128. Lacey Act, March 2, 1907
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208 are to post a notice of it as conspicuously as possible, giving the allottee’s name and the description of the land, announcing that at the expiration of thirty days the Indian Office will consider the application with a view of recommending to the Secretary of the Interior the issue of the patent desired, and urging that any person acquainted with the applicant and aware of any fact which would tend to show that the patent ought not to issue will make it known forthwith. Experience may show that other safeguards are necessary. Many applications have already been received, and doubtless a large number of patents will be distributed during the coming year. . . . [House Document no. 5, 59th Cong., 2d sess., serial 5118, pp. 27–31.] 128. Lacey Act March 2, 1907 The Dawes Act and the Burke Act provided for the allotment of reservation lands to individual Indians, but they did not affect communally owned trust funds. In 1907, in a bill introduced to Congressman John F. Lacey of Iowa, Congress made provision for the allotment of tribal funds to certain classes of Indians. An Act Providing for the allotment and distribution of Indian tribal funds. Be it enacted . . . , That the Secretary of the Interior is hereby authorized, in his discretion , from time to time, to designate any individual Indian belonging to any tribe or tribes whom he may deem to be capable of managing his or her affairs, and he may cause to be apportioned and allotted to any such Indian his or her pro rata share of any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, and the same shall thereupon be subject to the order of such Indian: Provided, That no apportionment or allotment shall be made to any Indian until such Indian has first made an application therefor: Provided further, That the Secretaries of the Interior and of the Treasury are hereby directed to withhold from such apportionment and allotment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial determination in the Court of Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. Sec. 2. That the Secretary of the Interior is hereby authorized to pay an Indian who is blind, crippled, decrepit, or helpless from old age, disease, or accident, his or her share, or any portion thereof, of the tribal trust funds in the United States Treasury belonging to the tribe of which such Indian is a member, and of any other money which may hereafter be placed in the Treasury for the credit of such tribe and susceptible of division among its members, under such rules, regulations, and conditions as he may prescribe. [U.S. Statutes at Large, 34:1221–22.] 129. Indian Commissioner Leupp on Reservation Schools Extract from the Annual Report of the Commissioner of Indian Affairs September 30, 1907 Nonreservation Indian schools like that at Carlisle, Pennsylvania, operated on the principle of taking the Indian child out of his reservation environment and training him for the white man’s world. The principle won the support of many reformers, but it was directly challenged by Commissioner Francis E. Leupp, who urged instead the enlarging of the system of day schools on the reservations. ...


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