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the present claimant was not living with the tribe at the date of said treaty.  Manifestly then she was not a beneficiary under said treaty in respect of the allotments therein provided, for only those half or mixed blood relatives [[underlined]]then residing[[/underlined]] with them could be so entitled.

The Omahas had already by a former treaty (July 15, 1830), provided for such of their half-breed brethren as were not residing with them at the date of the treaty aforesaid; and it was undoubtedly by reason of such prior beneficial provision that the restriction was made in the treaty of 1885, limiting the allotments to "the half or mixed bloods, relatives then residing with them[[/underlined]]." 

This very Barada family had thus been provided for, and I find that 320 acres of land were allotted and patented to Celes[[underlined]]tine[[/underlined]] Barada, individually, within the Nemaha half-breed reserve, where it appears, she and her father were living when the treaty of 1865 was concluded.

In the records of this office there is a schedule duly certified by the Chiefs of the Omaha tribe, showing the names of those who were properly entitled to selections of land under the treaty of 1805 aforesaid.

Neither the name of Antoine Barada (the father), nor that