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6

I am therefore of the opinion that, when allotments are made and patents issued, in accordance with the said severalty act of 1887, covering lands already held in severalty by members of the Winnebago tribe of Indians, under patent containing a clause which declares the title inalienable forever, such clause will by operation of law become abrogated, or, at least, merged in the twenty-five years restriction, provided for in the said severalty act of 1887.

The second question I am asked to answer is this:

"Can a man add the amount of land to which he is entitled under the severalty act to his allotment for which he holds a patent, return the patent and receive a new patent under the severalty act for the full amount including both allotments?"

From what has already been said, it will be seen that my opinion is to the effect that the law contemplates the making of new allotments and the issuing of new patents to old patentees, and that both the old and the new allotment of each allottee shall together aggregate the amount of land designated in said act of 1887: no more and no less except where the old allotment exceeds that provided for in said [[last?]] act: in which event there should be no more lands allotted, but a re-allotment of the same land, and in all cases