lyAND TENURE AND THE ORGANIZATION OF AGRICUIvTQRE 67 



as evidence of his right thereto. This policy was continued until the pas- 

 sage by Congress of the General Allotment Act on February 8, 1887, sev- 

 eral sections of which are quoted below : 



(i) (As amended by the Acts of February 28, 1891 and June 25, 

 1910). " That in all cases where any tribe or band of Indians has been or 

 shall hereafter be located upon any reservation created for their use by 

 treaty stipulation, Act of Congress, or executive order, the President 

 shall be authorized to cause the same or any part thereof to be survej^ed 

 or resurveyed whenever in his opinion such reserv^ation or any part thereof 

 may be advantageously utilized for agricultural or grazing purposes by 

 such Indians, and to cause allotment to each Indian located thereon to 

 be made in such areas as in liis opinion may be for their best interest, not 

 to exceed eighty acres of agricultural or one hundred and sixty acres of 

 grazing land to any one Indian. And whenever it shall appear to the 

 President that lands on any Indian reser\^ation, subject to allotment by 

 authority of law, have been or may be brought within any irrigation pro- 

 ject, he may cause allotments of such irrigable lands to be made to the 

 Indians entitled thereto in such areas as may be for their best interest, 

 not to exceed, however, forty acres to any one Indian, and such irrigable 

 land shall be held to be equal in quantity to twice the number of acres 

 of non-irrigated agricultural land and four times the number of acres of 

 non-irrigable grazing land : Provided, That the remaining area to which any 

 Indian may be entitled under existing law, after he shall have received his 

 proportion of irrigable land on the basis of equalization herein estab- 

 lished, may be allotted to him from non-irrigable agricidtural or grazing 

 lands : Provided fttrther, .That where a treaty or Act of Congress setting 

 apart such reservation provides for allotments in severalty in quantity 

 greater or less than that herein authorized, the President shall cause allot- 

 ments on such reservations to be made in quantity as specified in such 

 treaty or Act, subject, however, to the basis of equalization between irri- 

 gable and non-irrigable lands established herein, but in such cases allot- 

 ments may be made in quantity as specified in this Act, with the consent 

 of the Indians expressed in such maimer as the President in his discretion 

 may require. 



(5) " That upon the approval of the allotments provided for in 

 this Act by the Secretary of the Interior, he shall cause patents to issue 

 therefor in the name of the allottees, which patents shall be of the legal 

 effect, and declare that the United vStates does and will hold the land thus 

 allotted, for the period of twenty-five A^ears, in trust for the sole use and 

 benefit of the Indian to whom such allotment shall have been made, or, 

 in the case of his decease, of his heirs according to the laws of the State 

 or Tevritory where such land is located, and that at the expiration of said 

 period the United States will convey the same bj^ patent to said Indian, 

 or his heirs as aforesaid, in fee, discharged of said trust and free of all charge 

 or incumbrance whatsoever ; Provided, That the President of the United 

 States may in any case in his discretion extend the period. And if any 

 conveyance shall be made of the lands set apart and allotted as herein 



