Frazee v. Spokane County

Citations

• 29 Wash. 278
• 69 P. 779
• 1902 Wash. LEXIS 585

Syllabus

<p>INDIANS-HOMESTEAD- RIGHTS IN PUBLIC LANDS-MISTAKES IN PATENTS. ,</p> <p>A patent to a member of the Spokane tribe of Indians issued under and by virtue of the provisions of the act of congress of January 18, 1881, which relates only to the Winnebago Indians of Wisconsin, is void in so far as it attempts to impose a limitation that the lands patented shall be exempt from taxation and shall remain inalienable for the period of twenty years.</p> <p>SAME.</p> <p>An Indian who was entitled to a patent for a homestead under the act' of congress of July 4, 1884, but to whom the officers of the government erroneously issued a patent under another law, could not be deprived of the limitations and conditions of the act of 1884 in his favor through such action of the officers of the land department.</p> <p>SAME-EFFECT OF CITIZENSHIP.</p> <p>The act of congress of February 8, 1887, which confers citizenship- upon -all Indians who have voluntarily taken up residence separate and apart from any tribe and adopted the habits of civilized life is not in conflict with the act of congress of July 4, 1884, which extends the benefits of the homestead laws to Indians located upon the public lands, with restrictions, however, against alienation for a period of twenty-five years after the acquisition of title.</p> <p>SAME-CONDITION AGAINST ALIENATION.</p> <p>The act of congress of July 4, 1884, giving Indians the right to file homestead entries upon public lands, which shall’be held in trust for them by the government for twenty-five years after issuance of patent, and then full and unincumbered title vested in them by another patent after the expiration of such limitation, applies t'o those who have severed their tribal relations as well as to those who have not,</p> <p>SAME-WHICH STATUTE GOVERNS.</p> <p>Although an Indian located a homestead on public land while the act of March 3, 1875, was in force, which placed a five-year limitation upon alienation of lands acquired thereunder, ye