Rufus Wheeler Peckham

“ The trial court held that the act of 1882 took the place of all previous acts and treaties providing for allotments of land to the Omaha tribe of Indians, including the half or mixed breeds; that the fundamental question was who, under the terms of the act of 1882, were entitled to allotments; that the rights of the complainants must be adjudged according to the intent of the act of 1882, and that if a person had a right, within the terms of that act, to an allotment, it could not be denied him simply because he could not be brought within the terms of the treaty of 1865 ”

“ Notes
↑ Treaty of 1830.↑ Treaty of 1865. Article 4. The Omaha Indians, being desirous of promoting settled habits of industry and enterprise amongst themselves by abolishing the tenure in common by which they now hold their lands, and by assigning limited quantities thereof in severalty to the members of the tribe, including their half or mixed blood relatives now residing with them, to be cultivated and improved for their own individual use and benefit, it is hereby agreed and stipulated that the remaining portion of their present reservation shall be set apart for said purposes ”