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was not living among the Omaha tribe at the time of the treaty of 1865 and was therefore disqualified from receiving land by the provision of Art. 4, of that treat.  At the Open council of the tribe held May 23, 1883, [[?Sin dar ho ho]], one of the councilmen said to Mrs. Euphrasia Peters:

"I know all about you, but I wish to ask you some questions.  Where and by whom were you born?"
"I was born in St. Louis, Mo. by a French woman," Mrs. Peters replied.
[[?Sin dar ho ho]] made answer:  "Then do not speak of this your claim to Omaha land anymore.  You have no right to land here."

There is no evidence of residence on the part of Mrs. Peters with the tribe during the period prior to the treaty of 1865, nor for the 17 years following.  It is therefore evident that the claim of Mrs. Peters to land upon the Omaha reservation cannot rest upon the law governing the allotments

over