50 per acre.
Whatever may be said of the effect of the action of the Indian Bureau in
issuing certificates of allotment to individual Indians as it relates to
the title of the lands described therein, it was the only way that the
Government could perform its treaty obligation to furnish homes for any
number of Indians less than a tribe or band; and if these allotments did
not vest a title in these individual Indians they secured to them such
rights to the lands as the Government was bound to protect and which it
could not refuse to confirm if it became necessary by the issuance of
patents therefor.
These rights are fully recognized by the statute of 1873, as well as by
the bill under consideration.
The right and power of the Government to divest these allottees of their
interests under their certificates is so questionable that perhaps it
could only be done under the plan proposed, through an estoppel arising
from the acceptance of the price for which their allotted lands were
sold.
But whatever the effect of a compliance with the provisions of this bill
would be upon the title of the settlers to these lands, I can see no
fairness or justice in permitting them to enter and purchase such lands
at a sum much less than their appraised value in 1873 and for hardly
one-half the price paid by their neighbors under the law passed in that
year.
The occupancy upon these lands of the settlers seeking relief, and of
their grantors, is based upon wrong, violence, and oppression.
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