THOMAS] INDIAN POLICY OF THE UNITED STATES 643 



tracts witli other.s tliiiu their own citizens lor niiuing coal for a period 

 not exceeding ten years. 



Lands allotted and iiateuted were held by a tenure of a somewhat 

 higher grade than those mentioned, though their exact status in this 

 resiiect does not appear to have been cleaily defined. The chief para- 

 graphs of the iXtit of 1887 bearing on this point are as follows: 



Section 1 of this act provides — 



That iu all cases whero any tribe or baiiil of IiHlimiH Las been, or shall hereafter 

 be, located upon any reservation created for their use, either by treaty stiimlation 

 or by virtue of an Act of Congress or Executive order setting apart the same for their 

 use, the President of tlie United States be, and ho hereby is, authorized, whenever in 

 his opinion any reservation, or any part thereof, of such Indians is advantageous for 

 agricultural or grazing purposes, to cause said reservation, or any part thereof, to 

 be surveyed, or resurvcyed, if necessary, 



and to allot the lands in said reservation in severalty to any Indian 

 located thereon, etc. 



The tirst clause of section 2 provides, in substa.uce, that all allotments 

 set apart un<ler the provisions of this act shall be selected by the Indians, 

 heads of families selecting for their minor children, and the agents shall 

 select for each orphan child, and in such manner as to embrace the 

 improvements of the Indians making the selection. 



In this section it is also jjrovided that if any person entitled to an 

 allotment sinill fail to make a selection, the Secretary of the Interior 

 nmy, after four years from the time allotments shall have been author- 

 ized by the President on a particular reservation, direct the agent for 

 the tribe, or a si)ecial agent appointed for the purpose, to make a 

 selection for such person, which shall be patented to him as other selec- 

 tions are i)atented to the parties making them. 



Section 4 provides for making allotments from the iiublic domain to 

 Indians not residing upon any reservation or for whose tribe no reser- 

 vation has been provided by treaty, act of Congress, or executive order. 



Section C i)rovides as follows: 



That upon the completion of said allotments ami the pateni ing of the lands to said 

 allottees, each and every member of the respective bands or tribes cf Indians to 

 whom allotments have been made shall have the benefit of and be subject to the 

 laws, both civil and criminal, of the State or Territory in which they may reside; 

 and no Territory shall pass or enforce any law denying any such Indian within its 

 jurisdiction the eijual protection of the law. And every Indian born within the 

 territorial limits of the United States to whom allotments shall have been made 

 under the jnovisions of this act, or under any law or treaty, and every Indian born 

 within the territorial limits of the United States who has voluntarily taken up 

 within said limits his residence separate and apart from any tribe of Indians therein, 

 and has adopted the habits of civilized life, is hereby declared to be a citizen of the 

 United States, and is entitleil to all the rights, privileges, and immunities of such 

 citizens, whether said Indian has been or not, by birth or otherwise, a member of 

 any tribe of Indians within the territorial limits of the United States, without in 

 any manner impairing or otherwise alfectiug the right of any such Indian to tribal 

 or othei property. ' 



This would seem to make the Indian a true and complete citizen, 

 entitled to all the rights of any other citizen, yet this does not appear 

 to be conceded. 



' Kepurt of tbe Cuiumissiouei- ol Indian Affairs for 1891, page 20. 



