[(■tier Explains
/ire On Land
following the publication last
from George Fol
_* of a wire
rB]evant to the town-ite deed
Lfttion, the following letter was
>ived in further explanation
Jibe law affectin8 the granting
j deeds:
I n]n view of the fact that your
ILgram of the 25th is the sec
Ij of that kind that has been
Inferred to this office recently,
perhars f should supplement my
uply of yesterday. The pertinent
pirt of the statue referred to,
(.4 Stat. 629, (43 U. S. C. A.
j55a) reads as follows:
“Where, upon the survey of a
lofrnsite pursuant to section 355
of tb s title, and the regulation
of the Department of the Interi
or under said section, a tract
oUimed and occupied by an Ind
ian or Eskimo of full or mixed
blood, native of Alaska, has been
or may be set apart to such Ind
iin or Eskimo, the townsite trus
tee is authorized to issue to him
»deed therefor which shall pro
vide that the title conveyed is
inalienable except upon approval
of file Secretary of the Interior:
Provided, That nothing herein
contained shall subject such tract
to taxation, to levy and sale in
satisfaction of the debts, con
tracts, or liabilities of the paten
tee, or to any claims of adverse
occupancy or law or prescription:
Provided further, That the ap
proval by the Secretary of the
Interior of the sale by an Indian
or Eskimo of a tract deeded to
him under this section and sec
tion 355c of this title shall vest
in file purchaser a complete and
unrestricted title from the date
of such approval”.
When it is understood that in
eaacting this statute, Congress
iatended to make it impossible,
wiihout the anproval of the Sec
retary of he Interior for a nat
ive to part with his rights in land
he id by use and occupancy or by
restricted deed from the United
States, the futility of trying to
circumvent the statute will be
readily apparent. Of course, if a
eative purchases land from one
wfeo has a fee simple title (Ed.
Note: In Kodiak, at this time,
would apply to patents only) he
obtains a like title and may free
ly alienate, transfer or encumber
it. No restrictions are placed by
tfce statute on transactions of
this kind, perhaps on the pre
sumption that a Native who
wo dd rather acquire an unres
tricted title than to receive the
protection of the statue, should
be allowed to do so But when a
Native settles upon a tract, for
which bo patent has been issued,
he cannot transfer, by quit claim
or otherwise, any right or inter
est to a white person which will
be recognized by the Depart
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meat, and the only right which
the grantee could obtain is the
right to hold the tract by con
tinued vi-e and occupancy. The
quit claim deed or other convey
ance, even though recorded,
would merely be evidence of the
release of the rights of the prior
occupant, and the grantee’s
rights, as against other persons
than the grantor, would depend
not on the quit claim deed, but
on his continued use and occu
pancy. From the foregoing, it
will be seen that a quit claim
deed to land of the kind referred
to is of little value.
Since a Native of mixed blood
would include any person having
any Native blood whatsoever, it
is possible that a large propor
tion of the population of Kodiak
may be exempt from taxation to
the extent of property held by
use and occupancy or restricted
title. If the resultant loss of rev
enue hampers the municipality
of Kodiak in discharging its or
dinary functions, your only re
course would appear to be to se
cure an amendment to the stat
ute itself.”
Senator A. B (Happy) Chand
ler, of Kentucky, was selected to
be high commissioner of baseball
by the owners of 16 major league
clubs meeting in Cleveland. He
succeeds the late Kenesaw
Mountain Landis.
nidest Oil Transfer Co.
in Kodiak!
We limit our activities to hauling oil
consequently you can depend upon us
to serve you.
THOMPSON TRANSFER
Erich Mueller, Prop.
TH E
“Home of Hospitalityu
is Kodiak
■
I BELMONT BAR
Jorgen F'redricksoa, Owner
COUPON SELECTIONS
019045
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020793
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FOR
APRIL
.S1000
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$25.00
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COUPON REDEEMED
John Malutin
SPECIAL FROM OUR MEAT DEPT.
Armour’s Frankfurters
40c ib.
Buy Seattle Langendorf
BREAD
The Best & Cheapest Full weight
■-* i • rp 11-2 lb.
Bread in lown Loav«
SPECIAL FROM OUR UPSTAIRS
WOMEN S DEPT.
Ladies’ Pajamas:
RAYON and RAYON MIXTURE
In Many Cloths, Figured & Plaia Colors
REGULARLY PRICED to S9.90
Now For Only $4.90
HARDWARE DEPT.
Vee Belts: Made to ORDER to your Measure
ments.
Vee Pulleys: 3” to 10” Hubs: 1-2” to l”
Boat Paints-Oakum-Caulking Cotten
Sheet Lead & Other items
for BOAT OVERHAUL & REPAIR
SPECIALS Z GROCERY OEPT.
for Saturday
Swnnsdown
Cake Flour
.35 pkg
Assorted
Jams
.65
2# glass jars
Krispy
CRACKERS
.55
2 Ik. pkgr.
Free Stone
Peaches
.40 can
Libby 2 1-2
btrmgless
Beans
#2 25c
LIBBY ROSEDALE
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<*•*