THE
THE
STATUTES
AT LARGE
STATUTES AT
LARGE
OF
OF THE
UNITED STATES OF AMERICA,
AMERICA,
FROM
MARCH, 1897, TO MARCH, 1899,
AND
AND
RECENT TREATIES, CONVENTIONS,
EXECUTIVE PROCLAMATIONS,
PROCLAMATIONS,
CONVENTIONS, EXECUTIVE
AND
AND
THE CONCURRENT
CONCURRENT RESOLUTIONS
RESOLUTIONS OF THE TWO HOUSES OF CONGRESS.
CONGRESS.
BY AUTHORITY
OF
EDITED, PRINTED, AND
AND PUBLISHED
PUBLISHED BY
AUTHORITY OF
CONGRESS, UNDER
UNDER THE DIRECTION OF
CONGRESS,
OF
THE SECRETARY
SECRETARY OF STATE.
STATE.
VOL. XXX,
e
•
WASHINGTON:
WASHINGTON:
GrOTE
NMENT
GOVYERNMENT
PRINTING
PBINTING
1&99.
1&99.
OFFICE.
OFFIOE.
FIFTYFIFTH CONGRESS.
SESS. II. CHS.
CT's. 503,504,517.
503, 504, 517.
FIFTY-FIFTH
CONGRESS. SESS..
495
1898.
1S98.
—filing of account necamended
the following
following proviso,
proviso, to
to wit: Provided
Provided -filingofaccountnecamended by
by adding
adding thereto
thereto the
esry.
further, That
That no
the Government
Government of
of the
the United States,
States, SCh
further,
no suit
suit against
against the
United
ap. 359, vol. 24, p.
Chap.
505, amended.
brought
by any
any officer
the United
to recover
recover fees
services 50s5
officer of
of the
United States
States to
fees for
for services
brought by
1 amended.
alleged
performed for the
allowed Post p. 649.
alleged to have
have been performed
the -United States,
States, shall be allowed
under
this Act
unless an
for said
said fees
fees shall
shall have
have been
been rendered
an account
account for
rendered
under this
Act unless
Vol. 28, p. 206.
and
according to the provisions
and finally acted upon according
provisions of the Act
Act of
of July Vol.
28, . 206.
thirty-first,
eighteen
hundred
and
ninety-four
(chapter
one
hundred
and
thirty-first, eighteen hundred and ninety-four (chapter one hundred and
seventy-four, Twenty-eighth
hundred and
at Large, page
page one hundred
Twenty-eighth Statutes
Statutes at
seventy-four,
sixty-two), unless
unless the
the proper
proper accounting
accounting officer
officer of
of the Treasury
to
Treasury fails
fails to
sixty-two),
finally
within six
six months
account is received
after the account
received in
finally act
act thereon
thereon within
months after
said office.
—concurrent juri sdioSEC. 2.
March third,
SEC.
2. That section two
two of the
the Act aforesaid,
aforesaid, approved
approved March
cncurret urisdic-s
third, -tion of United S
eighteen hundred
hundred and
and eighty-seven,
eighty-seven, be
and the
the same
same is hereby, Courts
Courts not
not to
to extend
extend
be, and
eighteen
to.
amended by
by adding
adding thereto
at the
the end
end
be,thereof the
the following:
amended
thereto at
following: "The
"The tot,
50.
Post, pp.
pp. 649,
649, 650.
jurisdiction
hereby conferred
conferred upon
upon the
the said
district courts
courts
and district
said circuit
circuit and
jurisdiction hereby
shall
cases brought
brought to
recover fees,
fees, salary,
compensa- •
salary, or
or compensato cases
to recover
shall not
not extend
extend to
tion
official services
of the
United States
States or
brought for
or brought
for
officers of
the United
tion for
for official
services of
of officers
such
by persons
persons claiming
claiming as
officers or
or as
as assignees
or
assignees or
as such
such officers
such purpose
purpose by
legal
representatives thereof."
thereof."
legal representatives
Approved,
1898.
Approved, June
June 27,
27, 1898.
p64L1.
ta t
CHAP.
To amend
amend an
an Act entitled
"An Act to
establish a
to establish
a Court
Court of
of
entitled "An
Act To
CHAP. 504.—An
504.-An Act
Private Land
Land Claims
the settlement
of private
land claims
claims in
in
and to
to provide
provide for
for the
settlement of
private land
Private
Claims and
certain States
and Territories,"
Territories," approved
March third,
eighteen hundred
and ninetyninetythird, eighteeh
hundred and
certain
States and
approved March
approved February
February twenty-first,
twenty-first, eighteen
eighteen
one. and
and the
the Act amendatory
amendatory thereto, approved
and ninety-three.
ninety-three.
hundred and
June 27,1898.
27, 1898.
June
Be it
enacted by
by the
and House
House of
Representatives of the United
of Representatives
Be
it enacted
the Senate
Senate and
Court of
Private
States
Congress assembled,
That section
section eighteen
eighteen of
of an
an Court
of Private
in Congress
assembled, That
States of
of America
America in
Land
Land Claims.
Claims.
Land Claims
Claims and
and Time extended to
to
Act entitled "An Act to establish
establish a
a Court
Court of Private
Private Land
file claims
under adadclaims under
to provide for the settlement
settlement of private
private land claims in certain
certain States
States fle
verse possession.
p. 802.
862.
and
approved March
March third, eighteen
eighteen hundred
vol.2s,26, p.
hundred and ninety- Vol.
and Territories,"
Territories," approved
one
amended by
approved February
eighteen
one, as amended
by the
the Act approved
February twenty-first,
twenty-first, eighteen
hundred
same is hereby,
hereby, further
further amended
amended Vol. 27,
27, p. 470,
470,
ninety-three, be,
be, and
and the sameis
hundred and ninety-three,
by
"within two years
years after the
the first day
day of amended.
amended.
words "within
out the
the words
by striking
striking out
December,
eighteen hundred and ninety-two,"
ninety-two," as they stand in said
said
December, eighteen
Act
as amended,
amended, and
and inserting
inserting in
in lieu
the
the words
words "before
"before the
Act as
lieu thereof
thereof the
fourth
day of
of March,
March, nineteen
one," so that the first
first
nineteen hundred
hundred and
and one,"
fourth day
clause of
said section
That all
claims
all claims
shall read as follows,
follows, namely:
namely: "
"That
clause
of said
section shall
arising under
either of
two preceding
of this
this Act
Act shall
shall
of the
the next
next two
preceding sections
sections of
arising
under either
be
filed with
the surveyor-general
surveyor-general of
proper State
or Territory
State or
Territory
be filed
with the
of the
the proper
before the
the fourth
day of
March, nineteen
hundred and
and one,
one, and
before
fourth day
of March,
nineteen hundred
and no
no
claim not so
so filed
filed shall
shall be valid."
Approved,
27, 1898.
June 27,
Approved, June
CHAP.
Act For
For the protection
protection of
people of
Indian Territory,
the Indian
Territory, and
of the people
of the
517.-An Act
CHAP. 517.—An
for
purposes.
for other
other purposes.
June 28,1898.
28, 1898.
June
Post,
099,
Post, pp. 770, 1099,
1233.
1233.
Be
enacted by the
Representatives of
United
House of Representatives
of the United
Be it
it enacted
the Senate
Senate and House
Indian Territory.
Territory.
States of
of America
America in
in Congress
Congress assembled,
assembled, That
criminal prosecuprosecu- Indian
in all
all criminal
That in
States
Protection of the
embezzlement, bribery,
tions
bribery, peoleteetn o t h
officials for embezzlement,
tions in
in the Indian Territory against officials
"tie
licer
ee..' •
defined.
and embracery
embracery the word "
officer," when the same
same appears
appears in the crim- "fficer."defined.
"officer,"
and
heretofore extended
extende4 over
over and
and. put in force
said Territory,
inal laws heretofore
force in said
shall include
include all officers
several tribes
in
officers of the
the several
tribes or nations
nations of
of Indians
Indians in
said
said Territory.
Suits affecting tribal
SEC.
Suitsaffectingtribal
S
EC. 2. That when in the progress of any civil suit, either in law or property:
tribe to be
party.
made party.
equity,
any district in said Terri- made
equity, pending in the United States court in any
tory,
in
that the
the property
property of any tribe is in
tory, it
it shall appear
appear to the
the court that
any way affected by the isSues
issues being heard, said
said court
court is hereby
hereby author-.
authorized and required to make said tribe a
a party
party to said
said suit by service
496
FIFTY-FIFTH
FIFTYFIFTH CONGRESS.
CONGRESS. S
ESS. i.
II. CH.
CH. 517.
517.
SEss.
1898.
1898.
governor of the tribe, and the suit
upon the chief or governor
thereafter be
suit shall thereafter
be
conducted
conducted and determined
determined as if said tribe had been an
original party
an original
to said action.
Jurisdiction over
Jnrisdiction
over
SEC. 3. That said courts are
SEc.
are hereby
in their
their
hereby given
given jurisdiction
jurisdiction in
claimants who hold
hold
land as menrbers
members of
of a
respective districts to try cases
may
claim to
hold
a respective
cases against
against those
those who
who
may
claim
to
hold
tribe notwithstanding
tribe
nowithtading as members of a
tribe and whose membership
atribe
membership is denied by
by the
the tribe,
tribe,
its objection.
it objection
but who continue
continue to hold said lands and tenements
tenements notwithstanding
notwithstanding
—removal of
parties. the objection of the tribe; and if
-removal
of parties.
if it
it be found upon
upon trial
the same
trial that
that the
same
are held unlawfully
unlawfully against the tribe by those claiming
claiming to
to be members
members
thereof, and the membership
membership and right are disallowed
disallowed by
by the
the commiscommission to the Five Tribes, or the United
United States court,
court, and
the judgment
judgment
and the
has become final, then said court shall cause
cause the parties charged
charged with
unlawfully holding said possessions to be removed from the same
same and
and
cause the lands
lands and tenements to be restored to
persons
to the
the person or persons
or
Indians entitled
entitled to
to the
of the
the same:
same:
or nation
nation or
or tribe of Indians
the possession
possession of
Proviso.
always, That
That any
noncitizen in
possession of
of
PEtSioofpoaSes,
Providedalways,
Extension
of posses- Provided
any person
person being
being aanoncitizen
in possession
SiGII as compensation
sio
as compenstion lands, holding
possession thereof under an agreement, lease, or
holding the possession
or
for valuable improveonrvtalnuble mprove- improvement
improvement contract
ments.
contract with
of said
tribes, or
or any
any citizen
with either
either of
said nations
nations or
or tribes,
citizen
thereof, executed prior to January first, eighteen hundred and
and ninetyninetyeight, may, as to lands not exceeding
exceeding in amount
amount one hundred
hundred and
sixty
and sixty
acres, in defense of any action for the possession of
show
of said
said lands
lands show
that he is and has been in peaceable
peaceable possession of such lands,
lands, and
and that
that
he has while in such possession made lasting and
and valuable
valuable improvements
improvements
thereon, and that he has not enjoyed
enjoyed the possession
possession thereof a
a sufficient
sufficient
length of time to compensate
compensate him
Thereupon
him for such
such improvements.
improvements. Thereupon
jury trying said cause
the court or
or.jtuy
cause shall determine
determine the
the fair
fair and
and reasonreasonable value of such improvements
improvements and the
the fair and
and reasonable
reasonable rental
rental
value of such lands for the time the same shall have been occupied
occupied
by such person, and if the improvements exceed in value
value the amount
of rents with which such persons
persons should be
in its
its
be charged
charged the
the court,
court, in
judgment, shal
shall specify such time as will, in the opinion of the
the court,
court,
compensate
compensate such person for the balance due, and award him
possession
him possession
for such time unless the amount be paid by claimant
claimant within such reasonable time as the court shall specify. If
If the finding be that the amount
amount
of rents exceed the value of the improvements,
improvements, judgment
shall be
judgnent shall
be
rendered
rendered against the defendant for such sum, for which execution
execution may
may
issue.
Continuance
of pos.
ContinanceSof
sSEC.
4. That
That all
persons who
who have heretofore
SEC. 4.
all persons
heretofore made improvements
improvements on
on
ses.sion of intruders
intruoers
se,:ion
denied
deuied citizenship.
citizenship.
lands belonging to
to any one
of the
said tribes
tribes of
of Indians,
Indians, claiming
claiming rights
one of
the said
rights
of citizenship, whose claims have been decided adversely
adversely under the
Act
the Act
Vol. 29,9,p.
p.339.
Vol.
339.
of Congress
approved June tenth, eighteen
eighteen hundred
hundred and ninety-six,
of
Congress approved
ninety-six, shall
—limit; sale
sale of
of their
their have possession
-limit
thereof until and including December
December thirty-first,
thirty-first,
improvements.
eighteen hundred and ninety-eight;
ninety-eight; and may, prior to
to that time,
eighteen
time, sell
sell or
or
dispose of the same to any member
member of the tribe owning the
land who
who
the land
Proviso.
Ph
eeNation
desires to
That this
this section
to take
take the
the same
same in
in his
his allotment:
allotment: Provided,
Provided, That
section
Cherokee
Nation.
shall not apply to improvements
improvements which have been appraised
appraised and
paid
and paid
for or payment tendered by the Cherokee
Cherokee
Nation under the agreement
Nation
agreement
Vol.
Vol.'7,
p. Oil.
il.
with
the United States
with the
States approved
approved by Congress
Congress March third, eighteen
eighteen
hundred and ninety-three.
hundred
Notice to quit to adNvotice'
tquitto ad
SEC.
SEC. 5. That before any action by any tribe or person
person shall
comshall be
be comparty.
verse
party.
menced under section three of this Act it shall be the duty of the party
adverse party to leave the premises for
bringing the same to notify the adverse
for
—s,,rvice
- ,rvieof
of notice.
notice,
the
which the action is about to be brought, which notice
the possession
possession of which
shall be served
served at least thirty days before commencing
by
commencing the
the action
action by
defendant. or, if be
leaving a
a written copy with the defendant,
he can not be found,
by leaving the same at his last known
known place of residence
residence or business
business
with any person occupying
occupying the premises over the age of twelve years,
or, if
if his residence or business address
address can not be ascertained,
ascertained, by leaving the same with any person over the age of twelve years upon
the
upon the
premises sought to be recovered
recovered and described in said notice; and if
there be no person with whom said notice can be left, then by posting
posting
same on the premises.
premises.
FIFTY-FIFTH
FIFTYFIFTH CONGRESS.
CONGRESS. SESS.
SEss. II.
II. Cu.
CH. 517.
517.
1898.
1898.
SEC.
S
EC. 6. That the summons
summons shall not issue in such action until the
chief or governor of the tribe, or person or persons bringing suit in
497
497
Chief
tribe, etc.,
Chief of
of tribe,
etc.,
fi l e complaint, etc.
c
to file
to
complaint, et .
his own behalf, shall have filed a
a sworn complaint,
complaint, on behalf
of the
behalf of
the
tribe or himself,
himself, with the court, which shall,
shall, as
near as
as practicable,
as near
practicable,
describe
detained, and shall set forth
describe the premises so detained,
forth aadetention
detention without
without
the consent of the person
person bringing said suit or
or the
by one
whose
the tribe
tribe, by
one whose
membership
Provided, That if
membership is denied by it: Provided,
if th
thee chief
chief or
or governor
governor Proviso.
Proviso.
—refusal or failure.
or failure.
refuse or fail to bring suit in behalf of the tribe then any member of -refusal
the tribe may make complaint
complaint and bring said
said suit.
suit.
SEC. 7. That the court in granting aa continuance
continuance of any case,
SEC.
case, par- fBondoncontinuance
Bond on continuance
of case.
ticularly under
discretion, require
under section three, may, in its discretion,
require the party
case
applying therefor to give an
adverse party,
party, with
with
an undertaking
undertaking to
to the
the adverse
good and sufficient
securities, to be approved
approved by the
sufficient securities,
the judge
judge of
of the
the court,
court,
conditioned for the payment of all damages
damages and
defraying
and costs and
and defraying
the rent which may accrue if
if judgment
judgment be
be rendered
against him.
rendered against
him.
SEC.
S
EC. 8. That when a
ajudgment
judgment for restitution shall be entered
the tti
dgin ent for rest'.
entered by
by the
Judgment
resti
court the clerk shall, at the request of the plaintiff or his attorney, issue
issue tution
of writ.
a writ of execution thereon, which shall command
a
command the proper officer
officer of —issuance
-is""a"ce of
writ.
the court to cause the defendant
be forthwith
removed
defendant or
or defendants
defendants to
to be
forthwith removed
ejected from the premises and the plaintiff given
and ejected
complete and
and
given complete
undisturbed possession
possession of the same. The writ shall also command
command the
the
said officer
officer to levy upon the property
property of the defendant
defendant or defendants
defendants
subject
execution, and also collect therefrom
subject to execution,
action -costs,etc.
therefrom the costs of the
—costs, etc.
the action
and all accruing
accruing costs in the service of the writ.
shall be
be
writ. Said
Said writ
writ shall
executed
executed within thirty days.
SEC.
Extension
police
S
EC. 9. That the jurisdiction
jurisdiction of the court and muhicipal
municipal authority
authority of
of powers,
Extension of
of police
etc., of Fort
the city of Fort Smith for police purposes
purposes in
State of
of Arkansas
Arkansas is
in the
the State
is Smith to contiguous
contiguous
i
land,
Indian Terri.
hereby extended
extended over all that strip of land in the Indian
Indian Territory lying land
.erIndian
.
and being situate between the corporate
corporate limits of the said
said city
city of Fort
Fort ry
Smith and the Arkansas
Arkansas and Poteau
Poteau rivers, and
and extending
extending up
up the
the said
said
Poteau River to the mouth of Mill
Potean
Creek; and
all the
the laws
laws and
and ordiordiMill Creek;
and all
nances for the preservation
preservation of the peace and health
far
health of
of said
said city,
city, as
as far
as the same are applicable
pat in
in force
therein: Provided,
applicable, are hereby
Proviso.
hereby put
force therein:
Provided, Proviso.
N otax 0
to be
1
That no charge or tax shall ever be made or levied by said city against lev
levie
d. on tribe
betobe
said land or the tribe or
it belongs.
or nation
nation to whom
whom it
belongs.
SEC.
restitution of possession of real property
S
EC. 10. That all actions
actions for restitution
property Time within which
which
actions for restitution
restitution
under this Act must be commenced
commenced by the service of a
within of real property
a summons
summons within
property nust
must
commenced.
two years
years after the passage of this Act, where the wrongful
wrongful detention be
becommenced.
or possession began
began prior to the date of its passage; and
and all
all actions
actions
commenced hereafter, based upon
which shall be commenced
or
upon wrongful detention
detention or
possession committed since the passage of this Act
Act must
must be
be commenced
commenced
within two years after the cause of action accrued.
Actions
forcible
accrued. And nothing in
in entry,
Actions for
for forcible
etc.
this Act shall take away the right to maintain an action
action for unlawful
unlawful entryetr.
Vol. 26.
and forcible entry and detainer given
given by the Act of Congress passed
passed Vol.
26..p. 95.
95.
May second, eighteen
eighteen hundred
hundred and ninety (Twenty-sixth
(Twenty-sixth United
States
United States
Statutes, page ninety-five).
ninety-five).
Allotments.
SEC.
S
EC. 11. That when the roll of citizenship
citizenship of any one of said nations Allotments.
or tribes is fully completed
and the
of the
completed as provided
provided by
by law,
law, and
the survey
survey of
the
lands of said nation or tribe is also completed,
commission heretoheretocompleted, the
the commission
fore appointed under Acts of Congress, and known
"Dawes ComComknown as
as the
the "Dawes
mission,"
proceed to allot the exclusive use and occupancy
mission, shall proceed
of the
occupancy of
the
surface
surface of all the lands of said nation or tribe susceptible
of allotment
susceptible of
allotment
among the citizens thereof,
thereof, as shown by said roll, giving to each,
each, so
so far
far
as possible, his fair and equal share thereof,
thereof, considering
the nature
nature and
considering the
and
fertility
fertility of the soil, location, and
all oil,
oil, coal,
asphalt, —reservations
and value of
of same;
same; but
but all
coal, asphalt,
aotmrtaos from
from
alotment.
and mineral deposits in the lands of any tribe
reserved to
to such
tribe,
tribe are reserved
such tribe,
and no allotment of such lands shall carry the title to such oil,
oil, coal,
coal,
asphalt,
asphalt, or mineral
mineral deposits; and all town sites shall also be
reserved
be reserved
to the several tribes, and shall be set
set apart by
by the
the commission
commission heretoheretofore mentioned
mentioned as incapable of allotment.
allotment. There
also be
be reserved
reserved
There shall
shall also
from
irom allotment a
a sufficient amount of lands now occupied
occupied by
churches,
by churches,
schools, parsonages,
parsonages, charitable
charitable institutions, and other
other public buildings
buildings
VOL xxx-32
voL
Xx--32
tu
on .
.
ed.
498
498
FIFTYFIFTH CONGRESS.
CONGRESS. S
ESS. II.
II. C.
CH.. 517.
517. 1898.
1898.
SES.
FIFTY-FIFTH
for
actual and necessary
necessary use,
more, not to
for their
their present
present actual
use, and no more,
to exceed
exceed
five
each school
school and
for each
each church
church and
each parsonfive acres
acres for
for each
and one
one acre
acre for
and each
parsonage, and
and for
for such
such new
new schools
needed; also sufficient land
land
may be needed;
age,
schools as may
-reportonallotenents
where necessary.
--rer3rWnalktments •for burial grounds where
necessary. When such allotment of the
commission shall
shall
completed, said commission
lands of any tribe has been by them completed,
make
thereof to the
Secretary of the
the interior
make full report thereof
the Secretary
Interior for his
Proo,.
Provisos.
Provided, That
shall in
in any
way
any way
herein contained
contained shall
nothing herein
That nothing
etc, approval:
approval: Provided,
e8ed rightis
Vested
rights, etc.,
unaffected.
affect any
legal rights
rights which
heretofore granted
granted
affect
any vested
vested legal
which may
may have
have been
been heretofore
by
construed as
confer any additional
as to confer
additional
by Act
Act of
of Congress,
Congress, nor be so construed
rights
claiming under any such
such Act of Congress:
Congress:
rights upon
upon any
any parties
parties claiming
Allotment
Provided further,
further, That
whenever it
that any
of
otment
post out of Provided
That whenever
it shall
shall appear
appear that
any member
member of
lands in possession.
possession of
allotment may be made
made out of
of lands
lands, his
his allotment
aa tribe
tribe is
is in possession
holder so desires:
desires:
the lands in his possession,
possession, including
including his home if the holder
a Provided further, That if the person to whom an allotment shall have
Ouster of
of illegal
ouster
illega l al- Providedfurther,That if the person to whom an allotment shall have
lottee.
provided for, by
declared, upon appeal as herein provided
been made
made shall
shall be
be declared,
.
any of the courts of the United States in or for the aforesaid
aforesaid Territory,
Territory,
to have been illegally
illegally accorded
or
accorded rights of citizenship,
citizenship, and for that or
any
reason declared
declared to
not entitled
allotment, he
shall
any other
other reason
to be
be not
entitled to
to any
any allotment,
he shall
Refund
be
ousted and
ejected from
said lands;
all persons
known as
Befund by
alottee
by aikttee
be ousted
and ejected
from said
lands; that
that all
persons known
as
of
him
of amount
amount paid
paid him
for
who have
been paid
their improvements
improvements under
under existing
existing
or his improvements.
improvements. intruders
intruders who
have been
paid for
for their
laws and have not surrendered
thereof who may
may be found
found
surrendered possession
possession thereof
under the provisions
provisions of this Act to be entitled
entitled to citizenship
citizenship shall, within
ninety days thereafter,
thereafter, refund the amount so paid them, with six per
per
centum interest, to the
the tribe entitled
entitled theretotheir failure so
thereto; and upon their
to do said amount shall become
improvements owned
owned by
become aalien upon al
all improvements
enforced by such
and
such person in
in such
such Territory,
Territory, and
and may
may be enforced
such tribe; and
allotments shall be made to
unless such person makes such restitution no allotments
Statuof
him: Provided
Providedfurther, That the lands
Status" aotmentse
lauds allotted shall be nontransferable
nontransferable
before fall
before
failan°tmenta
title acacobligations conquired.
until after full title is acquired
acquired and shall be liable for no obligations
contracted prior thereto by the allottee, and
and shall be nontaxable
nontaxable while so
tracted
Acquisition
by town held:
held: Provided
Provided further,
That all
towns and
and cities
cities heretofore
heretofore incorporated
incorporated
all towns
further,That
pitionbl
of
for public
ofAland for
improvement.
provements.
under the
Act are
hereby authorized
authorized to
or incorporated
incorporated under
the provisions
provisions of
of this
this Act
are hereby
to
secure, by condemnation
condemnation or otherwise, all the lands actually necessary
necessary
regardless of
' and
for public improvements,
improvements, regardless
of tribal lines
lines;and when the same
can not be secured
secured otherwise
otherwise than
condemnation, then
then the same
same
than by condemnation,
may be acquired
acquired as provided
provided in sections nine hundred
hundred and seven
seven and
and
nine hundred
hundred and twelve, inclusive, of Mansfield's
Mansfield's Digest
Digest of the Statutes of Arkansas.
Confirmation of alSEc.
allotments of lands of any tribe shall
SEC. 12. That when
when report
report of allotments
lotmenta.
lotments.
be made to the Secretary
Secretary of the
the Interior, as hereinbefore
hereinbefore provided,
provided, he
he
shall make a
arecord
record thereof, and when he shall confirm
confirm such allotments
allotments
the allottees shall remain in peaceable
peaceable and undisturbed
undisturbed possession
possession
thereof, subject
subject to the provisions
thereof,
provisions of this Act.
Leasing of minerals.
SEC. 13. That the Secretary
Secretary of
the Interior
is hereby
hereby authorized
authorized and
and
Leaaingofminerals.
SEC.
of the
Interior is
directed from time to time to provide
provide rules
rules and regulations
regulations in regard to
to
the leasing of oil, coal,
minerals in
Territory,
coal, asphalt, and
and other minerals
in said Territory,
and all such leases
leases shall be made by the Secretary
Secretary of the Interior; and
any lease for any such minerals
shall be absolutely
absolutely void.
void.
minerals otherwise made shall
-extent of
of lease,
lease,etc.
—extent
etc. No lease shall
shall be made or renewed
renewed for aa longer period than fifteen
fifteen
years, nor cover the mineral in more than
than six hundred
hundred and forty acres
acres
Payment of advance
advance of land,which
shall conform
land, which shall
conform as nearly
nearly as
as possible to the surveys.
surveys. LesLesroyalty on claim,
royaty on clim.
sees shall
sees
shall pay
pay on each
each oil, coal,
coal, asphalt, or other mineral
mineral claim at the
rate of one hundred dollars per annum, in advance, for the first and
and
second years; two hundred dollars per annum, in advance,
advance, for the
third and fourth years, and five hundred
hundred dollars, in advance,
advance, for each
each
succeeding year thereafter, as advanced
advanced royalty on the mine or claim
—to he
hi ch they
they are
ill such
such payments
shall be
credit on
on royalty
-to
e credit on roy- on
on w
which
are made.
made. All
payments shall
be a
a credit
royalty
alty, etc.
when
is developed
and operated
production is
when each
each said
said mine
mine is
developed and
operated and
and its
its production
is in
in
guaranteed annual
excess of such guaranteed
advanced payments;
payments; and all lessees
lessees
annual advanced
must pay said annual
annual advanced
advanced payments on each
each claim, whether devel-failure to pay.
oped or undeveloped;
-failure
undeveloped; and should any lessee neglect
neglect or
or refuse
refuse to
to pay
pay such
such
advanced annual
annual royalty for the period
period of sixty days after
after the same
same
becomes due and payable
any lease, the lease
lease on which
which default is
is
becomes
payable on any
FIFTY-FIFTH
FIFTYFIFTH CONGRESS.
CONGRESS. SESS.
SESS. II.
II.
Cu.
OH. 517.
517.
1898.
1898.
499
499
made shall become null and void, and the
advance shall
shall
the royalties
royalties paid
paid in
in advance
Damages for mining
then become and be the money and property
property of the tribe. Where
Where any oil,
oil, Damagesfor
mining
allotcoal, asphalt, or other mineral is hereafter
sold, joupeertas,
hereafter opened on land allotted,
allotted, sold,
ents,tions on alloet
or reserved, the value of the use of the necessary
surface
for
prospecting
necessary surface for prospecting
or mining, and the damage
damage done to the
improvements,
the other
other land
land and
and improvements,
shall be ascertained under the direction
direction of the Secretary
Secretary of
of the
Interior
the Interior
and paid to the
the lessee
lessee or
or party
party
the allottee or
or owner
owner of the
the land,
land, by
by the
operating
operating the same, before
before operations
operations begin:
begin: Provided,
Provided, That
That nothing
nothing Provisos.
Leod interests
Leasehold interests
herein
herein contained
contained shall impair
impair the rights of any holder
holder or owner of
minerals sanctioned
of aa in
inmineraissanctioned
by Congress
88 unimleasehold
leasehold interest
interest in any oil, coal rights, asphalt,
asphalt, or
or mineral
mineral which
which have
have paired.
paired."
im
been assented to by act
interest shall
act of
of Congress,
Congress, but
but all such interest
shall concontinue unimpaired
unimpaired hereby,
such holders
or owners
owners
hereby, and
and shall
shall be assured
assured to
to such
holders or
by leases from the Secretary of the Interior
Interior for the term
term not exceeding
exceeding
royalties
fifteen
fifteen years, but subject to payment
payment of advance
advance royalties
royalties as herein
herein —advance
o-ddvace royalties
on, etc.
provided, when such leases
the rate
rate of
of royalty
royalty on
leases are not operated, to
to the
on
coal mined, and the rules and regalations
by the
the SecSecregulations to
to be
be prescribed
prescribed by
retary
preference shall
retary of the Interior, and preference
be given
given to
to such
shall be
such parties
parties in
in
renewals
provided further,
renewals of such leases:
leases: And provided
under the .referencein
Preference in releasfurther, That when,
when, under
ing to parties
8 in posprevailing in
in the
the Indian
customs and laws
laws heretofore
heretofore existing and
and prevailing
Indian TerTer- setsnes
n pon
session.
ritory,
ritory, leases have been
been made of different
different groups
parcels of
coal,
groups or
or parcels
of oil,
oil, coal,
asphalt, or other mineral
deposits and
and possession
possession has
been taken
taken theremineral deposits,
has been
thereunder
improvements made for
under and improvements
development of
of such
such oil,
coal,
for the development
oil, coal,
asphalt, or other mineral
which
mineral deposits,
deposits, by
by lessees
lessees or
or their
their assigns,
assigns, which
have
have resulted in the production of
asphalt, or other
other mineral
mineral
of oil, coal, asphalt,
commercial quantities by
in commercial
or their
their assigns,
assigns, then
by such lessees or
then such
such
parties in possession
possession shall
be given
given preference
preference in
the making
making of
parties
shall be
in the
of new
new
leases, in compliance
Secretary of
compliance with
with the
the directions
directions of
of the Secretary
of the
the InteInte--allowance
for imrior; and in making
making new leases due consideration
for the
consideration shall be
be made for
the provements.
-a.owanee for
in.
improvements
improvements of such lessees, and in all cases of the leasing
leasing or renewal
renewal proveme"n
of leases
oil, coal,
and other
other mineral
of
leases of
of oil,
coal, asphalt,
asphalt, and
mineral deposits
deposits preference
preference
shall be given to parties in possession who have
improvements.
have made
made improvements.
Rate of royalty, how
The rate of royalty
royalty to be paid
fixed by
paid by all lessees shall be
be fixed
by the
the Rateof
how
fixed.
Secretary
Secretary of
of the Interior.
Interior.
fxed.
Incorporation of
SEC.
SEC. 14. That the inhabitants
inhabitants of any city
Territory Ionnrporation
city or
or town in said
said Territory
of
towns.
having two hundred or more residents therein
may proceed,
by petition
petition Poet,
therein may
proceed, by
Post, pp. 505, 514.
514.
to the United States court in
which such
town is
in the district in which
such city
city or
or town
is
located,
located, to have the same incorporated
provided in
in chapter
twentyincorporated as provided
chapter twentynine of Mansfield's
of Arkansas,
if not
Mansfield's Digest
Digest of
of the Statutes
Statutes of
Arkansas, if
not already
already
incorporated thereunder;
incorporated
said court
shall record
thereunder; and the
the clerk
clerk of
of said
court shall
record all
all
papers
papers and perform
perform all the acts required of
the county,
of the recorder
recorder of
of the
county,
or
the clerk
of the
minty court,
court, or
or the
the secretary
secretary of
of state,
state, necessary
necessary for
for
or the
clerk of
the county
the incorporation
in Mansfield's
Mansfield's
incorporation of any city or
or town,
town, as
as provided
provided in
Digest, and such city or town government, when so authorized
authorized and
and
organized, shall
powers and
and exercise
exercise all
the rights
shall possess all the powers
all the
rights of
of
Qualified voters
voters.
All male
similar municipalities
municipalities in said
said State of Arkansas.
Arkansas. All
male inhabitants
inhabitants Qualified
of such cities and towns over the age
twenty-one years,
years, who
are
age of
of twenty-one
who are
citizens of
United States
or of
of either
who have
have
citizens
of the
the United
States or
either of
of said
said tribes,
tribes, who
than six
next before
before any
election held
held
resided therein
therein more
more than
six months
months next
any election
under this Act, shall be qualified voters
election. That
That mayors
voters at
at such election.
mayors Powers
mayors.
Powers of
of mayors
of such cities and towns, in addition to their other powers, shall have
the same jurisdiction
jurisdiction in all civil and criminal
criminal cases arising within
within the
corporate limits of such cities and towns as, and coextensive
coextensive with,
with,
United States
States commissioners in the Indian
Indian Territory, and
and may charge,
collect, and retain the same fees
fees as
commissioners now
collect and
and
as such
such commissioners
now collect
account for to the United States; and the marshal or other executive
executive Marshal.
Marshal
officer of such city or town may execute all processes
issued in
in the
processes issued
the
exercise
conferred, and
and charge
exercise of the
the jurisdiction
jurisdiction hereby conferred,
charge and
and collect
collect the
the
same fees for similar services,
as are
are allowed
constables under
the
services, as
allowed to
to constables
under the
laws now in force
force in said Territory.
Elections, how
how crnconAll elections
elections shall be conducted
conducted under the provisions of chapter fifty- Elections,
ducted.
six of said digest, entitled "
" Elections,"
Elections," so far as the same may be appli- du c t eL
Equal rights, regardcable; and all inhabitants of such cities and towns, without regard to E.qalrightsregardof race.
race, shall be subject to all laws and ordinances
ordinances of
of such city or town less
les of
race.
etc.
500
500
Taxation.
Tmstion.
• *Free
Free schools.
chools.
FIFTY-FIFTH CONGRESS.
CONGRESS. Sass.
SESSI.II.
II.
FIFTY-FIFTH
Cu.
517.
H. 517.
1898.
1898.
governments,
and shall
shall have
privileges, and
and protection
protection
have equal
equal rights,
rights, privileges,
governments, and
therein. Such
Such city
or town
shall in
in no
case have
have any
any
no case
town governments
governments shall
therein.
city or
authority
to impose
impose upon
upon or
or levy
any tax
lands in
in said
tax against
against any
any lands
said
authority to
levy any
cities or
towns until
until after
after title
is secured
from the
the tribe
all other
but all
other
secured from
tribe;•but
cities
or towns
title is
including all
all improvements
improvements on town lots, which for the purproperty, including
deemed and considered
considered personal
personal property,
property,
shall be deemed
poses of this
this Act
Act shall
together with
all occupations
privileges, shall
be subject
subject to
to taxtaxshall be
occupations and
and privileges,
together
with all
support of
of
for the
the support
such cities
cities and
and towns,
towns, for
And the councils
councils of such
ation. And
the
same and
for school
other public
may provide
by
purposes, may
provide by
school and
and other
public purposes,
the same
and for
ordinance for
for the
the assessment,
assessment, levy,
annually of
of a
a tax
tax
levy, and
and collection
collection annually
ordinance
upon
such property,
aggregate two per centum of
to exceed in the aggregate
property, not to
upon such
the assessed
assessed value
thereof, in manner provided
hundred
provided in chapter one hundred
the
value thereof,
and twenty-nine
said digest,
entitled "Revenue,"
"Revenue," and
and for
for such
such purtwenty-nine of
of said
digest, entitled
and
occupations and privileges.
a tax upon
upon occupations
poses may also impose a
Such councils
may also
establish and
free schools
in such
schools in
such
also establish
and maintain
maintain free
Such
councils may
cities and towns
hundred
provisions of sections sixty-two hundred
towns, under the provisions
and fifty-eight
fifty-eight to sixty-two hundred
hundred and seventy-six,
seventy-six, inclusive, of said
digest,
exercise all the
powers conferred
conferred upon
special school
school
upon special
the powers
digest, and
and may
may exercise
districts
of
cities and towns in
in the State of Arkansas by the laws of
districts in cities
provisions of
the provisions
conflict with
with the
are not in conflict
the same
same are
said State when the
this Act.
L
Law°
of Arkana
inIaws
For thepurposes
the purposes of this section all the laws of said State of Arkansas
Arkansas
force. of Arkana"
herein referred
referred to, so far as applicable,
applicable, are hereby put in force
force in said
said
herein
States court therein
therein shall have jurisdiction
jurisdiction
Territory; and the -United States
enforce the same, and to punish any violation thereof, and the city
to enforce
or town
town councils
shall pass
may be
as may
be necessary
necessary for the
pass such
such ordinances
ordinances as
or
councils shall
extended over them applicable
applicable to them
purpose of making the laws extended
in this
this
Provisos.
and
carrying the
effect: Provided,
Provided, That
the same
same into
into effect:
That nothing
nothing in
proaos.
and for
for carrying
In
toxi
ca ting liquor
lig
n" Act,
the laws
laws of
the State
State of
of Arkansas,
Arkansas, shall
shall authorize
authorize or
permit
or permit
of the
or in
in the
Act, or
ptibitc
prohibited
the
sale, of
Terriliquor in
in said
said Terrifor sale,
of any
any intoxicating
intoxicating liquor
the sale,
sale, or
or exposure
exposure for
tory, or the introduction
introduction thereof into said Territory; and it
it shall be
the duty of the district
district attorneys in said Territory and the officers
officers of
such municipalities
municipalities to prosecute
prosecute all violators
violators of the laws of the United
United
States relating
relating to the introduction
introduction of intoxicating
intoxicating liquors into said
Territory, or to their sale, or exposure for sale, therein: Provided
Provided
Leases, etc., trans'
trans- further,
further, That owners and holders
holders of
leases or
in any
of leases
or improvements
improvements in
any
ferable.
ferable.
city or town shall be privileged
privileged to transfer the same.
a commission
commission in each town for each one
one
Commission
SEC.
lay
Commission to
to lay
S
EC. 15. That there
there shall be a
out town sites.
ot ste
ton
of the Chickasaw
Chickasaw,, Choctaw, Creek, and Cherokee
of
Cherokee tribes, to consist of
executive of the tribe,
tribe, who shall
one member to be appointed by the executive
to
not be
be interested
interested in
in town property, other than
than his
his home;
home; one
one person to
be appointed by the Secretary of the Interior, and one member to be
selected by the town. And if the executive of the tribe or the town
town
selected
fail to select members as aforesaid,
aforesaid, they
they may be selected
selected and appointed
appointed
Secretary of the Interior.
by the Secretary
Surveys,etc.
Said commissions shall cause to be surveyed
Surveys,
etc.
sites
surveyed and
and laid out town sites
where towns with a
a present population
are
where
population of two hundred
hundred or more are
located, conforming to the existing survey so far as may be, with proper
located,
necessary streets, alleys, and public grounds, including parks and
and necessary
and
cemeteries, giving to each town such territory as may be required
required for
cemeteries,
Filing of plate.
its present
present needs
jelling
plats.
prospective growth;
shall prepare
prepare
needs and
and reasonable
reasonable prospective
growth; and
and shall
correct
correct plats thereof, and file one with the Secretary
Secretary of the Interior, one
one
with
with the clerk of the United States court, one with the authorities
authorities of
Appraisal
Appraisal of lands.
lands, the tribe, and one with the town authorities.
And all town lots shall
be appraised
commission at their true value, excluding
appraised by said commission
excluding improveimprovements; and separate
appraisements shall be made of all improvements
improvements
ments;
separate appraisements
thereon; and no such appraisement
appraisement shall be effective
effective until approved by
thereon;
Secretary of the Interior
the Secretary
Interior,, and in case of disagreement
disagreement by the members of such commission as to the value of any lot, said Secretary
Secretary may
thereof.
fix the value thereof.
Preference right of
The owner of the improvements
Preference
improvements upon any town
town lot,
lot, other
other than
than fenfenputchase
purchase of lot to
to .
of improve- cing,
cmg, tillage,
owner of
tillage, or
or temporary
temporary buildings, may deposit
deposit in the
the United
United States
States
me
nts.
Treasury, Saint Louis,
Louis, Missouri, one-half
musts.
one-half of such appraised value; ten
FIFTY-FIFTH
FIFTY-FIFTH CONGRESS.
CONGRESS.
SESSII.
SEss.
II.
Cu. 517.
CH.
517.
1898.
1898.
501
501
per centum within two months and fifteen per centum
centum more within six
six
appraisement, and the remainder
months after notice of appraisement,
remainder in
three equal
equal
in three
annual installments thereafter, depositing
the Secretary
Secretary of
of the
the
depositing with the
Interior one receipt
one with
the authorities
authorities of
receipt for
for each payment,
payment, and
and one
with the
of
the tribe, and such deposit shall
deemed a
a tender
tender to
to the
the tribe
tribe of
the
shall be deemed
of the
purchase
such lot.
purchase money
money for
for such
lot.
If the owner of such improvements
If
improvements on any lot
make deposit
deposit -failure
lot fails
fails to make
—failure to purchase,
purchase,
how sold.
of the purchase money as aforesaid, then
then such lot
may be sold in the how
lot may
sold.
for inmimmanner herein provided
provided for the sale of unimproved
unimproved lots; and
and when
when the
the —payment
-payment for
provements.
purchaser thereof
purchaser
thereof has complied
complied with the requirements
herein for
pur- prov"ments.
requirements herein
for the purchase of improved
improved lots he may, by petition,
petition apply
apply to
States
to the United
United States
court within whose jurisdiction
is located
for condemnation
condemnation
jurisdiction the
the town
town is
located for
and appraisement of such improvements
petitioner shall,
shall, after
after
improvements, and
and petitioner
judgment, deposit
value so
so fixed
fixed with
of the
court; and
and
deposit the
the value
with the
the clerk
clerk of
the court;
thereupon
thereupon the defendant
defendant shall
required to
accept same
in full
full paypayshall be required
to accept
same in
ment
improvements or remove same
ment for his improvements
such
same from
from the
the lot
lot within
within such
time
tune as may be
be fixed by the court.
Unimproved lots,
lots,
All town lots not improved
improved as aforesaid
aforesaid shall belong
belong to the tribe,
tribe, and
and Unimproved
appraisal and sale.
appraised, and,
approval by the Secretary
shall be in like manner appraised,
and, after approval
Secretary apprasal and sale.
Interior, and due
of the Interior,
due notice,
notice, sold
sold to
to the
public
the highest
highest bidder
bidder at
at public
auction
auction by said commission,
commission, but not
than their
not for
for less
less than
their appraised
appraised value,
value,
unless ordered by the Secretary
Secretary of
and purchasers
of the
the Interior;
Interior; and
purchasers may
may
in like manner
manner make deposits
deposits of the
the purchase
purchase money
with like
like effect,
effect,
money with
improved lots.
lots.
as in case of
of improved
Parks, cemeteries
cemeteries
The inhabitants
Parks,
inhabitants of any town may, within one year after
after the
the comple- etc.
tion of the survey
survey thereof, make such
deposit of
dollars per
per acre
acre
such deposit
of ten dollars
for parks, cemeteries,
cemeteries, and other
public grounds
grounds laid
by said
said comcomother public
laid out
out by
mission with like effect as for improved
such parks
parks and
and public
public
improved lots;
lots; and
and such
any purpose
purpose until
until such
such deposits
made.
grounds shall
shall not be
be used
used for
for any
deposits are
are made.
Deeds of
conveyThe person authorized
authorized by the tribe
execute or deliver
deliver Deeds
tribe or
or tribes
tribes may
may execute
of convey.
anee.
to any such purchaser,
expense to him, aadeed conveying
purchaser, without
without expense
conveying to him ance.
the title to such lands or town lots; and thereafter
thereafter the purchase
purchase money
money
Per capita
capita payment
payment
shall become the property of the tribe; and all such moneys
moneys shall, when ofPer
proceeds of sales.
titles to all the lots in the towns belonging
belonging to
to any tribe have
have been thus o
eedf ale
Provisos.
perfected,
members of the tribe:
perfected, be paid per capita to the members
tribe: Provided,
Provided, J',rovio.
Reservation of
f coal
however, That in those town sites
and laid
laid out
out under
under the
sites designated
designated and
the mile8rs
sals
miners' house.l
houses, lands,
etc.
provisions of this Act where
where coal leases are now being operated
operated and et,coal is being mined there shall
reserved from
and sale
sale
shall be reserved
from appraisement
appraisement and
all lots occupied by houses of miners
miners actually
actually engaged
engaged in mining
mining,, and
and
only while they are so engaged, and in addition thereto
sufficient
thereto aa sufficient
determined by
furnish homes
homes
amount of
of land,
land, to
to be
be determined
by the
the appraisers,
appraisers, to
to furnish
for the men actually engaged
engaged in working
said
working for
for the lessees
lessees operating
operating said
mines and a
a sufficient
sufficient amount for all buildings
buildings and
and machinery
for minminmachinery for
providedfurther,
ing purposes:
purposes: And provided
That when the lessees
cease -sale
—sale on
further, That
lessees shall
shall cease
on cessation of
mining.
to operate
operate said mines,
that event,
event, the
the lots
of land
land so
so reserved
mines, then,
then, and in that
lots of
reserved mining.
be disposed
of as
as provided
for in
in this
Act.
shall be
disposed of
provided for
this Act.
SEC. 16. That it
person, after the passage Royalties and rents
SEc.
it shall be unlawful for any person,
to be deposited in
except as
as hereinafter
hereinafter provided,
to claim,
demand, or
or receive,
of this Act, except
provided, to
claim, demand,
receive, Treasury
credit of
Treasury to
to credit
of
t
ri be
for his own use or for the use of anyone
coal, tribe.
anyone else,
else, any royalty
royalty on oil, coal,
asphalt, or other mineral,
mineral, or
or on
any timber
timber or
or any
any other
kind
asphalt,
on any
or lumber,
lumber, or
other kind
of property whatsoever,
whatsoever, or any rents on any lands
belonglands or property
property belonging to any one of said tribes or nations in said Territory,
Territory, or for anyone
anyone
to pay to any individual any such
or any
any consideration
consideration
such royalty
royalty or
or rents
rents or
therefor
therefor whatsoever; and all royalties
royalties and rents
hereafter payable
rents hereafter
payable to
to
the tribe shall be paid,
regulations as
as may
be
paid, under
under such
such rules
rules and
and regulations
may be
prescribed
Treasury of the
prescribed by the Secretary
Secretary of the Interior, into the Treasury
United States to the credit
Provisos.
credit of the tribe to which they belong:
Provided, Prooss.
belong: Provided,
Continuance until
That where any citizen shall be
possession of
only such
amount of
of allCoentof
be in possession
of only
such amount
allotment of reaso
reasonable share
share of
agricultural or grazing lands as would
would be his just and reasonable
reasonable share able
of land.
land.
of the lands of his nation
nation or tribe and that to
wife and
minor
to which his
his wife
and minor
continue to use the
children are entitled, he may continue
the same or receive
receive the
the
on
rents thereon
thereon until allotment has been
been made
made to him: Provided
Providedfurther,
further, Sale
Sale of
of timber on
allotments.
That nothing
nothing herein contained
contained shall impair
impair the rights of any member
member allotment
FIFTY-FIFTH CONGRESS.
CONGRESS.
FIFTY-FIFTH
502
Excessive
holdings
Excessive holdings
of land or property.
land or pert
of
Penalty.
Penalty.
of a
a tribe
tribe to
to dispose
dispose of
contained on
on his,
her, or their
their
his, her,
timber contained
of any
any timber
of
allotment.
S
EC. 17.
it shall
shall be
citizen of any
any one of said
any citizen
for any
be unlawful
unlawful for
That it
17. That
SEC.
tribes
to inclose
or in
any manner,
manner, by
by himself
himself or
or through
through another,
another,
in any
inclose or
tribes to
directly or
hold possession
possession of
greater amount
lands
of lands
amount of
of any
any greater
to hold
indirectly, to
or indirectly,
directly
or other
other property
property belonging
belonging to
to any
any such nation
which
that which
than that
tribe than
nation or tribe
or
would be
of the
lands belonging
belonging to
to such
nation
such nation
the lands
share of
approximate share
his approximate
be his
would
or
that of
his wife
children as per allotment
allotment
his minor
minor children
and his
wife and
of his
and that
tribe and
or tribe
herein provided;
provided; and
any person
found in
or
possession of lands or
such possession
in such
person found
and any
herein
other
in excess
of his
his share
share and
that of
of his
his family, as aforeand that
excess of
property in
other property
said,
or having
the same
same in
in any
any manner
manner inclosed,
of
expiration of
at the expiration
inclosed, at
having the
said, or
nine
months after
the passage of this
deemed guilty of a
a
shall be deemed
this Act, shall
after the
nine months
misdemeanor.
misdemeanor.
SEC. 18.
That any
convicted of
violating any
of the
the proviany of
of violating
person convicted
any person
18. That
SEC.
sions of
sections sixteen
seventeen of this
deemed
this Act shall be deemed
sixteen and seventeen
of sections
sions
guilty of
of a
one
punished by aafine of not less than one
misdemeanor and punished
a misdemeanor
guilty
hundred dollars,
dollars, and shall
committed until such fine and costs
costs
stand committed
shall stand
hundred
are
dollars
commitment not to exceed one day for every two dollars
(such commitment
paid (such
are paid
of said
said fine
property in
possession of any property
and shall forfeit possession
costs), and
and costs),
fine and
of
question,
continues
committed or continues
which such offense is committed
on which
day on
question, and each day
Dispossession.
Dipossession.
No further payment
Nofartherpayment
totribal governments.
totribalgovernments.
Percapitapayments,
Percapitapayments,
how made.
how made.
assistance
Clerical assistance
for commission, etc.
or commission, etc.
Commission to Five
Commlission
Civilized Tribes.
—enrollment ot
of Cherciifr-ennIi,,'t
okee citizens,
citizens, etc.
etc.
okee
—of Cherokee
Cherokee freedfreed-of
men.
men.
—of citizens
citizens by blood
bloud
-of
of all other tribes.
of
all other tribe,
SEss. II.
II. CH. 517. 1898.
SESS.
to
shall be
be deemed
the United
United States
States
And the
offense. And
a separate
separate offense.
deemed a
to exist
exist shall
required to see that the proviattorneys in said Territory are required
district attorneys
enforced and they shall at once prosions of said sections are strictly enforced
excessive holding of lands and
and
all persons of such excessive
ceed to dispossess all
to
prosecute them for so unlawfully holding the same.
to prosecute
SEE. 19.
19. That
payment of
of any
whatever
account whatever
any account
on any
moneys on
any moneys
no payment
That no
SEC.
shall hereafter
hereafter be made by the United
United States to any
any of the tribal
tribal govof
ernments
ernments or to any officer thereof for disbursement, but payments of
all
to members
members of
of said
said tribes
direction of the
tribes shall
shall be made under direction
sums to
all sums
capita
him; and per capita
Secretary
appointed by him;
by an
an officer
officer appointed
the Interior
Interior by
Secretary of the
of
payments shall be made direct to each individual
individual in lawful money of
of
the United States, and the same shall not be liable to the payment of
previously contracted
obligation.
contracted obligation.
any previously
SEC.
S
EC. 20. That the commission
commission hereinbefore
hereinbefore named shall have authorassistSecretary of the Interior,
employ, with approval of the Secretary
ity to employ,
Interior, all assistprompt and efficient
efficient performance
performance of all duties
duties
ance necessary for the prompt
herein imposed, including competent
competent surveyors
surveyors to make allotments, and
and
to
other needed
work, and the Secretary
Interior may
Secretary of the Interior
needed work,
to do
do any other
competent clerks to aid them in the performance
performance of their duties.
detail competent
SEC. 21. That in making rolls of citizenship of the several tribes, as
SEC.
required
the Commission
Commission to
to the
Five Civilized
Civilized Tribes
Tribes is
is authorauthorthe Five
by law,
law, the
required by
ized and directed to take the roll of Cherokee
citizens of eighteen
eighteen hunCherokee citizens
dred and eighty (not including freedmen)
freedmen) as the only roll intended to
be confirmed
confirmed by this and
and preceding
preceding Acts of Congress,
Congress, and to enroll all
persons now living whose names are found on said roll, and all descendfound
ants born since the date of said roll to persons whose names are found
enrolled by the tribal authorithereon; and all persons who have been
been enrolled
thereon;
Cherokee
heretofore made permanent
permanent settlement
settlement in the Cherokee
ties who have heretofore
Nation whose parents, by reason of their Cherokee
Cherokee blood, have been
been
admitted to citizenship
lawfully admitted
citizenship by the tribal authorities,
authorities, and who were
admitted; and they shall investigate
investigate
minors when their
their parents
parents were so admitted;
the right of all other persons whose
whose names are found on any other rolls
rolls
and omit all such as may have been placed thereon
thereon by fraud or without
without
authority of law, enrolling only such as may have lawful right thereto,
authority
and their descendants
descendants born since such rolls were made, with such intermarried
married white persons as may be entitled to citizenship
citizenship under Cherokee
Cherokee
laws.
It shall make a
a roll of Cherokee
compliance with
It
Cherokee freedmen in strict compliance
with
the decree
rendered the third day of February,
decree of the Court of Claims rendered
eighteen hundred
eighteen
hundred and ninety-six.
ninety-six.
of
Said commission
commission is authorized
authorized and
and directed to make correct rolls of
the citizens
citizens by blood of all the other tribes, eliminating from the tribal
rolls such names as may have been placed thereon by fraud or without
without
authority of law, enrolling such only as may have lawful right thereto,
thereto.
FIFTY-FIFTH CONGRESS.
CONGRESS.
FIFTY-FIFTH
SEss. II.
SESSI.
II. CH.. 517.
517.
1898.
1898.
503
503
and their descendants
descendants born
since such
with such
born since
such rolls were
were made,
made, with
such interintermarried
married white persons as
as may
may be
entitled to
to Choctaw
Choctaw and
and Chickasaw
be entitled
Chickasaw
citizenship under
under the
tribes.
citizenship
the treaties
treaties and the
the laws
laws of
of said
said tribes.
—to determine
Said commission shall have authority
to determine
determine the
of -to
authority to
the identity
identity of
determine iden•
iden.
tity of Choctaws
Choctaw
Choctaw Indians claiming
claiming rights in the Choctaw
Choctaw lands
lands under
under article
article tlimiong
rights9iin
claiming rights
Choctaw lands.
fourteen
fourteen of the treaty between
between the United
United States and the Choctaw
Choctaw Choctawlands.
Vol. 7, p. 335.
Nation
Nation concluded
concluded September
September twenty-seventh,
eighteen hundred
hundred and
twenty-seventh, eighteen
and Vol.7,p.335.
thirty, and to that end they may administer
administer oaths, examine
examine witnesses,
witnesses,
and perform all other acts necessary
necessaTy thereto and
and make
make report to
to the
the
Secretary of
Secretary
of the
the Interior.
Interior.
—teenroll
Creek freedThe
made by
J. W.
W. Dunn,
Dunn, under
under authority
authority of
The roll
roll of Creek freedmen
freedmen made
by J.
of men.
-toenroCreekfreedthe United States, prior to March
March fourteenth,
fourteenth, eighteen
eighteen hundred
hundred and men.
sixty-seven,
confirmed, and said commission is directed to
sixty-seven, is hereby confirmed,
to
enroll all persons now living
are found
rolls, and
living whose names
names are
found on
on said
said rolls,
and
all descendants
descendants born since the date of said roll to persons whose
whose names
names
are found thereon,
thereon, with
persons of
of African
descent as
as may
with such
such other persons
African descent
may
have been rightfully
rightfully admitted
admitted by
authorities of
by the lawful
lawful authorities
of the
the Creek
Creek
Nation.
Nation.
freedmen.
It shall
correct roll of all Choctaw freedmen
citi- —Choctaw
It
shall make a
a correct
freedmen entitled
entitled to
to citi-Choctawfreedmen.
zenship
treaties and
laws of
the Choctaw
Choctaw Nation,
Nation, and
all
zenship under
under the treaties
and laws
of the
and all
their descendants
descendants born to them since the date of the
the treaty.
—Chickasaw free
d.
It
freedIt shall make aa correct roll of Chickasaw
Chickasaw freedmen
freedmen entitled to any -Chickasaw
men.
made in
eighteen hundred
hundred and
rights or
or benefits
benefits under
under the treaty
treaty made
in eighteen
and sixtysixty- Vol. 14, p.
p. 769.
six between
between the United States and the
tribes
the Choctaw
Choctaw and
and Chickasaw
Chickasaw tribes
and
descendants born
them since
since the
the date
date of
of said
said treaty
and
and their
their descendants
born to
to them
treaty and
including their
their present
present residences
and improveimproveforty acres of land,
land, including
residences and
ments shall be
to each,
each, to
selected, held,
held, and
used by
them
ments,
be allotted to
to be
be selected,
and used
by them
until their rights under said treaty shall
determined in
shall be determined
in such
such manner
manner
hereafter provided
•
as shall
shall be
be hereafter
provided by
by Congress.
Congress.
Claim of
citizenship
The several tribes may,
may, by
determine the right
persons Claim
by agreement,
agreement, determine
right of
of persons
of citizenship
in two or more tribes,
who for any reason may claim citizenship
citizenship in two or more tribes, and
and to etc. or more tbe
allotment
allotment of
each tribe;
tribe;
of lands and
and distribution
distribution of
of moneys
moneys belonging
belonging to
to each
but if
if no such agreement
agreement be
be made,
made, then such
such claimant
claimant shall
shall be
be entitled
entitled
to such rights in one tribe only, and
will
and may
may elect
elect in
in which
which tribe
tribe he
he will
take such right; but
if he
to make
make such
selection in
but if
he fail
fail or refuse
refuse to
such selection
in due
due
time, he shall be enrolled in the tribe with whom
whom he has resided,
resided, and
and
there
such allotment
allotment and
and distributions,
distributions, and
and not
elsewhere.
there be given
given such
not elsewhere.
Settlement
nieces.
No person shall be enrolled who has not heretofore
heretofore removed
removed to and Settlement
neces.
sary
sarv to enrollment.
in good faith settled in the nation in which he claims citizenship:
Pro- Proviso.
citizenship: ProProitno.
Mississippi
C Ii 00-vided,
That nothing
nothing contained
in this
be so
so construed
vided, however,
however, That
contained in
this Act shall
shall be
construed tows.
Mississippi Cho
l
as to militate against any
privileges which
the Mississippi
Mississippi taw.
any rights
rights or
or privileges
which the
Choctaws may have under the laws
Choctaws
laws of
of or the
the treaties with
with the
the United
United
States.
to Commission
Commission
Said
descriptive of
the persons
Said commission
commission shall
shall make
make such rolls
rolls descriptive
of the
persons inAida
Aids to
making rolls, etc.
thereon, so that they may be thereby identified, and it
it is authorized to in making rolls, etc.
—census.
take aacensus of each of said tribes, or to
other means by
to adopt
adopt any other
by -census.
—access to tribal rolls.
them
deemed necessary
to make
rolls. They
shall -accesstotribalrolls.
them deemed
necessary to
to enable them to
make such
such rolls.
They shall
have access to
several tribes
and the
the United
to all
all rolls
rolls and
and records
records of
of the
the several
tribes, and
United
States court in
have jurisdiction
the
in Indian
Indian Territory
Territory shall
shall have
jurisdiction to
to compel
compel the
officers
governments and
and custodians
custodians of
of such
such rolls
rolls and
and
officers of the
the tribal
tribal governments
records to deliver same to said commission,
commission, and on
refusal or
on their
their refusal
or
—enforced appearance
failure to
to do
do so
so to
to punish
punish them
contempt; as
all -enforcedappearanoe
them as
as for
for contempt;
as also
also to
to require
require all
for enrollment, etc.
citizens of said tribes,
tribes rand persons who should be so enrolled,
enrolled, to appear
appear for eoment, etc.
before
before said commission
for enrollment,
at
such
times
and
places
as
may
commission for
enrollment, at such times and places as may
be fixed by said commission,
commission, and to enforce
others
enforce obedience
obedience of
of all
all others
concerned, so far as the same
concerned,
necessary, to enable
enable said
same may
may be necessary,
said commiscommission to make rolls as herein required,
required, and to punish anyone
anyone who
may
who may
in any manner or by any means obstruct said work.
Force of
when
The rolls so made, when
when approved by the Secretary
Secretary of the Interior, Force
rolls when
of rolls
shall be final, and the
whose names
thereon, with
the persons
persons whose
names are found
found thereon,
with approved.
approve
their descendants
descendants thereafter
thereafter born to them, with such persons as may
intermarry according
according to tribal laws, shall alone constitute
constitute the several
several
tribes which
which they represent.
504
FIFTYFIFTH CONGRESS.
CH. 517.
II, CH.
SESS. II,
CONGRESS. SEss.
FIFTY-FIFTH
1898.
The members
members of
said commission
commission shall, in performing
performing all duties
of said
The
oaths, examine
required of them by law, have authority
authority to administer
administer oaths,
examine
witnesses,
and
send
for
and
papers;
person
who shall
any
and
papers;
and
persons
witnesses, and send for
willfully and
and knowingly
material
make any false affidavit or oath to any material
knowingly make
willfully
fact
or matter
before any
any member
member of
of said
said commission,
commission, or before any
matter before
fact or
other
other
to administer
affidavit or other
administer oaths, to any affidavit
authorized to
officer authorized
other officer
paper
to be
filed or
commission, shall be deemed
deemed
said commission,
before said
taken before
oath taken
or oath
be filed
paper to
for
guilty of
of perjury,
and on
on conviction
conviction thereof
thereof shall be punished
punished as for
perjury, and
guilty
such offense.
Indian of one tribe
tribe, under intercourse
intercourse laws,
oneof trimembersSEC. 22. That where members off one tribe,
I.ndian
settled on Lands of
usages, or
customs, have
have made
within the limits
the
and on the
limits and
homes within
made homes
or customs,
_another
tribe.
usages,
.aothertribe.
embracing
lands of
of another
tribe they
retain and take allotment, embracing
they may retain
—intertribal agree- lands
another tribe
-intertribal
ments as to allotments
same under
agreement as may be made between
between such
such tribes
such agreement
under such
same
mntsastoaotment
to.
respecting
but if
improveagreement be made the improvesuch agreement
no such
if no
settlers; but
such settlers;
respecting such
—compensation
appraised, and the value thereof, including all
ments so made shall be appraised,
for ments
-compensation
improvements
in
case
improvements in case
damages
incurred by
by such
such settler
settler incident
enforced removal, shall
to enforced
incident to
damages incurred
of removal.
removal.
be
paid to
to him
belonging
removal, out of any funds belonging
upon removal,
immediately upon
him immediately
be paid
to
the tribe,
tribe, or
of
such settler, if he so desire, may make private sale of
or such
to the
Proowning the lands: Prohis
improvements to
any citizen
citizen of
of the
the tribe
tribe owning
to any
his improvements
Proviso.
proio.
improvements made on lands in
in
vided, That he shall not be paid for improvements
--imit.
excess of
of that
that to
which he,
he, his
and minor children are entitled to
wife, and
his wife,
to which
excess
under this Act.
to
Termination
leases of agricultural
S
EC. 23.
agricultural or grazing land belonging
belonging to
23. That all leases
SEC.
of
Termination of
leases.
any
tribe made
made after
first day
eighteen hundred and
and
day of January, eighteen
the first
after the
any tribe
ninety-eight, by
the tribe
tribe or
or any
any member
member thereof
thereof shall be absolutely
absolutely
by the
ninety-eight,
void,
and all
all such
such grazing
grazing leases
said date shall terminate
prior to said
made prior
leases made
void, and
on
the first
first day
day of
ninety-nine and all
eighteen hundred and ninety-nine,
of April, eighteen
on the
hunsuch
agricultural leases
January first, nineteen
nineteen hunterminate on January
shall terminate
leases shall
such agricultural
prevent individuals
Leasing
allotments, dred;
but this
this shall not
individuals from leasing their allotnot prevent
dred; but
Leasing allotments,
etc.
et c
occupying
in this Act, nor from occupying
provided in
ments
when made to them as provided
ments when
.
or renting
proportionate shares of the tribal lands until the allottheir proportionate
or
renting their
ments herein
herein provided for are made.
Treasury at
Moneys paid atsbsubSEc.
24. That all moneys paid into the United States Treasury
SEC. 24.
Moneyspaidat
treasury, St. Louis.
to
be placed to
Saint Louis, Missouri, under provisions of this Act shall be
treasury, t.Loi.
the credit
credit of
belong; and the assistant United
to which they belong;
tribe to
of the tribe
the
States
treasurer shall
shall give
give triplicate
triplicate receipts therefor
therefor to the depositor.
States treasurer
Purchase of laud
SEC. 25. That before any allotment shall be made of lands in the
SEC.
Purchase
from Cherokee Nation
Cherokee Nation,
there shall
be segregated
segregated therefrom
therefrom by the commisshall be
Nation, there
byfelaware
by
Delaware Indoian
Indians Cherokee
allotments or otherwise, the one
to
segregated from
from sion heretofore
heretofore mentioned, in separate allotments
to be segregated
allotment.
purchased by the
fifty-seven thousand
hundred and fifty-seven
hundred
thousand six hundred
hundred acres purchased
allotment.
Delaware
Nation under agreement
agreement
Cherokee Nation
of Indians
Indians from the Cherokee
tribe of
Delaware tribe
of
sixty-seven, subject to thejudicial
the judicial
hundred and sixty-seven,
eighth, eighteen hundred
April eighth,
of April
determination of
descendants and the Cherokee
Cherokee
of the
the rights of said descendants
determination
in
Court of Claims may Nation
Nation under said agreement. That the Delaware Indians residing in
CourtofClainsmaydetermine claim of
the
Cherokee
Nation
are
hereby
authorized
and
empowered
bring
bring
to
empowered
and
authorized
hereby
are
Nation
Cherokee
the
°'
DetarerIndia,.
Delaware Indians.
suit
suit in the Court of Claims of the United States, within sixty days
Nation, for the purafter
Cherokee Nation,
against the Cherokee
after the passage of this Act, against
Indians in and to the
pose of determining
determining the rights of said Delaware
Delaware Indians
lands
agreement
said nation under their contract and agreement
funds of said
and funds
lands and
eighteen hundred and
with the Cherokee
Cherokee Nation dated April eighth,
eighth, eighteen
and
said
a like suit against said
sixty-seven;
Cherokee Nation may bring a
sixty-seven; or the Cherokee
jurisdiction is conferred on said court to adjuDelaware Indians; and jurisdiction
determine the same, with right of appeal to either
dicate and
either
and fully determine
—appeal.
dicate
-appeal.
to the Supreme Court of the United States.
party to
the laws of
Terrninati
on ot
SEC. 26. That on and after the passage of this Act the
of
of the
the
Termination
tribal laws.
in
various tribes
tribes or nations of Indians shall not be enforced at law or in
various
tribal laws.
equity
United States in the Indian
Indian Territory.
Territory.
of the United
courts of
by the
the courts
equity by
authorized to locate
of the Interior is authorized
Indian inspector.
SEC. 27.
the Secretary
Secretary of
That the
27. That
SEC.
inspector.
Indian
Indian Territory,
Territory, who may, under
under his authority
authority
one Indian inspector in Indian
direction, perform
perform any duties
duties required
required of the Secretary
Secretary of the
and direction,
Interior by law, relating to affairs therein.
therein.
on the first day of July, eighteen
SEC. 28.
28. That on
eighteen hundred and ninetySEC.
Abolition of tribal
courts.
eight, all tribal
courts.
tribal courts in Indian Territory shall be abolished,
abolished, and no
no
Powers of
of commisPowers
sion.
dion.
FIFTY-FIFTH
CONGRESS.
FIFTY-FIFTH CONGRESS.
Suss. II.
SESS.II.
CH. 517.
517.
CH.
1898.
1898.
505
505
officer
thereafter have any authority
authority whatever
whatever to
to
officer of
of said courts shall thereafter
do
theretofore authorized
authorized by any law in connection
connection
do or
or perform
perform any
any act theretofore
—transfer of
of pending
pending
with
said courts,
courts, or
receive any
for same;
all civil
civil and
crim- -transfer
and crimpay for
same; and
and all
to receive
any pay
or to
with said
eases.
inal
causes then pending in
transferred to the cases.
in any
any such court shall be transferred
inal causes
Territory by filing with the clerk of the court
court
United States court in said Territory
Pro"iso.
the original papers in the suit: Provided,
Provided, That this section
section shall not be Proviso.
When
When to take effect
effect
as to Chickasaws.
Chickasaws. etc.
nations until
until as
i. force as to the Chickasaw, Choctaw,
Choctaw, and Creek tribes or nations
eighteen hundred
and ninety-eight.
ninety-eight.
October, eighteen
hundred and
the first day of October,
Agreement with
with
Agreement
SEC. 29. That the agreement
made by the Commission to the Five Choctaw
agreement made
SEC.
Choctaw and Chicka.
ChickaCivilized
Tribes
with
commissions
representing
the
Choctaw
and
ChickCivilized Tribes with commissions representing the Choctaw and Chick- saw
tribes of
saw tribes
of Indians.
tribes of Indians
Indians on the twenty-third
eighteen hunApril, eighteen
twenty-third day of April,
asaw tribes
ninety-seven, as herein
herein amended,
ratified and
and
amended, is hereby ratified
dred and ninety-seven,
confirmed, and the same shall be of full force
force and
and effect if ratified
ratified
confirmed,
hundred and ninety-eight,
eighteen hundred
December,, eighteen
before the first day of December
number of votes cast
cast by the members
members of.
of.
by aa majority
majority of the whole number
—to
be voted on; procproc-tobevotedon;
of lamation.
the executives
said
at an
an election
purpose; and
executives of
that purpose;
and the
held for
for that
tribes at
election held
said tribes
said
directed to make
make public procla- lamation.
authorized and directed
hereby authorized
said tribes
tribes are hereby
mation
agreement shall be voted
voted on at
general elecat the next
next general
that said agreement
mation that
such executives
tion, or at any special election to be called by executives for the
purpose
such
election held for such
agreement; and at the election
of voting on
on said agreement;
purpose of
purpose
all male
members of
tribes qualified
qualified to vote under
under
each of
of said
said tribes
male members
of each
purpose all
election precinct
precinct most
most
vote at the election
the right
right to vote
his tribal laws
laws shall have the
convenient
whether the
the same be within the bounds
bounds of
of
convenient to his residence,
residence, whether
Provided, That
That no person
person whose
citizenship Provisos.
f
°bie tovote.
whose right
right to citizenship
his tribe
tribe or not: Provided,
Ineligible
to vote.
contested in original or appelin either of said tribes or nations is now contested
shall be permitted to
to
United States court shall
late proceedings
proceedings before any United
B oa r d
vote
Provided further,
tocanvass
the votes cast
cast in
in both said and
further, That
That the
vote at said election: Provided
rdtv
to
ots. yam
a n oco
c oatin
tribes or nations shall be forthwith
forthwith returned
returned duly certified
certified by the presecretaries of said tribes or nations, and
and
cinct officers to the national secretaries
secretaries to
to aa board of commisnational secretaries
said national
shall be presented
presented by said
secretary of the
principal chief and national secretary
sioners consisting of the principal
governor and national
national secretary
secretary of the Chickasaw
Nation, the
the governor
Choctaw Nation,
Nation, and a
amember of the Commission
Commission to the Five Civilized
Civilized Tribes,
Tribes,
Nation,
to be
designated by
by the
said commission; and
and said board
board
chairman of said
be designated
the chairman
to
shall meet without
without delay at Atoka, in the Indian
Indian Territory, and
and cannot
co nflict
if withhagreement.
agreemient.
vass and
and count
said votes
votes and
and make
make proclamation
of the
the result;
result; and
and if
proclamation of
vass
count said
agreement as amended
ratified, the provisions
provisions of this Act
Act
amended be so ratified,
said agreement
where the same do not conflict
conflict
shall then only apply to said tribes where
said
agreement; but the provisions of said
with the provisions of said agreement;
agreement, if
if so ratified,
provisions
ratified, shall not in any manner affect the provisions
p.490.
of
fourteen of
of this
which said
said amended
amended agreement
agreement is
as Ante
499.
Ante p.
is as
Act, which
this Act,
of section
section fourteen
follows:
follows:
This agreement, by and between the Government
Government of the United States,
behalf by the Commission
Commission to the Five
entered into in its behalf
of the first part, entered
Civilized
L. Dawes,
Armstrong, Archibald
Archibald S.
Henry L.
Iawes, Frank C. Armstrong,
Civilized Tribes, Henry
McKennon,
and Alexander
Alexander B. Montgomery,
duly
McKennon, Thomas
Thomas B.
B. Cabaniss, and
Montgomery, duly
appointed
authorized theretinto,
governments of the Chocthereunto, and the governments
and authorized
appointed and
taw
Chickasaw tribes or nations of Indians in the Indian Territory,
taw and Chickasaw
respectively, of the second part, entered into in behalf of such Choctaw
Chickasaw governments,
governments, duly
duly appointed
and authorized
authorized thereunto,
thereunto,
appointed and
and Chickasaw
viz: Green McCurtain, J.
J. S. Standley, N. B. Ainsworth, Ben
Ben Hampton,
Hampton,
Garland, and A. S. Williams,
Williams, in
in
Anderson, Amos Henry, D. C. Garland,
Wesley Anderson,
behalf
Nation, and
and R. M.
M. Harris, I.
I. O.
0. Lewis,
or Nation,
behalf of
of the Choctaw
Choctaw Tribe or
Holmes Colbert, P. S. Mosely, M. V. Cheadle,
Cheadle, R. L. Murray,
Murray, William
Holmes
behalf of
Chickasaw Tribe
Tribe
A. H.
H. Colbert,
Colbert, and
and R.
R. L.
L. Boyd,
Boyd, in
in behalf
of the
the Chickasaw
Perry, A.
or Nation.
Allotment
of lands.
lands.
Allotment of
ALLOTMENT
qF LANDS.
LANDS.
ALLOTMENT QF
Witnessetn, That in consideration
consideration of the mutual undertakings,
undertakings, herein
herein
contained,
contained, it
it is agreed as follows:
follows:
Territory belonging to the ChocIndian Territory
That all
all the lands within the Indian
taw and Chickasaw
Chickasaw Indians shall be allotted to the members
members of said
tribes so as to give to each member
member of these tribes
tribes so far as possible
possible a
a
506
506
FIFTY-FIFTH
CONGRESS.
FIFTY-FIFTH CONGRESS.
SEss.
II.
SESS. II.
Cu. 517.
517.
Cu.
1898.
1898.
fair
equal share
thereof, considering
the character
character and fertility of
considering the
share thereof,
and equal
fair and
the
soil and
and the
the location
and value
value of
of the
the lands.
lands.
location and
the soil
That
all the
set apart
apart for
town sites,
sites, and
and the
strip of
lying
of land
land lying
the strip
for town
Reservations
the lands
lands set
That all
from
Reservations from
allotment.
between the
of Fort
Fort Smith,
Smith, Arkansas,
Arkansas and
and Poteau
Arkansas, and the Arkansas
the city
city of
between
allotment.
rivers,
extending up
said river
to the
the mouth
mouth of Mill Creek; and six hunriver to
up said
rivers, extending
dred and
and forty
acres each,
include the
the buildings
now occupied
occupied by
by the
buildings now
to include
each, to
forty acres
dred
Jones Academy,
Tushkahoma Female
Seminary, Wheelock
Wheelock Orphan
Orphan
Female Seminary,
Academy, Tushkahoma
Jones
Seminary,
Armstrong Orphan
Academy, and
and ten
ten acres
the capicapifor the
acres for
Orphan Academy,
and Armstrong
Seminary, and
tol building
building of
one hundred
hundred and
and sixty
each,
acres each,
sixty acres
Nation; one
the Choctaw
Choctaw Nation;
of the
tol
immediately contiguous
contiguous to
and including
the buildings
buildings known as Bloomincluding the
to and
immediately
field
Academy, Lebanon
Lebanon Orphan
Harley Institute, Rock
Rock Academy,
Academy,
Home, HarleyInstitute,
Orphan Home,
field Academy,
and Collins
Collins Institute,
Institute, and
and five
capitol building
the
in the
building in
for the
the capitol
acres for
five acres
and
Chickasaw Nation,
Nation, and
the use
use of
one acre
acre of
house
church house
each church
for each
of land
land for
of one
and the
Chickasaw
now
outside of
the towns,
and eighty
eighty acres
of land each
J. S.
each for J.
acres of
towns, and
of the
erected outside
now erected
Marrow, H.
H. R.
Schermerhorn, and
the widow
widow of
R. S.
S. Bell,
have
who have
Bell, who
of R.
and the
R. Schermerhorn,
Murrow,
been laboring
missionaries in
the Choctaw
nations
Chickasaw nations
and Chickasaw
Choctaw and
in the
as missionaries
laboring as
been
since the
the year
year eighteen
hundred and
and sixty-six,
with the
same conditions
conditions
the same
sixty-six, with
eighteen hundred
since
and limitations
limitations as
to lands
allotted to
members of the Chocto the
the members
lands allotted
apply to
as apply
and
taw and
Chickasaw nations,
nations, and
and to
lands not occupied
occupied by aa
on lands
be located
located on
to be
and Chickasaw
taw
Choctaw
and a
reasonable amount
amount of
of land,
deterland, to be detera reasonable
Chickasaw, and
or a
a Chickasaw,
Choctaw or
mined
by the
town-site commission,
commission, to
include all
court-houses and jails
all court-houses
to include
the town-site
mined by
and other
public buildings
buildings not
hereinbefore provided
exshall be exprovided for, shall
not hereinbefore
other public
and
empted from
from division.
And all
all coal
and asphalt
lands
in or under the lands
asphalt in
coal and
division. And
_coal
asphalt re- empted
and asphalt
-coal and
served.
allotted and
and reserved
reserved from
allotment shall be
reserved for the
the sole use of
be reserved
from allotment
allotted
served.
the members
members of
of the
the Choctaw
tribes, exclusive
freedof freedexclusive of
Chickasaw tribes,
and Chickasaw
Choctaw and
the
men: Provided,
coal or
asphalt is hereafter opened on
or asphalt
any coal
where any
That where
Provisos.
Provided, That
men:
Promisos.
Payment
allottee
necessary surthe value of the use of the necessary
land a
allotted, sold,7 or
mentoto done
allottee
fPao
for damages
by
for
damages done
bly
or reserved,
miningoperations,
etc. face
face for
prospecting or
land
the damage done to the other land
and the
mining, and
or mining,
for prospecting
miningoperations,etc.
and
improvements, shall
ascertained under the direction of the Secshall be ascertained
and improvements,
retary
the Interior and paid to the allottee or owner of the land by
of the
retary of
Grading and
and apoperating the same, before
before operations
operations begin. That
lessee or party operating
ap- the
the lessee
G(rading
praisal of lands.
in
and Chickaof the Choctaws
Choctaws and
division, the lands of
to such
such equal
equal division,
in order
order to
praisaof lads.
saws shall
shall be
be graded
appraised so
to each
member, so
each member,
to give
give to
as to
so as
and appraised
graded and
saws
further, That the
Chickasaw freedfreed. far
an equal value
Providedfurther,
the land: Provided
value of the
as possible,
possible, an
far as
C(ickasaw
men, roll of: tempoa correct roll of
Commission to
to the
Civilized Tribes shall make a
Five Civilized
the Five
o tem o- Commission
roll''i
men,
rary
allotment.
Vol.
14,
p.769.
Chickasaw freedmen
freedmen entitled
entitled to
to any
any rights
or benefits
benefits under
Chickasaw
rights or
under the treaty
Vol 14.p. 7.69.
between the United States and
made
eighteen hundred
hundred and sixty-six between
in eighteen
made in
the
Choctaw and
Chickasaw tribes
their descendants
descendants born
born to them
and their
tribes and
and Chickasaw
the Choctaw
since the
including their
their
acres of land, including
and forty
forty acres
treaty, and
of said
said treaty,
date of
the date
since
present
residences apid
aid improvements,
each, to be
improvelnents, shall be allotted to each,
present residences
selected, held,
held, and
and used by them until their rights under said treaty
selected,
shall be
be determined,
determined, in
shall hereafter
hereafter he
provided by
be provided
as shall
manller as
such manner
in such
shall
act
Congress.
act of Congress.
Allotment:4 to freediir i
That
That the lands allotted to the Choctaw and Chickasaw
Chickasaw freedmen are
Alltlents
men: ileduct
ety.
agreellelnt to
under this
portion
men li llrtrtir. et.
to be deducted from the .
p
ortion to be allotted under
tins agreement
to
Choctaw and Chickasaw
members of the Choctaw
Chickasaw tribe so as to reduce
reduce the
the memlbers
Chickasaws by the value of the same.
allotment
Choctaws and Chickasaws
same.
the Choctaws
allotment to the
freedmen who may be entiThat
said Choctaw
Choctaw and
and Chickasaw
Chickasaw freedmen
That the
the said
land
tled to allotments
allotments of forty acres
acres each shall be entitled each to hind
tled
equal
value to forty acres of the average
average land of the two nations.
in value
equal in
Indians
lands to be allotted the Choctaw and
and
appraisement of the lands
That in the appraisement
to, be
ie reprerepprin.ias..i to
sented ill appraisal.
Chickasaw
have a
a representative,
representative, to be appointed by
tribes shall each have
Chickasaw tribes
l
iil
sente
their
respective executives,
executives, to cooperate
cooperate with the commission
commission to the
their respective
making appraisements
appraisements under the direcFive Civilized
Civilized Tribes, or any one making
tion
Secretary of the Interior
Interior in grading
grading and appraising
appraising the
tion of the Secretary
preparatory to allotmlent.
lands preparatory
allotment. And the land shall be valued in the
condition, excluding
appraisement as if
if in its original condition,
excluding the improveappraisement
ments
thereon.
ments thereon.
—Secretary
Inappraisement and allotment shall be made under
under the direcThat the appraisement
the In
-Se.,retrn, of the
terior to direct.
tion of the Secretary of the Interior, and shall begin as soon as the
terior t irect.
GovUnited States Govprogress
surveys, now being made by the United
the surveys,
progress of the
ernment,
admit.
will admit.
ernment, will
FIFTY-FIFTH
CONGRESS.
FIFTY-FIFTH CONGRESS.
S
ESS. II.
Cu. 517.
II. CH.
SESS.
507
1898.
That
each member
and Chickasaw
Chickasaw tribes,
Selection of allotincluding Selection
tribes, including
Choctaw and
the Choctaw
of the
member of
That each
Choctaw and
and Chickasaw
Chickasaw freedmen,
freedmen shall,
shall, where
it is
is possible,
possible, have
the ennt
have the
where it
Choctaw
Indians owning
owning
right
to take
his allotment
allotment on
on land,
land, the
the improvements
improvements on which belong -by
— by Indians
take his
right to
to him,
him, and
and such
improvements shall
estimated in the value of 'mprvem"nts.
shall not be estimated
such improvements
to
his allotment.
allotment. In
In the
the case
case of
children allotments
allotments shall be —minors.
-minors.
minor children,
of minor
his
selected for
for them
them by
by their
their father,
guardian, or the adminismother, guardian,
father, mother,
selected
trator having
having charge
estate, preference
preference being
order
in the order
being given in
their estate,
of their
charge of
trator
named, and
and shall
be sold
sold during
Allotments shall
shall be
-prisoners, etc.
be —prisoners,
minority. Allotments
his minority.
during his
not be
shall not
named,
selected
prisoners, convicts,
convicts, and
and incompetents
incompetents by
by some suitable perfor prisoners,
selected for
son
them, and
and due
care taken
taken that
that all
all persons
entitled thereto
persons entitled
due care
to them,
akin to
son akin
have
made to them.
them.
allotments made
have allotments
Allotments not taxAll
the lands
lands allotted
allotted shall
remains in Allotments
title remains
the title
while the
nontaxable while
be nontaxable
shall be
All the
of time.
the
original allottee,
allottee, but
but not
twenty-one years
years from date of -li
exceed twenty-one
to exceed
not to
the original
patent,
and each
shall select
select from
from his
homestead Selection of home.
homea homestead
allotment a
his allotment
allottee shall
each allottee
patent, and
a separate
of one
hundred and
and sixty
acres, for
separate stead
he shall have a
which he
for which
sixty acres,
one hundred
of
patent, and
and which
be inalienable
inalienable for
twenty-one years from date
for twenty-one
shall be
which shall
patent,
of
patent. This
provision shall
shall also
to the
the Choctaw
Choctaw and Chickapply to
also apply
This provision
of patent.
-forminors.
asaw
freedman to
extent of
his allotment.
minors.
Selections for home- —for
allotment. Selections
of his
the extent
to the
asaw freedman
steads for
for minors
minors to
be made
provided herein in case of allotment, Lands alienable.
as provided
made as
to be
steads
alien-- Land alienable.
members shall be alien
and the
the lands allotted to said members
of the
remainder of
the remainder
and
able for
to be
to include
former indebtedno former
include no
and to
paid, and
actually paid,
be actually
price to
a price
for a
able
ness or
or obligation-one-fourth
obligation—one-fourth of
of said
said remainder
remainder in
in one
one year, one-fourth
ness
in three
three years,
years, and
and the
the balance
balance of said alienable
alienable lands in five years
in
allots
from the date of the patent.
mS'void.
That all
contracts looking
looking to
incumbrance in any way of me
snl e
s've
oll' of allot
to the sale or incumbrance
all contracts
That
the
land of
an allottee,
except the
sale hereinbefore
hereinbefore provided, shall be
the sale
allottee, except
of an
the land
-how
null and
void. No
allottee shall
lease his
his allotment,
or any portion —
how leased
leased.
allotment, or
shall lease
No allottee
and void.
null
thereof, for
for a
than five
five years, and then without the priviperiod than
longer period
a longer
thereof,
evidenced by writing, setting
lege of
Every lease which is not evidenced
renewal. Every
of renewal.
lege
out
specifically the
the terms
terms thereof,
or which
which is not
recorded in the clerk's
clerk's
not recorded
thereof, or
out specifically
office
the United
United States
States court
for the
district in which the land is
the district
court for
of the
office of
execution, shall be
located,
within three
the date of its execution,
after the
months after
three months
located, within
whatever
rights
void,
and
the
purchaser
or
lessee
shall
acquire
no
whatever by
acquire
shall
lessee
or
purchaser
the
and
void,
an
entry or
And no such lease or any sale shall
thereunder. And
holding thereunder.
or holding
an entry
reasonable
a reasonable
providing to him a
be
valid as
as against
allottee unless providing
against the allottee
be valid
compensation
for the
the lands
sold or leased.
lands sold
compensation for
That
controversies arising
the members
members of
of said
said tribes
tribes as
Controversies
e;it e as to
Controversies
as rights
between the
arising between
all controversies
That all
allotcertain
toov
meits.
their right
right to
to have
them shall
be settled by rights
shall be
to them
allotted to
lands allotted
certain lands
have certain
to their
the
commission making
allotments.
the allotments.
making the
the commission
That
the United
shall put
put each
each allottee
possession of his Possession.
in possession
allottee in
States shall
United States
That the
allotment and
all persons
persons therefrom
objectionable to the allottee.
therefrom objectionable
remove all
and remove
allotment
etc.
That
United States
States shall
shall survey
survey and
and definitely
mark and locate Surveys.
Surveys, etc.
definitely mark
the United
That the
between Red and
the ninety-eighth
ninety-eighth (98th)
(98th) meridian
of west
west longitude
longitude between
meridian of
the
Canadian rivers
rivers before
before allotment
allotment of the
lands herein provided for shall
the lands
Canadian
begin.
' titles to
ts.
I
provements.
m
at it of time.
stead.
ce
n
Possession.
MEMBERS?
TO LANDS.
LANDS.
TITLES TO
MEMBERS' TITLES
Members'
lands.
Members
to
lands.
titles
That as
after the
of said
said allotments,
to allottees.
allottees.
Patents to
allotments, Patents
completion of
the completion
practicable, after
as practicable,
soon as
as soon
That
the
Choctaw Nation and the governor of the
of the Choctaw
chief of
principal chief
the principal
Chickasaw Nation
shall jointly
under their hands and the seals
execute, under
jointly execute,
Nation shall
Chickasaw
allottees
of the
the respective
deliver to each of the said allottees
and deliver
nations, and
respective nations,
of
patents conveying
conveying to
to him all
all the right, title, and interest of the Chocpatents
taws
and Chickasaws
to the
which shall have been allotted
land which
the land
and to
in and
Chickasaws in
taws and
to him
conformity with
with the
requirements of this
agreement, exceptthis agreement,
the requirements
in conformity
him in
to
8
ing
in or
said land.
land. Said
Said patents
patents shall be -fom
—fonns,,etc
etc.
under said
or under
asphalt in
and asphalt
coal and
all coal
ing all
shall
and
framed
the provisions
provisions of this agreement,
agreement,
with the
accordance with
in accordance
framed in
-ceptance
embrace
land allotted
such patentee
and no
other land, and
of patpat
and the —enate.cePtance
no other
patentee and
to such
allotted to
the land
embrace the
acceptance of
his patents
patents by
by such
allottee shall
operative as an
shall be operative
such allottee
of his
acceptance
conveyance of all the lands of
assent on
on his
the allotment
allotment and conveyance
to the
part to
his part
assent
the Choctaws
Choctaws and
Chickasaws in
accordance with the provisions of this
in accordance
and Chickasaws
the
agreement,
and as
as a
a relinquishment
relinquishment of all his right, title, and interest
agreement, and
in and
to any
and all parts
said
parts thereof, except the land embraced in said
any and
and to
in
508
508
Records
Records
titles.
tiles.
FIFTY-FIFTH
FIFTYFIFTH CONGRESS.
SESS. II. CH.
On. 517.
517.
CONGRESS. SESS.II.
of
of
1898.
patents, except also his interest
interest in the proceeds
proceeds of all lands, coal,
and
coal, and
asphalt herein excepted from allotment.
la nd
land
That the United States
provide by
by law
law for
proper records
of
States shall provide
for proper
records of
land titles in the territory
occupied by
by the
the Choctaw
Chickasaw
territory occupied
Choctaw and
and Chickasaw
tribes.
tribes.
Railroads.
Railroads.
RAILROADS.
RAILROADS.
The rights of way for
railroads through
the Choctaw
Choctaw and
for railroads
through the
and Chickasaw
Chickasaw
nations to be surveyed and set
to conform
conform to
to the
set apart and
and platted
platted to
the
respective acts of Congress
respective
Congress granting the
the same in
in cases where
where said
said rights
rights
of way are defined by such acts of
where the
of Congress,
Congress, but
but in
in cases
cases where
the
acts of Congress do not define
define the same then
then Congress
Congress is
is memorialized
memorialized
to definitely fix the width of said rights
of way
for station
grounds and
rights of
way for
station grounds
and
between stations,
between
stations, so that railroads
railroads now
through said
said nations
nations
now constructed
constructed through
shall have, as near as
uniform rights
rights of
of way;
way; and
Congress is
as possible, uniform
and Congress
is
also requested
requested to fix uniform rates of fare
fare and freight
freight for
for all
all railroads
railroads
through the
Chickasaw nations;
now
the Choctaw
Choctaw and
and Chickasaw
nations; branch
branch railroods
railroads now
constructed and not built according
constructed
according to
Congress to
pay the
the
to acts
acts of
of Congress
to pay
same rates for rights of way
grounds as
as main
lines.
way and station
station grounds
main lines.
Town
sites.
Town sites.
TOWN SITES.
SITES.
ItIt is further agreed
agreed that there
there shall
shall be
commission for
be appointed
appointed a
a commission
for
each of the two nations. Each commission shall
shall consist
consist of
of one
one memmemexecutive of the tribe
ber, to be appointed by the executive
which said comcomtribe for which
mission is to act, who shall not be interested
interested in town property
property other
other
than his home, and one to be appointed by the President
President of
of the
the United
United
States. Each of said commissions shall lay out town
sites, to
town sites,
to be
be
restricted
restricted as far as possible to their present limits, where
are
where towns
towns are
now located
located in the nation for which said commission
commission is
appointed.
is appointed.
Plats.
Plats.
Said commission shall have prepared
prepared correct
and proper
of each
each
correct and
proper plats
plats of
town, and file one in
in the clerk's office
office of
of the United
United States
States district
district
court
court for the district in
which the town
town is
and one
one with
with the
in which
is located,
located, and
the
principal
principal chief
chief or governor of the nation in which the town is located,
located,
and one with the Secretary of the Interior, be approved
approved by
bethre
by him
him before
Appraisal
of in'
ill the same shall take effect.
A ppraisal of
'When said
said towns
towns are
are so
laid out,
out, each
effect. When
so laid
each lot
lot
proved lots.
lots,
prosed
on which permanent,
permanent, substantial, and valuable
valuable improvements,
other
improvements, other
than' fences, tillage, and temporary houses, have
have been
shall be
be
been made,
made, shall
valued
valued by the commission provided for the nation in which the
town
the town
is located at the price aafee-simple
fee-simple title to the same would
would bring in the
market
market at the time the valuation is made, but not
include in
in such
not to
to include
such
Pu rc lm e by
biy o,,ler
Purchase
owner value
value the improvements
improvements thereon.
thereon. The owner
owner of the improvements
improvements on
on
of improveuie
of improvements.
each
lot shall
have the
the right
right to
to buy
one residence
and one
one business
business lot
nts".
each lot
shall have
buy one
residence and
lot
at fifty per centum
centumn of the appraised
appraised value of such improved
improved property,
property,
and the remainder
remainder of such improved
improved property
property at
at sixty-two
sixty-two and
and oneonehalf per centum of the said market value within sixty days
(lays from
from date
of notice
notice served
served on him that such lot is for sale, and if
purchases
if he purchases
the same he shall, within ten days
purchase, pay into the
the
(lays from his purchase,
Treasury of the United States one-fourth
one-fourth of time
purchase price,
the purchase
price, and.
and
the balance
balance in three equal annual installments,
installments, and when
when the
the entire
sum is paid shall be entitled to a
a patent for the same.
same. In case the two
meimbers
members of the commission fail to agree as to the market value of
any
of any
lot, or the limit or extent of said town, either of said commissioners
commissioners
disagreement to the judge
may report
report any such disagreement
in which
which
judge of the district
district in
such town is located,
shall appoint
appoint a
act with
with
located, who shall
a third
third member
member to
to act
said
said commission, who is not interested in
who shall
shall act
act with
in town
town lots,
lots, who
with
value.
them to determine
determine said
said value.
-failure to pi ircaae.
If
—failure
If such
such owner of the improvements
improvements on any lot fails within sixty
sixty days
days
sale
of. to purchase.
sale o1.
to purchase
purchase and make the first payment
payment on same, such lot, with the
improvements thereon, shall be sold at public
highest
improvements
public auction to the highest
bidder, under the direction
aforesaid commission,
commission, and
direction of the aforesaid
and the purchaser at such sale shall
shall pay to the owner of the improvements
improvements the
price for which said lot shall be sold, less sixty-two and one-half
one-half per
per
cent of said appraised value of the lot, and shall pay the sixty-two
sixty-two and
and
one-half per cent of said appraised
appraised value into United
States Treasury,
United States
Treasury,
Conmmission
Commissiona to lay
out•
out.
FIFTY-FIFTH CONGRESS.
CONGRESS.
FIFTY-FIFTH
SEss.I.II. CH.
517.
SESS.
CH. 517.
509
509
1898.
1898.
under
established by
the Secretary
of the
the Interior,
Interior, in
in
under regulations
regulations to be
be established
by the
Secretary of
four
as hereinbefore
hereinbefore provided.
shall
four installments,
installments, as
provided. The
The commission
commission shall
have
reject any
bid on
such lot
lot which
consider below
below
have the right to
to reject
any bid
on such
which they
they consider
its
its value.
All lots
lots not
so appraised
appraised shall
to time
at public
sale of
All
not so
shall be
be sold
sold from
from time
time to
time at
public IotS
sale
of unappraised
unappraised
auction
proper advertisement)
by the
the commission
nation o
auction (after
(after proper
advertisement) by
commission for
for the
the nation
in
which the
is located,
located, as
seem for
interest of
of the
in which
the town
town is
as may
may seem
for the
the best
best interest
the
.
nations
town, the purchase
price
nations and the proper
proper development
development of
of each
each town,
purchase price
to
be paid
hereinbefore provided
to be
paid in
in four
four installments
installments as
as hereinbefore
provided for
for improved
improved
lots.
commission shall
right to
reject any
for such
lots. The
The commission
shall have
have the
the right
to reject
any bid
bid for
such
lots
value.
lots which
which they
they consider
consider below
below its
its value.
All
payments herein
herein provided
for shall
shall be
be made
made under
the direcAll the
the payments
provided for
under the
direc- Payments.
Payments
tion
of the
of the
the Interior
tion of
the Secretary
Secretary of
Interior into
into the
the United
United States
States Treasury,
Treasury, a
a
failure of
of sixty
sixty days
make any
any one
one payment
payment to
be a
failure
days to
to make
to be
a forfeiture
forfeiture of
of all
all
payments
and all
rights under
contract: Provided,
Provided, That
That the
the C
Proviso.
all rights
under the
the contract:
payments made
made and
iovis
purchaser
of any
any lot
lot shall
shall have
have the
the option
option of
the entire
entire price
of -beforere /Ie.
price of
due
purchaser of
of paying
paying the
the
before
same
due.
lot
before
the
same
is
due.
the
No
assessed by
government against
town Taxes.
against any
any town
tax shall
shall be
be assessed
by any
any town
town government
No tax
lot
no tax
lot sold,
lot unsold
unsold by
by the
the commission
commission,' and
and no
tax levied
levied against
against a
a lot
sold, as
as
herein provided,
shall constitute
constitute aa lien
on same
price
herein
provided, shall
lien on
same till
till the
the purchase
purchase price
thereof has
fully paid
to the
paid to
the nation.
nation.
thereof
has been
been fully
The money
money paid
paid into
United States
Treasury for
for the
c Disposition cof
o
ff pro.
States Treasury
the sale
sale of
of all
all ceeds
The
into the
the United
of sale of town
town lots
be for
the benefit
the members
members of
the Choctaw
Choctaw and
and lots.
lot..
wn
town
lots shall
shall be
for the
benefit of
of the
of the
Chickasaw tribes
(freedmen excepted),
excepted), and
Chickasaw
tribes (freedmen
and at the
the end of one year
year from
from
the ratification
ratification of
of this
agreement, and
each year
year therethe
this agreement,
and at
at the
the end
end of
of each
thereafter, the funds
accumulated shall be divided and paid
the Chocafter,
funds so accumulated
paid to
to the
Choctaws
taws and Chickasaws
Chickasaws (freedmen
(freedmen excepted),
excepted), each
each member
member of the two
two
tribes
tribes to receive
receive an
an equal
equal portion thereof.
thereof.
That
which interinter- Confictinglaws,eto
Conflictinglaws,ete.
shall be passed by any town which
ordinance shall
no law or
or ordinance
That no
feres with the
the enforcement
enforcement of or
or is
is in
in conflict with the
the laws
laws of the
the
Territory, and
persons in
in such
such towns
towns
United States
States in
in force
force in
in said
said Territory,
and all
all persons
agrees to mainIntoxicants.
shall be
be subject to
to said laws
laws, and
and the United
United States
States agrees
main- Intoxicants.
tamn strict laws in
territory of the
Chickasaw tribes
tain
in the
the territory
the Choctaw
Choctaw and
and Chickasaw
tribes
against the
introduction, sale,
against
the introduction,
sale, barter,
barter, or
or giving
giving away
away of liquors
liquors and
and
intoxicants of
intoxicants
of any
any kind
kind or quality.
That said
said commission
commission shall
to locate,
locate, within
eteries, location
location
within a
a suitable
suitable Cemeteries,
shall be
be authorized
authorized to
That
distance from
a f'' c'
to exceed
exceed five acres
acres to
to be used
used as a
from each
each town
town site, not
not to
distance
cemetery, and when
when any town
cemetery,
town has paid
paid into the United
United States Treasury,
Treasury,
tell dollars per
to be part of
of the fund
fund arising
arising from
from the sale
sale of town lots, tel
per
for the
the same
same as
as
acre therefor,
therefor, such
such town
town shall
shall be entitled
entitled to
to a
a patent
patent for
dispose of
of same
herein provided
provided for
for titles to allottees,
allottees, and shall
shall dispose
same at
at reareasonable prices
burial purposes,
proceeds derived
derived
sonable
prices in suitable
suitable lots for burial
purposes, the proceeds
from such
such sales
to be
to the
the proper
from
sales to
be applied
applied by
by the
the town
town government
government to
proper
improvement and
cemetery.
improvement
and care of
of said cemetery.
Exlpenesof
That no charge or claim shall be made against the Choctaw or Chick- .Expenses
of survey.
survey.
asaw
expenses of surveying
surveying and nig
etc.
etc.
ng,'
asaw tribes by the
the United States
States for the expenses
platting the
platting
the lands and
and town
town sites,
sites, or
or for grading,
grading, appraising,
appraising, and
and allotallotting the lands, or for appraising and
disposing of the
and disposing
the town
town lots
lots as herein
herein
provided.
provided.
That
land adjacent
lands
court-houses, Disposition of lands
Fort Smith
Smith and
and lands for court-houses,
That the
the land
adjacent to Fort
jails,
and other
emcted
xec
n
ered from allotshall be
be dis- m
excepted from
from allotment
allotment shall
other public
public purposes,
purposes, excepted
jails, and
posea
purposes as provided
provided for
posea of in
in the
the same
same manner and for the same
same purposes
for
town lots herein,
herein, but not till
Chickasaw councils
councils shall
till the Choctaw
Choctaw and
and Chickasaw
shall
direct
disposition to
to be
be made
made thereof,
thereof, and
said land
laud adjacent
direct such
such disposition
and said
adjacent
thereto
jurisdiction of
thereto shall
shall be placed under
under the jurisdiction
of the
the city
city of
of Fort
Fort Smith,
Arkansas,
Arkansas, for police purposes.
There
exempted from
appraisement and sale in l Exemptionofchurch
Exemption of church
shall be
be set apart and
and exempted
from appraisement
There shall
ds.
the towns,
towns, lots
and parsonages
parsonages are
built and
the
lots upon
upon which
which churches
churches and
are now
now built
and aannd s
occupied, not
hundred feet
feet deep
deep for
for
occupied,
not to
to exceed
exceed fifty
fifty feet
feet front
front and
and one
one hundred
each church
or parsonage:
That such
lots shall
each
church or
parsonage: Provided,
Provided, That
such lots
shall only
only be
be used
used Pranisos.
proviso.
for churches and parsonages,
parsonages, and when they ceased
ceased to be used shall —li
mita
ti '
-lmiations.
revert to
members of
be disposed
as other
other town
town
revert
to the members
of the tribes to
to be
disposed of
of as
lots:
churches for
-sale by churches.
ehurchea
may be
be sold by the churches
for —sale
lots: Provided
Providedfurther,
further, That
That these lots may
purchase money
money therefor
therefor is invested in
in
which they are set apart if
if the purchase
ofCeetme
510
FIFTY-FIFTH CONGRESS. SESS.
SEss. II.
FIFTY-FIFTH
Cm 517. 1898.
CH.
other
town, to be used for the same purpose and
in the same town,
or lots in
lot or
other lot
with the
the same
same conditions
conditions and limitations.
with
It is
agreed that
that all
coal and
and asphalt
asphalt within
within the
the limits
of the
the
limits of
the coal
all the
Coal and asphalt,
is agreed
It
property in.
common propChoctaw
Chickasaw nations shall remain and be the common
Choctaw and Chickasaw
property in.
erty
of the
of the
the Choctaw
Choctaw and
and Chickasaw
(freedmen
Chickasaw tribes (freedmen
members of
the members
erty of
excepted),
so that
that each
each and every
undimember shall have an equal and undievery member
excepted), so
vided
the whole; and
provided for in this agreepatent provided
and no patent
in the
interest in
vided interest
—revenues for educaconvey any title thereto. The revenues
revenues from coal and
and
educa- ment shall convey
-revenues
tion.
tion.
asphalt,
necessary, shall be used for the educaasphalt, or so much as shall be necessary,
tion of
members of said tribes.
of the
the members
Indian blood of
children of Indian
of the
the children
tion
—trustees
super. Such
coal and asphalt
asphalt mines as are now in operation,
operation, and all others
Such coal
-trustees to supervise
mines.
vise mines.
which may hereafter be leased
leased and operated,
operated, shall be under the supervision
of two
appointed by the Presibe appointed
shall be
trustees, who shall
two trustees,
control of
and control
vision and
dent
of the
United States,
recommendation of the Principal
States, one on the recommendation
the United
dent of
Chief
the Choctaw
Choctaw Nation,
Nation, who shall
whose
blood, whose
by blood,
a Choctaw by
shall be a
of the
Chief of
term
shall be
for four
recommendation of the
on the
the recommendation
one on
and one
four years, and
be for
term shall
Governor
Chickasaw Nation,
who shall be a
aChickasaw
by blood,
blood,
Chickasaw by
Nation, who
the Chickasaw
of the
Governor of
whose term
term shall
shall be
be for
for two
two years;
years; after
after which
which the
the term
term of
appointees
of appointees
whose
shall
Said trustees,
of them,
them, may, at any time,
or either of
trustees, or
years. Said
four years.
be four
shall be
be
the President
cause
United States for good cause
of the United
President of
by the
be removed
removed by
shown. They
They shall
each give
for the
their
performance of their
the faithful performance
give bond
bond for
shall each
shown.
Secretary of the
rules as may be prescribed by the Secretary
duties, under such rules
—report, etc.
Interior. Their salaries
fixed and paid by their respective
respective
shall be fixed
salaries shall
Interior.
-report, etc.
make full report of all his acts to the Secrenations, each of whom shall make
quarterly. All such acts shall be subject to the
tary of the Interior quarterly.
approval of said Secretary.
Royalties
able
All coal and asphalt mines in the two nations, whether
Royalties pay
paable
whether now develinto the
Treasury, etc.
etc.
into
the Treasury.
oped, or to be hereafter
hereafter developed,
developed, shall be operated, and the royalties
therefrom paid
Treasury of the United States, and shall be
paid into the Treasury
therefrom
drawn
under such
such rules
regulations as shall be prescribed
prescribed
rules and regulations
therefrom under
drawn therefrom
by the Secretary
Secretary of the Interior.
Confirmation
Confirmation of forAll contracts made by the National
National Agents of the Choctaw
Choctaw and
etercontracts
re
er contracts foroperor
Chickasaw
Chickasaw Nations for operating coal and asphalt, with any person or
sting.
ating.
corporation,
eighteen hundred and
corporation, which were, on April twenty-third, eighteen
ninety-seven, being operated
operated in good faith are hereby ratified and conninety-seven,
when
firmed, and the lessee shall have the right to renew the same when
they expire, subject to all the provisions of this Act.
Avoidance
agree.
Avoidance of
of a-reeAll agreements
agreements heretofore
heretofore made by any person or corporation with any
any
ments
in •
with Indians inl
mentg with
member or
or members
members of
the Choctaw
Chickasaw nations,
nations, the
object
the object
or Chickasaw
Choctaw or
of the
dividnally
for right to member
dividailly tor
operate.
members' permission to operate
member or members'
of which was to obtain such
such member
operate.
.Pro
viso.
'roriIo.ll
coal or asphalt,
herelbydeclaredvoid:
asphalt, are hereby
declared void :Provided,
Provided, That nothing herein
herein
Leaseholds sano•
leasehold
contained shall
shall impair
any holder
holder or owner of a
aleasehold
tioneol
by Congress tin
of any
the rights
rights of
impair the
,lln-contained
tionenllIbyCngre'
impaired.
impairea.
interest
mineral which have been
interest in any oil, coal rights,
rights, asphalt,
asphalt, or mineral
been
assented
but all such interests shall continue
act of
of Congress,
Congress, but
by act
assented to by
unimpaired
hereby and shall be assured
assured by new
new leases
leases from
from such trusunimpaired hereby
described therein,
tees
asphalt claims described
therein, by application
application to the
tees of
of coal
coal or asphalt
trustees
within six monlths
months after the ratification
ratification of this agreement, subsubtrustees within
advance royalties herein
ject, however,
however, to payment
payment of advance
herein provided
provided for.
asphaltum,
Loases, tt xtt,-it,f.
mt
. t ot
All leases under this agreement
agreement shall include
include the coal or asphaltum,
Le.las.
oto.
mineral, as the case may be, in or under
or other mineral,
0t1.
under nine hundred and
and
sixty
possible, and shall
shall
sixty acres, which shall be in aa square as nearly as possible,
Royalry
coal.
l:.y~irv on
',n,.l.
ton
be for thirty years. The royalty on coal shall be fifteen cents per ton
of
payable on the 25th
of two thousand
thousand pounds on all coal mined, payable
25th day of
—asphalt.
-aaphilt.
the month next succeeding
succeeding that in which it
it is mined. Royalty on
on
/ r
Proritio.' ...
Prorided,
asphalt shall be sixty cents per ton, payable same as coal: Provided,
Reduet ion, .-fr., rev •
That the
Secretary of the Interior may reduce or advance royalties
royalties on
on
the Secretary
ro That
antio.Eetc.
it for the best interests of the Choccoal and asphalt
asphalt when he deems
deems it
into
except into
royalties shall be paid except
Chickasaws to do so. No royalties
taws and Chickasaws
Treasury as herein provided.
provided.
the United States Treasury
·
Advamo
annual
one
lessees shall pay on each coal or asphalt
All lessees
asphalt claim at the rate of one
Advaln: .ln.nuii
royalty
on
claim.
roy
on
cty claim.
hundred dollars
dollars per
per annum, in advance, for the first and second years;
years;
fourth
two hundred dollars per annum, in advance, for the third and fourth
years;
succeeding year thereafter.
years; and five hundred dollars for each succeeding
or
All such payments
payments shall be treated
treated as advanced royalty on the mine or
FIFTYFIFTH CONGRESS.
CONGRESS. S
Ess. II. CH.. 517.
FIFTY-FIFTH
SESS.II.
1898.
1898.
511
511
whieh they are made, and
when
ccilaim
and shall
shall be a
a credit
credit as royalty
royalty when
l aim on which
developed and
its production
production is
is in
in
each said mine is developed
and operated,
operated, and
and its
excess of such guaranteed
guaranteed annual
annual advance payments, and all persons
persons
having coal leases
leases must pay said annual
advanced payments
on each
each
annual advanced
payments on
claim whether
whether developed
developed or undeveloped:
undeveloped: Provided,
Provided, however, That
That —failure
Proviso.to pay.
should any lessee neglect or refuse
such advanced
refuse to pay such
advanced annual
annual royroy- -failure to
pay
alty for the period of sixty days after the same becomes
becomes due
due and paypayable on any lease, the lease on which default
default is made shall become
become null
null
and void, and the royalties
royalties paid in advance
become
advance thereon shall then become
and be the money and property
property of the Choctaw
Chickasaw nations.
Ohoctaw and Chickasaw
Surface, what
what inin In surface, the use of which is reserved
In
reserved to present coal
coal operators,
operators, surface,
eluded.
shall be included
included such lots in towns
towns as are occupied by lessees'
lessees' houseshouses— cl d e d either occupied by said lessees' employees,
employees, or as offices
warehouses:
offices or warehouses:
Provisos.
Provided,
sites designated
designated and laid
laid out
out Provisos
Provided, however, That in those
those town sites
f
Reservation
Reservation of
of land
under the provision of this agreement
coal leases
leases are
now being
agreement where coal
are now
being for coal miners'
miners' homes
homes
on town sites.
operated and coal is being mined, there shall be reserved
reserved from
from appraiseappraise- on
town sites.
ment and sale all lots occupied by houses
houses of miners actually
actually engaged
engaged
engaged, and
and in
addition thereto
thereto
in mining, and only while they
they are
are so
so engaged,
in addition
aa sufficient
sufficient amount of land, to be determined
determined by the town-site
town-site board
board of
of
appraisers, to furnish homes
men actually
engaged in
working
homes for the
the men
actually engaged
in working
—buildings, etc.
operating said mines, and a
a sufficient
amount for all
for the lessees operating
sufficient amount
all -bildings,etc.
of on
on cessation
cessation
buildings and machinery
provided further,
-sale of
machinery for mining
mining purposes: And provided
further, —sale
of mining.
That when the lessees
lessees shall cease to operate
operate said mines, then and
and in of mining.
that event the lots of land so reserved
reserved shall
shall be
be disposed
disposed of by the coal
trustees for the benefit of the
Choctaw and
Chickasaw tribes.
tribes.
trustees
the Choctaw
and Chickasaw
School taxes,
taxes, etc.
etc.
That whenever
whenever the members of the Choctaw
Choctaw and
and Chickasaw
Chickasaw tribes
tribes School
required to
the support
schools, then
then the
the fund
shall be required
to pay taxes
taxes for the
support of schools,
fund
arising from such royalties
royalties shall be disposed of for the equal
equal benefit of
as the
the tribes
may
their members (freedmen
(freedmen excepted) in
in such
such manner
manner as
tribes may
direct.
Jurisdiction of
of
It is further agreed
United
It
agreed that the United States courts now existing, or United
Jurisdicetion
United States courts.
Indian Territory
Territory shall have
that may hereafter be created,
created, in the
the Indian
exclusive jurisdiction
jurisdiction of all controversies
controversies growing
growing out of the titles,
ownership, occupation,
occupation, possession,
possession, or use of real
and
real estate, coal, and
occupied by
tribes;
asphalt in the
the territory
territory occupied
by the
the Choctaw
Choctaw and
and Chickasaw
Chickasaw tribes;
and of all persons charged with homicide, embezzlement,
and
embezzlement, bribery, and
embracery, breaches, or disturbances
disturbances of
carrying
embracery,
of the peace,
peace, and carrying
weapons, hereafter
hereafter committed
committed in the territory of said tribes, without
without
reference to race or citizenship of the person
reference
person or persons
charged with
with
persons charged
officer of
the Choctaw
Choctaw or
or Chickasaw
Chickasaw
such crime; and any citizen
citizen or
or officer
of the
charged with
and, if
if convicted,
convicted, punpunnations charged
with such crime
crime shall
shall be
be tried,
tried, and,
of the
the United States.
States.
ished as
as though
though he were
were a
a citizen
citizen or officer
officer of
United
"Embezzlement."
And sections sixteen hundred
hundred and "Embezzlement."
hundred and thirty-six
thirty-six to sixteen
sixteen hundred
forty-four, inclusive, entitled "Embezzlement,"
"Embezzlement," and sections
sections seventeen
seventeen
hundred and eleven
eleven to seventeen
seventeen hundred
hundred and eighteen,
eighteen, inclusive,
"Bribery and
and em"Bribery and Embracery,"
entitled "Bribery
Embracery," of Mansfield's
Mansfield's Digest of the laws
laws "Bribery
embracery."
extended over and put in force in the Choctaw bracery"
of Arkansas, are hereby extended
Officer," defined.
and Chickasaw
Chickasaw nations; and the word "officer,"
appears "Officer,"
"officer," where
where the same appears
defined.
in said laws, shall include all officers
officers of the Choctaw
Choctaw and Chickasaw
Vol. 25,
25, p.
p. 786.
786.
governments; and the fifteenth
fifteenth section
entitled Vo.
governments;
section of
of the
the Act of
of Congress, entitled
"An Act to establish
establish United States courts in
in the
the Indian
Indian Territory, and
for other purposes,"
purposes," approved
March first,
eighteen hundred
approved March
first, eighteen
hundred and
and
eighty-Dine, limiting jurors to citizens
citizens of
United States, shall
shall be
be
eighty-nine,
of the United
held not to apply to United States courts
courts in the Indian
Territory held
Indian Territory
held
Indians competent
competent
within
nations; and all memwithin the limits of the Choctaw and
and Chickasaw
Chickasaw nations;
mem- Inidns
as jurors.
bers of the Choctaw
Choctaw and Chickasaw
Chickasaw tribes, otherwise qualified,
qualified, shall
shall be a j r o r s'
competent
Provided,That whenever
for
competent jurors in said courts:
courts: Provided,
whenever a
a member of Pn
Indians inicted
indicted for
murder, change
change of
the Choctaw
Choctaw and Chickasaw
Chickasaw nations is indicted
indicted for homicide, he may, murder,
of
venue.
within thirty days after such indictment
indictment and his arrest
arrest thereon, and v enu ebefore
before the same is reached
court in
reached for trial, file with the clerk of
of the court
in
which he
be is indicted,
indicted, his affidavit
affidavit that he can not get a
afair trial in said
said
court; and it
thereupon shall be the
the duty of
it thereupon
of the judge
judge of said court to
to
order a
a change
change of venue in such case
case to the United States district
district
Arkansas, or
or
court for the western district of Arkansas,
Arkansas, at
at Fort Smith, Arkansas,
512
FIFTY-FIFTH
FIFTY-FIFTH CONGRESS.
SEss. II.
II.
SEss.
Cu. 517.
517.
Ci.
1898.
to
the United
States district
district court
court for
the eastern
district of
of Texas,
Texas,
for the
eastern district
to the
United States
at Paris,
always selecting
in his
his judgment
judgment is
is
the court
court that
that in
Texas, always
selecting the
at
Paris, Texas,
nearest
most convenient
convenient to
to the
the place
place where
where the
the crime
crime charged
in the
the
charged in
or most
nearest or
indictment is
supposed to
to have
have been
indictment
is supposed
been committed,
committed, which
which courts
courts shall
shall have
have
Equity powers •
Equnis
teports jurisdiction
risdiction to try the case; and in all said civil suits said courts shall
United
courth.
r'nited States
States
c
ourts.
have
powers; and
and whenever
whenever it
it shall
appear to
to said
said court,
court, at
at
shall appear
equity powers;
have full
full equity
Tribe to be
be made
Tribe
made any stage in the hearing
hearing of any case, that the tribe is in any way inparty
party where
wvhero interinterested, etc.
etc.
terested in the subject-matter
subject-matter in controversy,
power to
it shall
shall have power
controversy, it
summon
said tribe
tribe and
and make
make the
the same
same a
a party
suit and proparty to
to the suit
summon in
in said
ceed
therein in
if such
such tribe
party
as if
tribe were
were an
an original
original party
ceed therein
in all
all respects
respects as
thereto;
in no
no case
case shall
shall suit
suit be
against the
the tribal
be instituted
instituted against
but in
thereto; but
government without
without its
consent.
government
its consent.
Acts,
nces,
It
further agreed
act, ordinance, or
resolution of
counor resolution
of the counagreed that
that no
no act,
It is further
Acts, ordina
ordinances,
ete.,
approved by
etc., to
to be
be approved
by
the President.
President.
either the Choctaw
Chickasaw tribes, in any manner affecting
affecting
Choctaw or Chickasaw
cil of
of either
the land
land of
or of
the
allotment, or the
of the
the individuals,
individuals, after allotment,
of the
the tribe,
tribe, or
the
moneys
or other
other property
property of
of the
citizens thereof
(except approthereof (except
the tribe
tribe or
or citizens
moneys or
priations
necessary expenses
government of
of
the government
expenses of the
the regular
regular and
and necessary
priations for
for the
rights of
of any
any persons
persons to employ any kind
tribes), or
or the
the rights
the respective
respective tribes),
of labor,
labor, or
or the
the rights
rights of
of any
any persons
taken or may
persons who have
have taken
may take the
the
of
oath of
allegiance to
the United
shall be
be of
any validity
of any
validity until
until
oath
of allegiance
to the
United States,
States, shall
approved by the
When such
States. When
such acts,
the President
President of
of the United States.
approved
• ordinances,
ordinances, or
passed by
the council
council of
of either
tribes
either of
of said
said tribes
by the
or resolutions
resolutions passed
shall be
be approved
approved by
by the
thereof, then
be the
the governor
governor thereof,
then it
it shall
shall be
the duty
duty of
of
shall
forward them
them to the President
President
the national
national secretary
secretary of
of said tribe to forward
of
the United
certified and sealed,
within thirty
thirty
United States,
States, duly certified
sealed, who shall, within
of the
-publication.
disapprove the same.
same Said acts,
—publication.
-days after their reception, approve or disapprove
acts,
ordinances,
approved, shall
ordinances, or resolutions, when
when so
so approved,
shall be published
published in
in at
at
newspapers having
fide circulation
circulation in
the tribe
to be
be
least two newspapers
having a
a bona
bona fide
in the
tribe to
affected
and when
disapproved shall
shall be
be returned
returned to
to the
affected thereby,
thereby, and
when disapproved
the tribe
tribe
enacting
enacting the
the same.
Duration of
ItIt is further agreed, in view of the modification
Duration
of agreeagree.
modification of legislative authority
ment.
mentand
and judicial jurisdiction
jurisdiction herein
herein provided,
provided, and the
of the
the necessity
necessity of
the concontinuance of the
governments so
modified, in
order to
tinuance
the tribal governments
so modified,
in order
to carry
carry out
out
the requirements
requirements of
agreement, that the same shall continue
of this
this agreement,
continue for
for
the period
eighteen hunperiod of eight years
years from
from the fourth day
day of
of March,
March, eighteen
-intent.
-intent.
dred and ninety-eight.
ninety-eight. This stipulation is made in the belief that the
tribal
satisfactory that there
tribal governments
governments so
so modified
modified will prove so
so satisfactory
there will
will
be no need or desire for further
till the
the lands
occupied by
by
further change
change till
lands now
now occupied
the Five Civilized Tribes shall,
shall, in the opinion of Congress,
Congress, be prepared
prepared
for
shall not
not be
for admission
admission as
as aaState to
to the Union.
Union. But
But this provision shall
be
construed to be in any respect an abdication
abdication by Congress
Congress of power at
at
any time to make needful rules and regulations
regulations respecting
respecting said tribes.
l
Per capita payments
per capita
capita playments
payments hereafter
the members
members of
of the
tP.rllpitatpae
nlntS
That all per
hereafter made
made to
to the
the
to
I9 fJl?
1g! to
to Indians
I ndIialls
to he
luaile
individuaiiIy.
Choctaw or Chickasaw
individually.
Chickasaw nations
nations shall be paid directly
directly to
to each individual
individual
member by a
a bonded officer of the United States, under the direction
whicl officer shall b( required to
of the Secretary of the Interior, which
to give
account for such disbursements
disbursements to said Secretary.
Secretary.
strict account
That the following sum
suit be, and is hereby,
appropriated, out of any
hereby, appropriated,
any
money in the Treasury not otherwise appropriated, for fulfilling treaty
stipulations
Indians, namely:
namely:
stipulations with the
the Chickasaw
Chickasaw Nation
Nation of
of Indians,
l
l l
ri interest
\1 of
ti.
tor
For arrears of interest, at five per centsur
per
arrears
APProrri.t
centum p
er annum,
annum ,from
from DecemD ecem uner treaty.
tI..tyv.
ber thirty-first, eighteen
eighteen hundred
der
hundred and forty, to June thirtieth, eighteen
eighteen
hundred and eighty-nine,
thousand
eighty-nine, on one hundred and eighty-four thousand
one hundred
hundred and forty-three
forty-three dollars and nine cents of the trust fund of
of
Chickasaw Nation erroneously
erroneously dropped from
fiom the books of the
the Chickasaw
United
thirty first, eighteen hundred and
United States prior to December
December thirty-first,
and
forty, and restored December
December twenty-seventh,
twenty-seventh, eighteen hundred and
and
eighty-seven,
Secretary of the Interior, under.the
eighty-seven, by the award of the Secretary
under.the
Vo.i,
974.
folurth article of the treaty
VIA. 10, p. t
e-73.
fourth
treaty of June twenty-second,
twenty-second, eighteen
eighteen hundred
hundred
centur per annum,
and fifty-two,
fifty-two, and for arrears of interest at five per centum
frnom
from March eleventh,
eleventh, eighteen hundred and fifty, to March third,
eighteen
eighteen hundred and ninety,
ninety, on fifty-six
fifty-six thousand and twenty one
one
dollars and forty-nine
forty nine cents of the trust fund of the Chickasaw
Chickasaw Nation
erroneously dropped from the becks of the United States March
erroneously
March
FIFTY-FIFTH
CONGRESS.
FIFTY-FIFTH CONGRESS.
SEss.
II.
SESS. II.
C.
CH. 5517.
.
189S.
1513
17
.
eleventh, eighteen hundred an-1
anl fifty, and restored
eleventh,
restored December twentytwentyseventh, eighteen hundred
seventh,
hundred and
award of
the SecSecand eighty-seven,
eighty-seven, by
by the
the award
of the
retary of
of the Interior, under the fourth
of the
fourth article
article of
the treaty
treaty of
of June
June
twenty-second,
eighteen hundred
twenty-second, eighteen
and fiftyhundred and
and fifty-two,
fifty-two, five
five hundred
hundred and
fiftyeight thousand five
live hundred and
dollars and
and twenty
twenty dollars
and fifty-four
fifty-four cents,
cents,
to be placed
placed to the credit of the
to
the Chickasaw
Chickasaw Nation
Nation with
with the
the fund
fund to
it properly belongs: Provided,
Provided, That if there be any
which it
any attorneys'
attorneys'
fees to be paid out of same,
heretofore made and duly
same, on contract
contract heretofore
approved by the Secretary
approved
Secretary of the Interior, the
the same
same is authorized
authorized to
to
be paid by
by him.
It
It is further agreed
agreed that the final decision
courts of
of the
the United
United
decision of the
the courts
States in the case of the Choctaw
Choctaw Nation
the Chickasaw
Nation and
and the
Chickasaw Nation
Nation
against the United States and the Wichita
Wichita and affiliated
affiliated bands of
conclusive as the basis of
Indians, now pending, when
when made, shall be conclusive
settlement as between
between the United States and
settlement
said Choctaw
Choctaw and
and ChiekaChickaand said
saw nations for the remaining lands
what is
is known
known As
"Leased
lands in
in what
as the
the "Leased
District," nambly,
land lying between the
namely, the land.
the ninety-eighth
ninety-eighth and
and one
one
hundredth degrees
hundredth
degrees of west longitude
longitude and
the Red
Red and
and CanaCanaand between
between the
dian rivers,
rivers leased to
States by
by the
the treaty
treaty of
eighteen hunto the United
United States
of eighteen
hundred
and
dred rivers,
and fifty-five, except that portion called the Cheyenne
Cheyenne and
Arapand Arapahoe country, heretofore acquired by the United
and all
final
United States,
States, and
all final
judgments rendered
judgments
rendered against said
any of
the courts
of the
said nations
nations in
in any
of the
courts of
the
United
United States in favor of the United States or any citizen
citizen thereof
thereof shall
shall
first be paid out of any sum hereafter
hereafter found due
Indians for
due said Indians
for any
any
interest they
the so-called
leased district.
district.
interest
they may
may have
have in
in the
so-called leased
It is further
It
further agreed that all of the funds invested,
invested, in lieu
lien of investinvestment, treaty
treaty funds,
funds or otherwise,
by the
the United
in
otherwise, now
now held by
United States
States in
trust for the Choctaw and Chickasaw
Chickasaw capitalized within
tribes, shall
shall be
be capitalized
within
governments shall
one year after the tribal governments
so far
as the
the same
same
shall cease,
cease, so
far as
may legally be done, and be appropriated
appropriated and
by some
officer of
and paid,
paid, by
some officer
of
the United States appointed for the
to the
the Choctaws
Choctgovs and
and
the purpose,
purpose, to
Chickasaws (freedmen
(freedmen excepted) per capita, to
to aid
aid and
assist them
in
and assist
them in
improving their homes and
and lands.
lands.
It is farther
further agreed that the Choctaws
Choctaws and Chickasaws,
Chickasaws, when their
It
governments cease,
tribal governments
cease shall become possessed
possessed of all
and
all the
the rights
rights and
privileges of citizens of the United
United States.
States.
ORPHAN LANDS.
ORPHAN
LANDS.
513
Proviso.
Proviso.
Attorney's fees.
Attrneys
fees.
Decision inpending
Sate8agad'n
hitaIndianstobebasisofsetDistrict" lands.
Decision in pending
case against United
5tatesand Wichita Inthane to be basiao fsettlement for "Leased
District" lands.
Vol. 11,, p.
p. 613.
613.
Vol.
Per capita payment
payment
of tribal trust funds.
Dd
oPer capita
ts
Acquisition
Ae u isition
of
Unite I States
United
citizen.
t t citizen.
ship
ship.
lands.
Orphan lands.
It is further
lands in the State of -to
It
further agreed that the Choctaw
Choctaw orphan
orphan lauds
—to :be
acquired by
be acquired
by
the Lniteil States.
Mississippi, yet unsold, shall be taken by the United States at one dol- the
United States.
lar and twenty-five
twenty-five cents ($1.25) per acre, and the proceeds
proceeds placed to
the credit of the Choctaw
Choctaw orphan fund in
of the
the United
in the
the Treasury
Treasury of
United
States, the number
determined by the General Land
number of acres to be determined
Land Office.
Office.
In witness whereof
whereof the said commissioners
commissioners do
affix their
their
do hereunto
hereunto affix
names at Atoka
this the
the twenty-third
Ap ril,
Atoka,' Indian Territory,
Territory, this
twenty-third day
day of
of April,
eighteen
hundred and ninety-seven.
eighteen hundred
ninety-seven.
.
GREEN MCCURTAIN,
M CCURTAIN,
GREEN
Principal Chief.
Chief.
Principal
J. S. S
TANDLEY,
J.
STANDLEY,
N. B.
B. AINSWORTH,
N.
AINSWORTH,
BEN HAMPTON,
HAMPTON,
BEN
W
ESLEY ANDERSON,
ANDERSON,
WESLEY
AMOS
Amos HENRY,
HENRY,
D.C.
C.GARLAND,
D.
GARLAND,
R.
M .HARRIS,
HARRIS,
R. M.
Governor.
Governor.
IsAAC
0. LEWIS,
IsAAc 0.
LEWIS,
HOLMES
HOLMES COLBERT,
COLBERT,
ROBERT
L. M
ROBERT L.
URRAY,
MURRAY,
W ILLIAM PERRY,
PERRY,
WILLIAM
R.
R.L.
L.BOYD,
BOYD,
Commission.
Chickasaw Commission.
Choctaw
Choctaw Commission.
Commission.
FRANK C.
FRANK
C. ARMSTRONG,
ARMSTRONG,
Acting Chairman.
Chairman.
ARCHIBALD
ARCHIBALD S.
S.M
CKENNON,
MCKENNON,
THOMAS B.
THOMAS
B.CABANISS,
CABANISS,
ALEXANDER
ALEXANDER B.
B.M
ONTGOMERY,
MONTGOMERY,
Commission to the Five
Five Civilized
Civilized Tribes.
Tribes.
H.
JACOWAY, Jr.,
Jr.
H. M
M..JACOWAY,
Secretary, Five Trib
Tribes
esCommission.
Commission.
voL Xx--33
V(,L
514
514
FIFTY-FIFTH
FIFTYFIFTH CONGRESS.
CONGRESS. S
ESS. II.
II . Cu. 517.
SESS.
Agreement with
Agreement
Muscogee or Creek
muscogee
Creek
tribeofIndians.
tribe ot' Indians.
Act not to
to conflict
conflict
with agreement.
4
Ane
99.
p. 499.
Ank p.
General
allotmentof
Generalallotmentof
land.
-Selection
• —selection for minor,
-prisoners, etc.
—prisoners, etc.
Appraisal, etc.
-miunimumrvaluation.
--minimum valuation.
repre
-Inlians to be
—Indians
he refire
l
.clated.
Arnted
land pending
rseo'
Use
of land pending
allotment
allotment,
1898.
SEC.
SEC. 30. That the agreement
made by the
Commission to
to the
agreement made
the Commission
the Five
Five
Tribes with
the commission
the Muscogee
Muscogee (or
Civilized Tribes
with the
commission representing
representing the
(or
Creek) tribe
tribe of
Indians on
the twenty-seventh
twenty-seventh day
of September,
eightCreek)
of Indians
on the
day of
September, eighteen
hundred and ninety-seven,
ratified
een hundred
ninety-seven, as
as herein
herein amended,
amended, is
is hereby
hereby ratified
and
and the
the same
shall be
full force
and effect
and confirmed,
confirmed, and
same shall
be of
of full
force and
effect if
if ratified
ratified
before
eighteen hundred
hundred and
before the
the first
first day of
of December,
December, eighteen
and ninety-eight,
ninety-eight,
by a
eleca majority of the votes cast
cast by
by the members of
of said
said tribe at
at an elecexecutive of said tribe
tion to be held for that
that purpose;
purpose; and
and the
the executive
tribe is
is
authorized and directed
directed to make public
authorized
public proclamation
proclamation that said agreegeneral election,
ment shall be voted on at the next general
election, to be called
called by
by such
such
—
C ivilized
executive
executive for the purpose of voting on said agreement;
agreement; and
said
and if
if said
agreement as amended
amended be so ratified,
ratified, the provisions
provisions of this Act
agreement
Act shall
then only apply to said tribe where the same do not conflict
conflict with the
the
provisions of said agreement;
agreement; but the provisions of said
said agreement,
agreement, if
if
so ratified, shall not in any manner affect the provisions of section fouragreement is
teen of this Act, which said amended
amended agreement
is as follows:
follows:
This agreement, by and between
between the Government
Government of the United
United States
of the first part, entered into in its behalf by the Commission to the
Civili7ed Tribes, Henry L. Dawes, Frank C.
Armstrong, Archibald
Archibald
Five Civilized
C.Armstrong,
S. Mcliennon,
McKennon, Alexander
Alexander B. Montgomery,
Montgomery, and Tams Bixby, duly
duly
appointed
appointed and authorized thereunto,
therennto, and the government
government of the Muscogee or Creek Nation
Nation in the Indian Territory
Territory of the second
second part,
entered
entered into in behalf of such Muscogee
Muscogee or Creek government, by its
its
commission,
appointed and authorized
commission, duly appointed
Pleasant
authorized thereunto, viz, Pleasant
Porter, Joseph Mingo, David N. Hodge, George
George A.
A. Alexander,
Alexander, Roland
Roland
Brown,
Brown William
William A. Sapulpa, and Conchartie Micco,
Witnesseth,
Witnesseth, That in consideration of the mutual undertakings
undertakings herein
contained,
agreed as follows:
contained, it is agreed
follows:
•
GENERAL ALLOTMENT
OF LAND.
LAND.
GENERAL
ALLOTMENT OF
1. There shall be allotted out of the lands owned
owned by
by the
the Muscogee
Muscogee or
or
Creek Indians in the Indian Territory to each
each citizen of said nation
nation one
one
hundred and sixty acres of land. Each citizen shall have the
the right, so
so
far as possible, to take his one hundred and sixty
sixty acres
acres so as to
to include
improvements which belong to him, but such improvements shall
the improvements
shall
not be estimated in the value fixed on
any
on his
his allotment, provided any
selected by
such
citizen may take any land not already selected
by another;
another; but if
if such
land, under actual cultivation, has on it any lawful improvements, he
shall pay the owner of said improvements
improvements for same, the value to be
fixed by
by the commission
commission appraising
the land.
land. In
the case
of a
appraising the
In the
case of
a minor
minor
child, allotment shall be selected for him by his father, mother, guardian, or the administrator
administrator having charge of his estate, preference
preference being
being
given in the order named, and shall not be sold during his minority.
Allotments
selected for
for prisoners,
Allotments shall be ,selected
convicts, and
and incompetents
incompetents
prisoners, convicts,
by some suitable person akin to them, and due care shall be taken that
that
all persons
persons entitled
entitled thereto shall have allotments
allotments made to
to them.
them.
2. Each allotment
at what would be
allotment shall be appraised at
be its
its present
present
fertility of the soil and its locavalue, if unimproved,
unimproved, considering
considering the fertility
tion, but excluding
excluding the improvements,
improvements, and each allottee
allottee shall be charged
charged
with the value of his allotment
allotment in the future distribution
distribution of any funds
of the nation arising from any source whatever, so that each
each member
member
of the nation shall be made equal in the distribution of the lands and
the minimum
minimum valuation
moneys belonging to the nation,
nation, provided that the
valuation
to be placed upon any land in the said nation shall be one dollar and
twenty-five cents ($1.25) per acre.
appraisement of the said allotment, said nation
3. In
In the appraisement
nation may have
have aa
representative
representative to cooperate with aacommission, or a
a United States officer,
officer,
designated
designated by the President
President of the United States, to make the appraisement. Appraisements
Appraisements and allotments shall be made under the direcdirection of the Secretary
Secretary of the Interior, and begin as soon as an authentination has
cated roll of the citizens
citizens of the said nation
All citizens
has been made.
made. All
citizens
of said
said nation,
nation, fromof
andsid
afteratin,
passage
of
this Act,
be entitled
entitled
~om nd fteth
pasageor'thi
Ac,s shall
of
and
the passage
all be
FIFTY-FIFTH CONGRESS.
FIFTY-FIFTH
CONGRESS.
SEss.
II.
SESS. I.
515
515
Cu. 517.
517. 1898.
1898.
CH.
to
select from
amount equal to one
one hundred
of said nation
nation an
an amount
hundred
to select
from the
the lands of
and
acres, and
use and
occupy the
the allotments
allotments
and sixty
sixty acres,
and use
and occupy
the same
same until
until the
therein
provided are
are made.
therein provided
4. All controversies
controversies arising between
between the
members of
Controversies as to
the members
of said nation
nation as
as Controversies
to
to
rights to
to have
certain lands
lands allotted
allotted to
be settled
settled by
by allotments.
shall be
allotments.
have certain
to them
them shall
to their
their rights
the commission making allotments.
5.
The United
United States
States shall
shall put
put each
each allottee
allottee in unrestricted
unrestricted posses- Possession.
5. The
Mon
remove therefrom
therefrom all
objectionable to
to
all persons
persons objectionable
sion of his allotment
allotment and remove
the allottee.
Eq
t
Equalizing
allot.
6.
excess of lands
derived Equalizing
allot.
allotment is completed,
completed, all funds derived
6. The excess
lands after allotment
from
funds accruing
accruing under
provisions of ment
m eu
under the provisions
sites, and all
all other funds
from town sites,
this
allotments,
this agreement
agreement shall
shall be
be used for
for the
the purpose
purpose of equalizing
equalizing allotments,
provided, and
impatient for such
such
and if
if the same
same be found
found ineifficient
valued as herein provided,
purpose,
the deficiency
be supplied
other funks
nation
funds of
of the
the nation
shall be
supplied from
from other
purpose, the
deficiency shall
upon
of its
its tribal
tribal relations
relations with
with the
United States,
States, in wordaccordthe United
upon dissolution
dissolution of
of this
this agreement.
ance with the
the purposes
purposes and intent of
_of residue
7. The
residue of
the lands,
lands, with
thereon, if
if any
any unsale
sai
de
residue ot
oi
the improvements
improvements thereon,
of the
with the
7.
The residue
separately, under the direction
direction of the Sec- land ''etc.
tc *
be appraised
appraised separately,
there be,
be, shall be
retary of the Interior,
and improvements
sold in tracts
improvements sold
said lands
lands and
retary
Interior, and said
of not
exceed one
one hundred
and sixty
acres to
to one
to the
the
one Rerson,
person, to
to exceed
hundred and
sixty acres
of
not to
highest bidder,
appraised value per
per
less than
than the
the appraised
bidder, at
at public
public auction, for not less
highest
acre of
of land;
land; and
after deducting
deducting the
appraised value
the
value of
of the
the lands,
lands, the
acre
and after
the appraised
remainder of
money shall
of the
the purchase
purchase money
shall be
be paid to the owners of the
remainder
improvement.
improvement.
8.
Patents to
all lands
lands sold
shall be
in the
same manner
the same
manner as to Patents.
be issued
issued in
sold shall
8. Patents
to all
allottees.
allottees.
SPECIAL ALLOTMENTS.
ALLOTMENTS.
Special allotments.
allotments.
SPECIAL
Special
9.
shall be
allotted and.
one hundred
hundred and
and sixty
sixty acres
acres
be allotted
and patented
patented one
9. There
There shall
each to
Mrs. A.
A. E.
E. W.
and Mrs.
Buckner (nee
GrayH. F.
F. Buckner
(nee GrayW. Robertson
Robertson and
Mrs. IL
each
to Mrs.
son)
recognition of their
missionaries among
among the
son) as
as special recognition
their services
services as missionaries
people
Creek Nation.
Nation.
people of
of the
the Creek
Nazareth Insti10.
Institute, Henry Kendall
Kendall College,
College, and Nazareth
10. Harrell
Harrell Institute,
tute,
University, near
near Muscogee,
tute, in Muscogee,
Muscogee, mid
aid Baptist
Baptist University,
Muscogee, shall have
free
patented to
to said institutions
institutions or
or to
to the
free of charge, to be
be allotted and
and patented
churches
which they belong,
occupy, to be
be
grounds they now occupy,
churches to which
belong, the grounds
used
purposes only
acres each.
each.
only and not
not to exceed
exceed ten acres
used for school
school purposes
RESERVATIONS.
RESERVATIONS.
Reservations.
Reservations.
11.
following lands shall
allotment
11. The following
shall be reserved from
from the general
general allotment
hereinbefore provided:
provided:
hereinbefore
lands which
town sites;
sites; all
all lands
which shall
All lands hereinafter
hereinafter set apart
apart for
for town
be
town-site commission
commission as hereinbe selected
selected for
for town
town cemeteries
cemeteries by the
the town-site
after provided;
all lands that
that may
may be
be occupied
occupied at the time allotment
allotment
after
provided; all
begins
by Congress
Congress as
duly authorized
authorized by
as railroad
railroad
begins by
by railroad
railroad companies
companies duly
Okmulgee, to be laid off as
rights of way; one hundred
hundred sixty acres at Okmulgee,
capitol building,
being
building, being
aatown, one acre
acre of which,
which, now occupied
occupied by the capitol
especially reserved
reserved for
building; one acre
church
especially
for said
said public
public building;
acre for each church
located and
purposes of worship
worship outside
the towns,
towns, and
now located
and used
used for
for purposes
outside of
of the
and
sufficient
neighborhood burial grounds
grounds
sufficient land for burial
burial purposes,
purposes, where
where neighborhood
are
hundred sixty acres
building
are now
now located; one hundred
acres each,
each, to include the building
sites
sites now occupied,
occupied, for the following
following educational
educational institutions:
institutions: Eufaula
Eufaula
High
High School,
School, Wealaka
Wealaka Mission, New
New Yaka
Yaka Mission,
Mission, Wetumpka
Wetumpka Mission,
Mission,
Ettchee
Tallahassee
Euchee Institute,
Institute, Coweta
Coweta Mission,
Mission, Creek
Creek Orphan
Orphan Home, Tallahassee
(colored), Pecan Creek Mission (colored),
Mission (colored),
Orphan
(colored), and Colored Orphan
Home. Also four acres each for the six court-houses
established.
court-houses now established.
TITLES.
TITLES.
Titles.
Titles.
Patents to
to alottees
*Settees,
12. As soon as practicable
practicable after the
the completion
completion of said allotments
allotments Patents
the principal
principal chief
chief of
of the
or Creek
shall execute
the
the Muscogee
Muscogee or
Creek Nation
Nation shall
execute
under his hand and the seal of said nation, and deliver
deliver to each of said
allottees, a
apatent, conveying
conveying to him all
all the right,
right, title, and interest
interest of
516
FIFTYFIFTH CONGRESS.
CONGRESS . S
ESS. II.
II . CH.
C .517.
FIFTY-FIFTH
SESS.
1898.
1898.
the said nation in and to the land which shall have been allotted to him
in
conformity with
with the
the requirements
requirements of
Said patents
patents
of this
this agreement.
agreement. Said
in conformity
accordance with
with the
the provisions
of this
shall be
be framed in accordance
provisions of
this agreement
agreement
embrace the land allotted to such patentee
patentee and no other land.
and shall embrace
his patent
patent by
allottee shall
as an
-acceptance
—acceptance of pat- The
The acceptance
acceptance of
of his
by such
such allottee
shall be
be operative
operative as
an
ent.
assent on his part to the allotment
allotment and conveyance
conveyance of all the land of
of
accordance with
with the
agreement,
the said
said nation
nation in
in accordance
the provisions
provisions of
of this
this agreement,
relinquishment of
and as
as aarelinquishment
of all his rights,
rights, title, and
and interest
interest in and to
to
any and all parts thereof, except the land embraced
embraced in said patent;
patent;
proceeds of all lands
lands herein
excepted
except, also, his interest
interest in the proceeds
herein excepted
from allotment.
Record of land titles.
Recordofland
titles. 13. The United
of land
land
United States
States shall provide by law for proper record of
occupied by the said nation.
nation.
titles in the territory occupied
—form, etc.
-forui,
etc.
Town
sites.
Town sites.
TOWN
TOWN SITES.
SITES.
Commission
to lay
Commission to
lay
out.
Appraisal of
Appraisal
of
proved
lots.
proved lots.
Town lots,
Town
lots, considerconsidertions
of value.
MODS of
value.
Purchase of
of imimPurchase
provements by
by the
the
provements
owner.
Failure of
Failure
of apprais.
appraisera to agree.
ers to agree.
Failure of
of owner
owner of
Failure
improvements to pun
I
chase same.
chasesame.
to
—sale
lot, etc.
etc.
-saleofof lot,
—payment
.- payment to
to owner
owner
of improvements.
Rejection
bids.
ej.-ct.ion of
of ,iis.
Sale of
0f xiuinlprovetd
nh,npro
Sale
its.
14. There shall be appointed
commission, which shall consist of
appointed a
a commission,
of
one member
member appointed by the executive
executive of the Mnuscogee
Muscogee or Creek
Creek
Nation, who shall not be interested
property other than his
his
Nation,
interested in town property
home, and one member who shall be appointed by the President of the
United States. Said commission shall lay out town sites, to be restricted
restricted
as far as possible
possible to their present limits, where towns
towns are now located.
No town laid out and platted by said commission shall cover more than
four square miles of territory.
im
im-15. When said towns are laid out, each lot on which substantial and
and
ett
improvements have been
valuable improvements
been made
made shall be valued
valued by
commisby the commisprice a
afee-simple
in the
the marsion at the price
fee-simple title to the same would
would bring
bring in
marvaluation is made, but
ket at the time the valuation
but not
not to include
include in
in such
such value
value
the improvements
improvements thereon.
thereon.
16. In
appraising the value of town lots, the number of inhabitants,
In appraising
inhabitants,
the location and surrounding
surrounding advantages
advantages of the town
town shall be considered.
17. The owner of
of the
the improvements
improvements on any
the right
right
any lot
lot shall have
have the
to buy the same at fifty per centum of the value within
within sixty days from
from
the date'
date' of notice served on him that such lot is tor
for sale, and if he purchase the same he shall, within ten days from his
purchase, pay into
his purchase,
the Treasury
Treasury of the United States one-fourth of the purchase
purchase price and
and
the balance in three equal annual payments,
payments, and when the entire sum is
is
paid he shall be entitled to aapatent for the same, to be made as herein
herein
provided
provided for patents
patent-s to allottees.
allottees.
18. In
In any case
ease where
where the two members of the commission
commission fail
fail to
to
agree
value of any
agree as to the value
shall select
person, who
who
any lot
lot they shall
select aa third
third person,
shall be a
a citizen of said nation and who is not interested in
town lots,
in town
lots,
who shall act with them to determine
determine said value.
19. If
sixty
lit
If the owner of the improvements on any lot fail within sixty
days to
and make
make the
first payment
payment on
same, such
such lot,
lot,
on the
the same,
the first
to purchase
purchase and
days
with
thereon
with the improvements thereon
thereon (said lot and the improvements thereon
having been theretotbre
theretofore properly
having
properly appraised),
appraised), shall be sold at public
public
under
auction to the highest bidder, under
the direction
direction of said commission,
a price not less than the
thl e value of the lot and improvements,
at a
improvements, and the
purchaser at such
such sale
sale shall pay to the owner
purchaser
owner of
of the
the improvements
improvements the
the
price for which said lot and the improvements thereon
thereon shall be sold, less
fifty per centum of the said appraised
appraised value of the lot, and shall pay
appraised value of the lot into the United
fifty per centum
centum of said appraised
United
States Treasury, under regulations
regulations to be established by the Secretary
Secretary
of the Interior, in four installments, as hereinbefore
hereinbefore provided.
provided. Said
Said
a bid on any lot and the
commission shall have the right to reject
reject a
improvements thereon which it 'may
improvements
may consider below the real value.
20. All
All lots
lots not
improvements thereon
appraised
20.
not having improvements
thereon and not so appraised
commission from time to time at public auction,
shall be sold by the commission
auction,
after proper advertisement,
advertisement, as may seem for the best interest of the
said nation
ination and the proper
proper development of each town,
town, the purchase
price to be paid in four installments, as hereinbefore
hereinbefore provided for
for
improved lots.
FIFTYFIFTH CONGRESS
ESS. 11.
SESS.
1.
CONGRESS.. S
FIFTY-FIFTH
Cu.
517.
Cu. 517.
517
1898.
1898.
21.
All citizens
who have
purchased the
occu- Preference right of
of
of occuthe right
right of
have purchased
persons who
or persons
citizens or
21. All
pancy from
in legal
the date
of signing
this purchase.
purchase
signing this
date of
prior to
to the
possession prior
legal possession
parties in
from parties
pancy
agreement,
lots or
or tracts
tracts of
ground in towns, shall have the
of ground
holding lots
agreement, holding
first right
right to
purchase said
or tracts
tracts upon the same terms and consaid lots or
to purchase
first
provided said lots or tracts
provided for improved lots, provided
as is
is provided
ditions as
shall have
have been
hereinbefore proas hereinbefore
appraised, as
properly appraised,
theretofore properly
been theretofore
shall
vided for improved lots.
Rejection of
of bids.
bids.
22.
shall have
have the right to reject any bid for such Rejection
commission shall
Said commission
22. Said
lots or
tracts which is
commission below the fair
is considered
considered by said commission
or tracts
lots
value
same.
of the same.
value of
make
to make
23. Failure
Failure to
payments as heretofore
heretofore provided
provided Failure to
of the payments
any one
one of
to make
make any23.
for a
aperiod
of sixty
sixty-days
shall work
work a
forfeiture of
of all
all payments
payments.
made py
payments made
a forfeiture
days shall
period of
for
and
all rights
under the
contract; provided
purchaser of any
that the purchaser
provided that
the contract;
rights under
and all
pay full price before the same is due.
lot may pay
24. No
No tax
tax shall
be assessed
Taxes:
town government against any Taxes
any town
assessed by any
shall be
24.
a lot sold
town
commission, and
against a
tax levied against
and no tax
the commission,
by the
lot unsold
unsold by
town lot
as
herein provided
on the
same until the purchase
the same
lien on
shall constitute
constitute aalien
provided shall
as herein
price
thereof has
been fully
paid.
fully paid.
has been
price thereof
25. No
No law
or ordinance
be passed
passed by
any town
town which
e
.
°nflicting "7.
0s,
law.
tconficting
inter- etc
which interby any
shall be
ordinance shall
law or
25.
feres with the
the enforcement
enforcement of or is in conflict with the constitution or
feres
laws of
United States, or in conflict with this agreement, and all
of the United
laws
persons in
such towns
shall be
be subject
subject to
to such
such laws.
•
laws.
towns shall
in such
persons
26. Said
Said commission
commission shall
shall be
be authorized
authorized to
within et.emete'
Cemetery, tlocation,
location,
a cemetery
cemetery within
locate a
to locate
26.
suitable distance
distance from each town site,'not
siteolot to exceed
exceed twenty
twenty acres;
acres;
aa suitable
and when
when any
any town
town shall
have paid into the United
States Treasury
Treasury
United States
shall have
and
therefor, such
of the said nation ten dollars per acre therefor,
benefit of
for the benefit
be entitled to aapatent for the same, as herein provided for
town shall be
reasonable prices in
titles to allottees, and shall dispose of same at reasonable
lots for burial purposes;
suitable lots
purposes; the proceeds
proceeds derived therefrom to be
suitable
applied by
proper improvement
improvement and care
the town
town government to the proper
by the
applied
cemetery.
of said cemetery.
surveyof survey. Ex
Expenses
27. No
No charge
or claim
be made
e
p
t
enses
of
Muscogee or Creek in
the Museogee
made against
against the
shall be
claim shall
charge or
27.
C.
Natioa
the United
United States
the expenses
surveying and platting
platting lng etc
of surveying
expenses of
for the
States for
by the
Nation by
the lands
and town
appraising and allotting
allotting the
site, or for grading, appraising
town site,
the
lands and
land,
or for
for appraising
provided.
the town lots as herein provided.
appraising and disposing of the
land, or
Reservation of
of
,Resetrvation
28. There
There shall
exempted from appraisement
appraisement and church
shall be set apart and exempted
28.
lands.
church lands.
sale,
in the
the towns,
towns, lots
lots upon
upon which
parsonages are now
and parsonages
churches and
which churches
sale, in
built
and occupied,
occupied, not to exceed
exceed fifty
and
fifty feet front and one hundred and
built and
fifty feet
feet deep
each church
parsonage. Such lots shall be used
church and parsonage.
for each
deep for
fifty
only
churches and
parsonages, and
when they
they cease
used,
so used,
to be so
cease to
and when
and parsonages,
for churches
only for
to the members of the nation, to be disposed of as other
shall revert
revert to
town lots.
Filing of town plats.
29.
shall have
correct and proper
proper plats of Filingoftownplats.
prepared correct
have prepared
commission shall
Said commission
29. Said
disStates
United
each town,
town 'and
and file
tile one
one in
in the
office of the United
the clerk's office
each
court for the district in which the town is located, one with the
trict court
,
executive of
of the
the nation,
nation, and
the Secretary of the Interior, to •
one with the
and one
executive
be
approved by
by him
same shall take effect.
him before the same
be approved
30.
settlement numbering at least three hundred inhabitants, liv- Town, minimum
30. A settlement
'lationy.
etceces8
ing
of one-half
one-half mile at the time of the signing of this population,etc.,necesa radius
radius of
within a
ing within
sary.
agreement,
shall constitute
within the meaning of this agreetown within
constitute aatown
agreement, shall
of.
-government of.
ment.
Congress may
government of the said —government
provide for the government
by law provide
may by
ment. Congress
towns.
ete
CLAIMS.
CLAIMS.
31. All
claims, of
of whatever
whatever nature,
nature, including
including the
"Loyal Creek
the "Loyal
All claims,
31.
Emi"Self EmiClaim"
under article 4
4 of the treaty of 1866, and the "Self
made under
Claim" made
gration Claim,"
article 12
the treaty
treaty of
1832, which
which the Musof 1832,
of the
12 of
under article
Claim," under
gration
eogee
against the
or Creek
Creek Nation, or individuals thereof, may have against
cogee or
against
United States, or any claim which the United States may have against
submitted to the Senate of the United States
the said nation, shall be submitted
board of arbitration;
arbitration; and all such claims against the United States
as a
a board
present& within one year from the date hereof, and within
within two
shall be presentedr
hereof the Senate of the United States shall make
the date -hereof
from the
years from
Claims.
Claims.
the
Aebitr tion by the
14, p.
p. Ts7.
vol.
VoL i4,
787.
367.
Vol.
p. 36i.
o.7,7, p.
seA
na
rt
h
e
itmtion
518
517.
FIFTY
FIFTH CONGRESS.
SESS. II.
II. Cm
CH. 517.
CONGRESS. SESS.
FIFTY-FIFTH
1898.
final
determination of said claim;
claim; and in the event that any moneys
final determination
awarded to the Muscogee
Muscogee or Creek Nation,
Nation, or individuals thereof,
are awarded
by
the United
provision shall
made for the immediate payshall be made
United States, provision
by the
ment
United States.
same by the United
of the same
ment of
Jurisdiction
Jurisdiction of
of
courts.
—United
-United
courts.
States
JURISDICTION OF
JURISDICTION
OF COURTS.
COURTS.
United States
States courts
or that may hereafter be
courts now existing, or
The United
32. The
created
Indian Territory,
all
created in the Indian
Territory, shall have exclusive
exclusive jurisdiction
jurisdiction of all
controversies growing
growing out
ownership, occupation,
or use
use of
of
occupation, or
out of
of the
the title,
title, ownership,
controversies
territory occupied
Muscogee or Creek Nation,
occupied by the Muscogee
real estate in the territory
charged with homicide,
homicide, embezzlement, bribery
try all persons
persons charged
and to try
and embracery
territory of
of said Nation,
the territory
committed in the
hereafter committed
embracery hereafter
and
without reference
citizenship of the person or persons
persons
reference to race or citizenship
without
nation
with any
any such crime; and any citizen or officer of said nation
charged with
convicted, punished
punished
charged with any such crime shall be tried and, if convicted,
be were aa citizen or officer
officer of the United States; and the
as though he
—Indian courts.
courts,
-Indian
jurisdiction which they now
courts of said nation shall retain all the jurisdiction
have, except as herein
herein transferred
United States.
States.
transferred to the courts of the United
Enactments
Enactments of nanational council.
council.
tional
ap-
Acts.
etc., to
to be
be apActs etc.,
proved by the PresiPresiby
the
roved
dent.
-publication.
—publication.
Miscellaneous.
Miscellaneous.
ENACTMENTS OF
OF NATIONAL
ENACTMENTS
NATIONAL COUNCIL.
COUNCIL.
33.
the council
council of
of the
the Muscogee
Muscogee
resolution of the
33. No
No act,
act, ordinance,
ordinance, or resolution
or Creek
Creek Nation
Nation in any manner affecting
affecting the land of the nation, or of
individuals, after allotment, or the moneys or other property of the
the
individuals,
nation, or citizens thereof (except appropriations
appropriations for the regular and
and
necessary expenses
expenses of the government
government of the said nation), or the rights
necessary
persons
of any person
person to employ any kind of labor, or the rights of any persons
who have taken or may take the oath of allegiance to the United States,
United
shall be of any validity until approved by the President of the United
States. When such act, ordinance, or resolution passed by the council
council
approved by the executive thereof, it shall then
of said nation shall be approved
national secretary of said nation
nation to forward
forward same to
be the duty of the national
the President of the United States, duly certified and sealed,
sealed, who shall,
within thirty days after receipt thereof, approve or disapprove
disapprove the
same, and said act, ordinance,
resolution, when so approved, shall be
ordinance, or resolution,
published in at least two newspapers having a
a bona fide circulation
circulation
throughout the territory occupied
occupied by said nation, and when disapproved shall be returned
returned to the executive
executive of said nation.
'MISCELLANEOUS.
MISCELLANEOUS.
34. Neither
the allotment
of land of
Neither the town lots nor the
allotment of
of
of any
any citizen
citizen of
the Muscogee
Muscogee or Creek Nation shall be subjected
subjected to any debt contracted
contracted
by him prior
by
prior to the date of his patent.
Payments.
Payments.
3.5. All payments herein
herein provided
for shall be
be made,
35.
provided for
made, under the
the direction of the Secretary
Secretary of the Interior,
Interior, into the United States Treasury,
Creek
and shall be for the benefit of the citizens of the Muscogee
Muscogee or Creek
Nation. All payments hereafter
hereafter to be made to the members
members of the said
nation shall be paid directly to each individual member by a
a bonded
bonded
Secretary of the
officer of the United States, under the direction of the Secretary
Interior, which officer
officer shall be required
required to give strict account for such
disbursements
disbursements to the Secretary.
Intoxicants.
36. The United
United States agrees to maintain
maintain strict laws in the territory
of said nation
nation against
against the introduction,
introduction, sale, barter, or giving away of
of
liquors and intoxicants
intoxicants of any kind or quality.
United
rUited States citi37. All
All citizens of said
said nation,
nation, when the
the tribal
tribal government
37.
government shall
zenship.
zenbhip.
citizens
cease, shall become
become possessed of all the rights and privileges
privileges of citizens
of the United States.
38.
agreement shall
provisions of existing
existing
shall in
in no
no wise affect
affect the provisions
38. This
This agreement
Existing treaties.
treaties
between the Muscogee
Muscogee or Creek Nation and the United States,
treaties between
except
except in so far as it is inconsistent therewith.
Lands not subject
Lands
to
debts contracted
coantracted
to debts
prior to patent.
FIFTY-FIFTH CONGRESS.
CONGRESS.
SEss. II.
SESS.
II.
OHS.
Cs. 517-519.
517-519.
1898.
1898.
519
519
In
do hereunto
hereunto affix
their
In witness
witness whereof,
whereof. the said Commissioners 'do
affix their
at Muscogee,
Muscogee, Indian
Indian Territory,
Territory, this
the twenty-seventh
day of
of
names at
this the
twenty-seventh day
September, eighteen
eighteen hundred
and ninety-seven.
September,
hundred and
ninety-seven.
HENRY L.
L. DAWES,
DAWES,
HENRY
Chairman.
Chairman.
TAMS
BIXBY,
TAMS B
XBY,
Acting
Acting Chairman.
Chairman.
FRANK C.
C. ARMSTRONG,
ARMSTRONG,
FRANK
ARCHIBALD S.
MCKENNON,
ARCHIBALD
S. MCKENNON,
A. B. MONTGOMERY,
MONTGOMERY,
Commission to
to the
the Five
Tribes.
Commission
Five Civilized
Civilized Tribes.
ALLISON L.
AYLESWORTH,
ALLISON
L. AYLESWORTH,
Acting
Acting Secretary.
PLEASANT
PLEASANT PORTER,
PORTER,
Chairman.
Chairman.
JOSEPH
MINGO,
JOSEPH MINGO,
DAVID M.
DAVID
M. HODGE,
HODGE,
GEORGE
ALEXANDER,
GEORGE A.
A. ALEXANDER,
ROLAND
(his x
x mark)
ROLAND (his
mark) BROWN,
BROWN,
WILLIAM A.
SAPULPA,
WILLIAM
A. SAPULPA,
Approved, June
June 28,
28, 1898.
Approved,
1898.
CONCHARTY (his
Micco,
CONCHARTY
(his x
x mark)
mark) MICCO,
Muscogee or
Muscogee
or Creek
Creek Commission.
Commission.
J.
J. H. LYNCH,
LYNCH,
Secretary.
Secretary.
CHAP. 518.—An
To restore
restore to
of New
New York
carried by
the
flag carried
by the
518.-An Act
Act To
to the
the State
State of
York the
the flag
CHAP.
One hundred
fourth New
York Volunteer
Iniantry.
One
hundred and
and fourth
New York
Volunteer Inlantry.
June
28,1898.
Jnne 28,1898.
enacted by the Senate
United
Be it
it enacted
Senate and
and House of Representatives
Representatives of the United
States
in Congress
congress assembled,
assembled, That
Secretary of
ftw
ortor
np
7tart
e
e
.
be, of
ofRetraton
tooState
That the
the Secretary
of War
War be,
America in
States of
of America
and
directed to turn
and he
he is hereby, authorized
authorized and
and directed
turn over and
and deliver to
to bellion
bellion flag, etc.
now in
in his custody that
that was
was carried by
by
the State
State of
of New York
York the flag now
Volunteer Infantry,
that
the One
One hundred
hundred and fourth
fourth New
New York
York State
State Volunteer
Infantry, that
was raised and enlisted in the United States service
service from the State of
of
of the rebellion.
rebellion.
New York
York during
during the
the war of
Approved, June 28, 1898.
Approved,
CRAP.
519.—An Act
To amend
amend an
an Act
of Congress
approved March
CHAP. 519.-An
Act To
Act of
Congress approved
March second,
second, eightprovide a
a permanent
permanent system
een hundred
hundred and
een
and ninety-three,
ninety-three, entitled
entitled "An
"An Act to provide
system of
of
June 28,1898.
28, 1898.
highways
in that
part of
of the
outside of
cities," and
for
the District
District of
of Columbia
Columbia lying
lying outside
of cities,"
and for
highways in
that part
other
other purposes.
purposes.
Be
it enacted
by the
the Senate
of Representatives
Representatives of
of the United
United
Be it
enacted by
Senate and
and House of
States
Congress assembled,
assembled, That
That sections six, seven, eight,
in Congress
States of America in
nine,
eleven, twelve, thirteen, fourteen,
fourteen, fifteen, sixteen, seventeen,
seventeen,
nine, ten,
ten, eleven,
eighteen,
approved March
March second,
second,
nineteen of the
the Act of
of Congress
Congress approved
eighteen, and
and nineteen
eighteen hundred and ninety-three, entitled "An Act to provide aapermanent system
of highways
manent
system of
highways in
in that
that part
part of
of the
the District
District of
of Columbia
Columbia
lying outside of cities," be, and the same are hereby, repealed.
SEC. 2.
the map
"section one,"
one," filed
of
SEC.
2. That
That the
map known
known as
as "section
filed in
in the
the office
office of
Columbia on
thirty-first day of
of the District
District of Columbia
on the
the thirty-first
the surveyor
surveyor of
eighteen hundred
hundred and ninety-five,
said
ninety-five, under
under the provisions of said
August, eighteen
Congress, be,
be, and the same is
is hereby,
hereby, annulled,
annulled, so
so far as it
it covAct of Congress,
ers existing subdivisions, and the Commissioners
Commissioners of the District of
Columbia
hereby authorized
authorized and
and directed
directed to
to forthwith
withdraw
Columbia are
are hereby
forthwith withdraw
the
discontinue all
the same
same from the office of the said surveyor and to discontinue
pending
condemnation proceedings
proceedings relating
subdivisions included
included
relating to
to subdivisions
pending condemnation
within said map, and within ninety days from the passage of this Act
Act
District of Columbia.
Districtof Columbia.
Permanent
system
Permanent system
fchap.
97, vol.
ol. 27,
27, p.
Chip. 197,
0
534, etc., repealed.
534,
etc., repealed.
of highways
highways
in, etc.
of
1
Map "section one."
Manp
annulled
as to exist-
"sedtioonex.
ing subdivisions, etc.
ingsuadivisions.etc.