appearing in our courts.

On a recall election held on September 25th, the city of Wichita, Kansas, recalled its mayor to private life. The main reason for putting the 'recall' in operation in case against the mayor, it is claimed, was his failure to enforce the prohibitory liquor laws of the State.

Hon. Cicero C. Christison, one of the leading lawyers of Oklahoma City, who by mistake was reported as having moved out of the State, is located in the Security building in that city, and doing a good law practice. Mr Christison is not only an accomplished lawyer but a thorough gentleman, and we wish him a brilliant career here in his adopted State.

HUMOR.

Resourceful Witness.-On cross-examination, counsel in a will case, asked a supposed false witness: "Was the man alive when the will was signed?”

"There was life in him," stammered the witness.

"Now on your oath-and remember what I will do if it is perjury; was the man alive when the will was signed?" Repeated the cross-examiner.

"No, no, sir."

"Then explain to the jury," exclaimed the lawyer, 'why did you say 'there was life in him?"

"Why, why," again stammered the confused witness, he had a, a, a live fly in his mouth."

A witness for the prosecution in a murder case was interrogated by the judge:

"You say you saw the man shot and killed?"

"Yes, sir."

"You said, I think, that he was shot between the diaphram and the duodenum?"

"No, sir, I never said sich a thing-he had no sich places. I said he was shot between his hog-pen and wood house.

How to Find the Hog.-A butcher bought a hog of an appearing trustworthy, dutch farmer, from the farmer's mere description of the size and condition of the hog. After paying for the hog, the butcher said: But now Hans, how will I find that hog, or even your place?"

"I tells you," said the honest dutchman. "You goes that Clark shtreet und turns to de right till you cums to a fence mit a hole in it, den you turns up to the right for a while till you sees a house und a big hog in the yard. Dots me."

THE

OKLAHOMA

LAW JOURNAL

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, OKLAHOMA.

VOL. 10.

November, 1911.

No. 5.

AN ACT for the Removal of Restrictions from part of the Lands of Allottees of the Five Civilized Tribes, and for other purposes. (H. R. 15641.)*

Be it Enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That from and after sixty days from the date of this Act the status of the lands allotted heretofore or hereafter to allottees of the Five Civilized Tribes shall, as regards restrictions on alienation or incumbrance, be as follows: All lands, including homesteads, of said enrolled as intermarried whites, as freedmen, and as mixed blood Indians having less than half Indian blood, including minors shall be free from all restrictions. All lands, except homesteads. of said allottees enrolled as mixed-blood Indians having half or more than half and less than three-quarters Indian blood shall be free from all restrictions. All homesteads of said allottees enroll

*

About two years ago we published extracts from this Act of Congress relative to the restrictions upon Indian lands; but the fact that so many new lawyers have since come into the State, and that Indian land title questions are not too well understood, we have deemed it desirable to print the whole Act in full at this time.

ed as mixed-blood Indians having half or more than half Indian blood, including minors of such degrees of blood, and all allotted lands of enrolled full-bloods, and enrolled mixed-bloods of three-quarters or more Indian blood, including minors of such degrees of blood, shall not be subject to alienation, contract to sell, power of attorney, or anyother incumbrance prior to April 26th, 1931, except that the Secretary of the Interior may remove such restrictions, wholly or in part, under such rules and regulations concerning terms of sale and disposal of the proceeds for the benefit of the respective Indians as he may prescribe. The Secretary of the Interior shall not be prohibited by this Act from continuing to remove restrictions as heretofore, and nothing herein shall be construed to impose restrictions removed from land by or under any law prior to the passage of this Act. No restriction of alienation shall be construed to prevent the exercise of the right of eminent domain in condemning rights of way for public purposes over allotted lands, and for such purposes sections 13 to 23 inclusive of an act entitled "An act to grant the right of way through Oklahoma Territory and Indian Territory to the Enid and Anadarko Railway Company, and for other purposes," approved February 28, 1902, (32 Statutes at Large, p. 43), are hereby continued in force in the State of Oklahoma.

Sec. 2. That all lands other than homesteads allotted. to members of the five civilized tribes from which restrictions have not been removed may be leased by the allottee if an adult, or by guardian or curator under order of the proper probate court if a minor or incompetent, for a period not to exceed five years, without the privilege of renewal: Provided, That leases of restricted lands for oil, gas or other mining purposes, leases of restricted homesteads for more than one year, and leases of restricted lands for periods of more than five years, may be made, with the approval of the Secretary of the Interior under rules and regulations provided by the Secretary of the Interior, and not otherwise: And provided further, That the jurisdiction of the probate courts of the

State of Oklahoma over lands of minors and incomptents shall be subject to the forgoing provisions, and the term minor or minors, as used in this Act, shall include all males under the age of 21 years and all females under the age 18 years.

Sec. 3. That the rolls of the citizenship and freedmen of the five civilized tribes approved by the Secretary of the Interior shall be conclusive evidence as to the quantum of Indian blood of any enrolled citizen or freedman of said tribes and of no other persons to determine questions arising under this Act and the enrollment records of the Commissioner to the Five Civilized Tribes shall hereafter be conclusive evidence as to the age of said citizen or freedman.

That no oil, gas, or other mineral lease entered into by any of said allottees prior to the removal of the restrictions requiring the approval of the Secretary of the Interior shall be rendered invalid by this Act, but the same shall be subject to the approval of the Secretary of the Interior as if this Act had not been passed: Provided, That the owner or owners of any allotted land from which restrictions are removed by this Act, or have been removed by previous Acts of Congress or by the Secretary of the Interier, or may hereafter be removed under and by authority of any Act of Congress, shall have the power to cancel and annul any oil, gas, or mineral lease on said land whenever the owner or owners of said land and the owner or owners of the lease thereon agree in writing to terminate said lease and file with the Secretary of the Interior, or his designated agent, a true copy of the agreement in writing canceling said lease, which said agreement shall be executed and acknowledged by the parties thereto in the manner required by the laws of Oklahoma for the execution and acknowledgement of deeds, and the same shall be recorded in the county where the land is situated.

Sec. 4. That all land from which restrictions have been or shall be removed shall be subject to taxation and all other civil burdens as though it were the property of other persons than allottees of the five civilized