Seiffert v. Jones

Citations

• 186 P. 472
• 77 Okla. 204
• 1919 OK 338
• 1919 Okla. LEXIS 278

Syllabus

<p>(Syllabus by the Court.)</p> <p>1.Statutes — Time of Taking Effect — Act of Congress.</p> <p>An act of Congress takes effect on the date of its approval by the executive, unless its operation is postponed by its own terms.</p> <p>2. Same.</p> <p>When an act of Congress contains certain provisions that are postponed to take effect at a future, date, and there is no implication or expression therein that the act itself should be postponed, it will be held the act itself takes effect on the date of approval, and the only sections postponed to take effect will be those where the postponement is expressed therein, or is to be implied therefrom.</p> <p>3. Indians — Lands—Alienation—Statutes.</p> <p>As to the Five Civilized Tribes, section 1 of the Act of May 27,1908, fixes the status of allotments as regards restriction on alienation during the lifetime of the allottee, and section 9 fixes the fetatus of allotted lands as regards restriction on alienation after the death of 'the allottee, and each refers to separate and distinct subject-matters, and neither is dependent upon the other.</p> <p>4. Same — Restrictions—Statute.</p> <p>Section 9 of the Act of May 27, 1908, fixes the restrictions on alienation of allotted land of the Five Civilized Tribes after the death of the allottee, and there being no expression or inference in the section or act that it was the intent of Congress to postpone the time when said section should take effect, therefore said section became effective.May 27, 1908.</p> <p>On Rehearing.</p> <p>5. Same — “Restricted Lands” — Inheritance by Minors.</p> <p>Lands inherited by full-blood Choctaw Indian minors from a full-blood Choctaw allot-tee are not “restricted lands” within the purview of the proviso in section 6 of the Act of Congress of May 27, 190S, prohibiting the sale of incumbrance of restricted lands of living minors, except by leases authorized by law, by order of the court, or otherwise.</p>