Digitized by the Internet Archive in 2015 https://archive.org/details/bradleysmanualof01brad BRADLEY’S MANUAL OF STATISTICAL INFORMATION & PERTAINING TO THE INDIAN & Territory : BY : C. M. BRADLEY ..RULES AND REGULATIONS FOR THE SALE OF LANDS. ' HISTORICAL DATA - ... AND TREATIES WITH THE FIVE CIVILIZED TRIBES... ... SraMrg’o Manual ... Slules anil ^Regulations for tlte #ale of IGanii. liistoriral Sata anO (Treaties with the Jtane GJimliseii (Tribes. PRESS OF PHOENIX PNINTING CO., MUSKOGEE. IND, TER. ^taliattral Information PERTAINING TO THE (E. fH. SraMry Hn Invitation Are you lucking for an investment? Do you want to put the little hoard, laid by for a rainy day into some- thing which will bring good returns, increase in value and make for you a home in your old age? Do you want to get out of the old rut and begin life anew in a country yet undeveloped which is as rich in natural resources as any spot the sun shines on? Do you want to raise your children in a country where every boy ana every girl are estimated by their neighbors at their true value; where th«- ranks in social, business and official life are not crowded and are not closed by a would-be eristocracy? Do you want to cast your lot with a cosmopolitan people who are ener- getic, enterprising, sociable and progressive; who guage every man by his true worth; who make it a maxim to care absolutely nothing for the great- ness of your grandfather, your great uncle or your second cousin, but whs insist on an answer to the question “What are you?” Do you want to get out of the old communities where the desirable places- are filled, where positions are inherited and handed down from father to son? Do you want to live in the land of peace and plenty, where the sunlight kisses into being the fruit of the tropics, the flowers of the Orient and the products of the far North; where limpid streams, fed by eternal springs sing a never ending song of gladness and purity; the garden spot of all the domaie over which the reign of prosperity ever continues? Do you want to leave the crowded, worn out fields of the Bast and “grow up” with the only undeveloped country in the Union? Do you want to get away from the flood lands, away from the desert, away from the hot winds, away from the blizzard, away from those climatic- changes which make life a burden, away from those congested hide-bound conditions and traditions which rob home-life of ambitions? If you do you will come to the land of the Redmen — the most advanc- ed of all the Indian tribes — and here among the pioneers, carve out a home for yourself ana family, and start even, in the free for all race of success, or. the only track where favorites are unknown. Are you a wheat raiser, a cotton planter, a stock man, a horticulturalist a shepherd, a truck gardener, a believer in the power of a corn crop, an ex- pert in small berries, an agriculturalist in any line, or a man who looks tr- the product of the soil for a living? If you are, come here and on your little farm grow raspberries, straw berries, grapes, melons, onions, beans, peas, radishes, canteloups, corn, oats, rye, alfalfa, Kaffir com, broom corn, wheat, potatoes, yams, apples, peaches prunes, pecans, walnuts and nearly all of the fruits, vegetables and cereals, that can grow anywhere in the United States, and where with it all you car grow from one-half to one and one-quarter bales of cotton to the acre. Are you a manufacturer of brick or tiling, a stone quarry man. a coal miner or an oil man, are you interested in natural gas, are you an analyzer of mineral waters, of lead or zinc? If you are, there is a place here for you in this great country, where in 4 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. all its virgin purity thousands of acres of the best land the sun ever shone upon, untouched by the hand of man, awaits only the hoe, the plow, the steam drill, the energy, the work and the genius of man to make it spring like magic into a garden of plenty, a nerve center of commerce. It is possible now to acquire title to this land — as these Indian Citizens have, with far-seeing wisdom, long ago made treaties with the government which placed them several years ahead of all other Nations. in this country droughts are unknown; the hot winds never destroy; the storms from the North ever kill; the floods and freshets never drown. The climate is that of Southern California, the soil that of Iowa and Illinois. Rules and legulations by which Indian citizens may sell 120 acres each, of their allotments, have been adopted, and the land is now ou the market. The deeds to this land must be filed with the U. S. Indian Agent at Musko- gee, and by him the proposed sale is reported on, with a recommendation to the department at Washington. There has never before been an opportunity to purchase a farm from this area of twenty million acres in the Indian Territory. This chance has come and the territory with the most productive land of all the nations, were the first to offer a foot hold to the farmer of the North, the Bast, the West and the South. If you desire a home here, now is the time to acquire it. The rush will soon be on. Within five years, a hundred thousand miners, with diamond pointed drills will be drawing checks on the Almighty’s bank. Ten thousand spind- les will be humming a tune of prosperity in the cotton mills. The whistles of the gins, grist mills and factories of all descriptions, will mingle with the clang of church bells, and the song of the eoncented husbandman will find an echo in the lullaby of the happy housewife. Come to the Indian country if you want to meet with greater success than is now yours. Come to the Indian country if you want to live in the garden spot of the world.” Ibistorical When in March, 1893, Congress passed a bill creating a Commission to the Five Civilized Tribes, to-wit, the Choctaws, Chickasaws, Cherokees, Creeks and Seminoles, and directing that Commission to proceed to the Indian Territory and begin negotiation to extinguish the Indian’s tribal rela- tion and governmental identity, it is very doubtful if even the author of the bill had any conception of the magnitude of the task imposed. The originaal Commission, consisting of Sen. H. L. Dawes, Hon. A. S. McKennon and Capt. Kidd, soon after their appointment organized with the venerable Senator as chairman and in the summer of that year they proceeded to the Territory and began work. Their comiEg was an event of great interest to the people of the Ter ritory, and when a series of alleged interviews, statements and speeches at- tributed to the Commission began to appear in the local papers, advocating all manner of radical changes regardless of the rights or interests of those affected by the change, practically all of the inhabitants of the Territory were arrayed against them and were ready by almost any means to prevent the accomplishment of the purpose for which the Commission was created BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 5 These alleged interviews and statements were diligently circulated, and not only did the Indians, thinking Governmental obliteration awaited them, chill the members with their reception, but the white or non-citizen element, fearing for their lease rights, obstructed in every way possible the progress of the Commission. To such an extent was this done that in the Chickasaw Nation where most of the white settlers lived at that time an organization known as the United States Citizens Protective League was formed with a membership of more than 5,000 persons, and with 93 local leagues or lodges, all operating under one geneial Executive Committee. This organization having for its purpose the perpetuation of the lease system on the one side, and the Indian element fighting for national existence on the other, presented at the close of the first year’s work, obstacles which even to this time have not been entirely overcome. TIhat the successors to the original Commissioners have had to meet anl contend with this same sentiment was strongly evidenced in the Cherokee Nation in May, 1901, when that Nation by popular vote re- jected a treaty made by their representatives and the Commission arid rati- fied by Congress The personnel of the Commission since its creation has undergone several changes. In March, 1895, the membership was increased to five, with Messrs. Dawes, McKennon, Armstrong, Montgomery and Cabi- ness constituang its membership. Later the number was reduced to four and at the present time the Commissioners are Hon. Tams Bixby, Col. T. B. Needles, Hon. C. R. Breckenridge and ex-Governcr Stanley, with Mr. Allison L. Aylesworth. secretary. It was four years after the Commission was created before any tangible results were effected, then after repeated efforts a conference was held at Atoka in the Choctaw Nation, between representatives of the Choctaw and Chickasaw Nations, and the Commission on April 23rd, 1897, made a treaty with these nations. The treaty was signed by F. C. Armstrong, acting chair- man, Archibald S. McKennon, T. B. Cabiness, A. B. Montgomery, Commis- sioners of the United States, with H. M. Jackson, secretary. For the Choctaw Nation: Green McCurtain, Principal Chief; J. S. Stanley, W. B. Ainsworth, Ben Hampton, Wesley Anderson, Amon Henry, D. C. G-arland. For the Chicka- saw Nation: R. M. Harris, Governor; I. O. Lewis, Holmes Colbert, R. L. Murray, Wm. Perry and R. L. Boyd. This treatey was duly ratified and is now in force. On October 7th, 1899, a treaty was made with the Seminoles, the same being signed by r Henry L. Dawes, Tams Bixby, A. S. McKennon and T. B. Needles, Commissioners for the United States, and John F. Brown and K. N Kinkehee, Commissioners for the Seminole Nation. On March Sth, 1900, the Creek treaty was signed by the Government representatives above named and Pleasant Porter, Principal Chief, G. A. Alexander, D. M. Hodge, Isparhecher, A. P. McKellop and Gub McIntosh, for the Creek Nation, this last treaty being ratified on July 26th, 1902. The Cherokees also entered into a treaty. By these treaties an estate consisting of 19,574,416 acres of land valued at from 25c to $50 per acre must be administered on, and to do this, the Commission had to first determine by judicial investigation the rights of almost 85,000 persons to citizenship. The first step in the division of this estate was to determine its value and to do this a careful estimate or appraisement of all the lands was nec- 6 BRADLEY'S MANUAL OF STATISTICAL INFORMATION. essary. This work was accomplished by putting in the field a force of 230 appraisers divided into parties or camps of ten men each. These parties were equipped with wagons, tents, horses, pack animals and all necessary surveying instruments and camp equipage and after more than twelve months service in the field a complete and comprehensive record of the lands, of the entire Territory is now being filed in the headquarters office at Mus- kogee. By act of congress, townsite property, cemeteries, railroad rights of way, church and school sites, have been reserved from allotment, and the definite- location of t^iese lands and acreage thus occupied has been determined and properly designated on the official land hook now being compiled. In the Chickasaw and Choctaw Nations more than seventy towns wiih an area of from 40 to 2,5' >0 acres each, together with the cemetery reservations have been located and more than 2,000 miles of rights of way have been mapped and segregated from the allotment. The areas in the boundary line townships and along the meandered streams have been determined by the U. S. Geological Survey plats and these areas and lot numbers are transferred to the office records. In thf Southeastern portion of the Choctaw Nation, in what is known as the timber belt it was found impractical to operate with the regulation camp outfit, and the six camps in this section were equipped with pack trains, three Mexican burros, and by establishing open camps good progress has. been made. Expert timber estimators were put in this part of the Territory and a careful estimate of the timber and its value is included in the weekly- reports of the venous camps. From the total acreage of the Territory thus- determined the reserve land not subject, to allotment has been taken, the amount of each class computed and a value per acre placed on each class. This value in dollars will he divided into as many parts as there are citi- zens of the Five tribes, and when the amount due each citizen is determined, a patent for the same will be issued in conformance with the treaty stipu- lations. The work of determining who are citizens of the various tribes has been exceedingly complicated by the absence,, of any official record and this has necessitated a judicial inquiry into the geneology of practically all of the ap plicants. These inquiries are conducted in the same manner as suits of law, the nations being represented by counsel, the applicants appearing with his, witnesses and attorneys. A complete stenographic transcript of all proceed- ings thus held is kept, and on this record a judgment is found by the Com- mission. It has often happened that the claimant or the Nation, dissatisfied with the decision rendered has appealed to the U. S. courts of the Terri- tory, and where the applicant has been denied citizenship by the Commis- sion and on appeal the Courts have sustained his application, he becomes what is termed a “Court Citizen” and as such is recorded on the rolls. Much of the testimony in these citizenship cases is giyen by full-bloods through, interpreters, and the hearings are thus rendered long and telious and the records voluminous. To expedite the work of completing the citizenship rolls, what is known as enrolling parties have visited all sections of ’he Ter- ritory, these parties being in charge of one or more members of the Com- mission. Months have been spent in the remotest sections by these parties, who, living in tents and with tents for offices have been able to go into the full hlood settlements and get the necessary information from Indians who would not appeal before the Commission elsewhere. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 7 The Commission has passed on the applicants for citizenship in the re- spective tribes and rendered judgment in the case of each person: Choctaws .. . . 18(530 Choctaw Freedmen 4169 Chickasaws 6425 ' Chickasaw Freedmen 5620 Mississippi Choctaws 2588 C; eeks 8500 Creek Freedmen 5000 Seminoles 2826 Total 53758 Cherokees estimated 30000 Delawares 1000 Among these citizens the land will be divided as follows: In the Seminole Nation the total acreage is 36585 l In the Creek Nation the total acreage is 3072812 In the Cherokees and Delawares the total acreage is 4958293 In the Chickasaw Nation the total acreage is 4703108 In the Choctav/ Nation the total acreage is 6974351 The citizenship rolls have been completed in the various Nations, classi- fication has been finished and a record made of the same and from the land offices established, final allotments are now being made. All of the worn done to date has been expeditiously carried on and the largest estate per- naps in the history of the world is being administered on in such a manner that the thousands of beneficiaries, whether intermarried, shrewd business men or ignorant full blood Indian will each get an equal share. For the work here there has been no precedent, after it, there will be no duplicate. To determine the value of 19574416 acres of land of all the grades known to the American people, to determine the number and names of more than 80,000 heirs to this land, to make a complete official record on which not only the abstract of title for this vast domain shall start but also of the right- ful participants, and in doing this to put in motion the machinery requiring more than four hundred surveyors, appraisers, expert timber estimators, draughtmen, stenographers and clerks, to establish and maintain a legal bureau and court, all without a precedent to follow, is a task only realized by those keeping in close touch with the work, and this is the task imposed on the Commissioners. The Commission as now composed consists of Hon. Tams Bixby, Chairman, Col. T. B. Needles, Hon. C. F. Breckenridge, and ex-Governor Stanley of Kansas, with Mr. Allison L. Aylesworth as secre- tary, and to these gentlemen will fall the task of completing the work. Supplemental Creek Create •Mow in jforce. The supplemental treaty of the Creek Nation is as follows: “An aci to Ratify and Confirm a Supplemental Agreement With the Creek Tribe of todians, and for Other Purposes.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following supplemental 8 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. agreement, submitted by certain commissioners of the Creek tribe of Indians, as herein amended is hereby ratified and confirmed on the part of the United States and the same shall be of fr’I force and effect if ratified by the Creek, tribal council on or before the first day of September, nineteen hundred and two, which said supplemental agreement is as follows: This agreement by and between the United States, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tams Bixby, Thomas B Needles and Clifton R. Breckenridge, duly appointed and; authorized thereunto, and the Muskogee (or Creek) tribe of Indians, in In- dian Territory, entered into in behalf of the said tribe by Pleasant Porter, principal chief, Roley McIntosh, Thos. W. Perryman, Amos McIntosh, and' David M. Hodge, commissioners duly appointed and authorized thereunto, witnesseth, that in consideration of the mutual undertakings herein con- tained it is agreed as follows: DEFINITIONS. The words ‘ Creek” and “Muskogee” as used in this agreement shall he. deemed synonymous, and the words “Nation” and “tribe” shall each be deem- ed to refer to the Muskogee Nation or Muskogee tribe of Indians in Indian Territory. The words “principal chief” shall be deemed to refer to the prin- cipal Chief of the Muskogee Nation. The words “citizen” or “citizens” shall be deemed to refer to a member or members of the Muskogee tribe or na- tion of Indians. The word “Commissioner” shall be deemed to refer to the United States Commission to the Five Civilized Tribes. ALLOTMENT OF LANDS. 5 2. Section 2 of the agreement ratified by act of Congress approved. March, 1901, (31 Stat. L. 861), is amended and as so amended is re-enacted to read as follows: All lands belonging to the Creek tribe of Indians in Indian Territory, except townsites and lands reserved for Creek schools and churches, railroads; and town cemeteries in accordance with the provisions of the act of Con- gress, approved March 1st, 1901, (31 Stat. L. 861), shall be appraised at not. to exceed $6.50 per acre, excluding only lawful improvements on lands in act- ual cultivation. Such appraisement shall be made, under the direction and supervision of the Commission to the Five Civilized Tribes, by such number of Commit- tees with necessary assistance as may be deemed necessary to expedite the work, one member of each committee to be appointed by the principal chief. Said Commission shall have authority to revise and adjust the work of said committees; and if the members of any committee fail to agree as to the value of any tract of land, the value thereof shall be fixed by said Com- mission. The appraisement so made shall be submitted to the Secretary of the Interior for approval. 3. Paragraph 2 of section 3 of the agreement ratified by said act of Con- gress approved March 1, 1901, is amended and as so amended is re-enacted to read as follows: If any citizen select lands the appraised value of which is $6.50 per acre, he shall not receive any further distribution of property or funds of the- tribe until all other citizens have received lands and moneys equal in value to his allotment. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 9 4. Exclusive jurisdiction is hereby conferred upon the Commission to the SFive Civilized Tribes to determine, under the direction of the Secretary of the Interior, all controversies arising between citizens as to their right to select certain tracts of land. 5. Where it is shown to the satisfaction of said Commission that it was the intention of a citizen to select lands which include his home and im- provements, but through error and mistake he had selected land which did not include said home and improvements, said Commission is authorized to cancel said selection and the certificate cf selection or allotment embracing said lands, and permit said citizen to make a new selection including said home and improvements; and should said land ir eluding said home and im- provements have been selected by any other citizen of said nation the citizens owning said home and improvements shall be germittd to file, within ninety days from the ratification of this agreement, a contest against the citizen having previously selected the same and shall not be prejudiced therein by reason of lapse of time or any provision of law or rules and regulations to the contrary. DESCENT AND DISTRIBUTION, 6. The provisions of the act of Congress approved March 1, 1901, (31 ‘Stat. L. 861), in so far as they provide for descent and distribution accord- ing to the laws of the Creek nation, are hereby repealed and the descent and distribution of land and money provided for by said act shall be in accor- dance with chapter 49 of Mansfield’s Digest of the Statutes of Arkansas now in force in Indian Territory: Provided, That only citizens of the Creek Nation, male and female, and their Creek descendants shall inherit lands of the Creek Nation': And Provided Further: That if there be no person ©f Creek citizenship to take the descent and distribution of said estate, then the inheritance shall go to non-citizen heirs in the order named in said chapter 49. ROLLS OF CITIZENSHIP. 7. All children born to those citizens who are entitled to enrollment as provided by the Act of Congress approved March 1, 1901, (31 Stat. L. 861), subsequent to luly 1, 1900, and up to and including May 25th, 1901, and living upon the latter date shall be placed on the rolls made by said Commission, and if any such child has died since May 25, 1901, or may hereafter die before receiving his allotment of lands and distributive share of the funds of the tr>he, the lands and moneys to which he would be entitled if living shall •descend to his heirs as herein provided and be allotted and distributed to them accordingly. 8. All children who have not heretofore been listed for enrollment living May 25th, 1901, born to citizens whose names appear upon the authenticated rolls of 1890 or upon the authenticated rolls of 1895 and entitled to enroll- ment as provided by the act of Congress approved March 1, 1901, (31 Stat, L. 861), shall be placed on the rolls made by said Commission. And if any such child has died since May 25th, 1901, or may hereafter die before re- ceiving his allotment of lands and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall de- scend to his heirs as herein provided and be allotted and distributed to them accordingly. 9. If the rolls of citizenship provided for by the act of Congress ap- proved March 1 , 1901, (31 Stat. L. 861), shall have been completed by said 10 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Commission prior to the ratification of this agreement, the names or child- ren entitled to enrollment under the provisions of sections seven and eight hereof shall be placed upon a supplemental roll of citizens of the Creek Na- tion, and said supplemental roll when approved by the Secretary of the Interior shall in an respects be held to be a part of the final rolls of citizenship of saiJ tribe: Provided : That the Dawes Commission be, and is hereby autho Ized, to add the following persons to the Creek roll: Nar-wal-le-pe-se, Mary Washington, Walter Washington and Willie Washington, who are Creek Indians but whose names were left off roll through neglect on their part. ROADS. 10. Public highways or roads 3 rods in width, being one and one-ha'd rods on each side of the section line, may be established along all section lines without any compensation being paid therefor; and all allottees, pur- chasers, and others shall take the title to such lands subject to this provision And public highways or roads may be established elsewhere whenever nec- essary for the public good, the actual value of the land taken elsewhere than along section lines to be determined under the direction of the Secretary of the Interior while the tribal government continues, and to be paid by the Creek Nation during that time; and if buildings or other improvements are damaged in consequence of the establishment of such public highways or roads, whether along section lines or elsewhere, such damages, during the continuance of the tribal government, shall be determined and paid in the same manner. 11. In all instances of the establishment of town sites in accordance with the provisions of the act of Congress approved on May 31, 1000, (31 Stat. L 231), or those of section 10 of the agreement ratified by act of Con- gress approved March 1, 1901, (31 Stat. L. 861), authorizing the Secretary of the Interior upon the recommendation of the Commission to the Five Civilized Tribes, at any time before allotment, to set aside and reserve from allotment any lands in the Creek Nation not exceeding 160 acres in any one tract at such stations as are or shall be established in conformity with law os the line of any railroad which shall be constructed or be in process of con- struction, in or through said nation prior to the allotment of lands therein, any citizen who shall have previously selected such townsite, or any portion thereof, for his allotment, or who shall have been by reason of improvements therein entitled to select the same for his allotment shall be paid by the Creek Nation the full value of his improvements thereon at the time of the es- tablishment of the town site, under rules and regulations to be prescribed by the Secretary of the Interior; Provided, however: That such citizens may purchase any of said lands in accordance with the provisions of the Act of March 1. 3901, (31 Stat. L. 61); And Provided Further: That the lands which may hereafter be set aside and reserved for town sites, upon recommendation of the Dawes Commission as herein provided shall embrace such acreage as may be necessary for the present needs and reasonaoie prospective growth of such town sites and not to exceed 640 acres for eacn town site, and ten per cent of the net proceeds arising from the sale of that portion of the land within the town site so selected by him, or which he was so entitled to select; and this shall be in addition to his right to receive from other lands di allotment of 160 acres. CEMETERIES. 12. A cemetery other than a town cemetery included with in the bounda- / BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 11 ries of an allotment shall not he desecrated by tillage or otherwise, but no interment shall be made therein except with the consent of the allottee, and any person desecrating by tillage or otherwise a grave or graves in a cemetery included within the boundaries of an allotment shall be guilty of -a misdemeanor, and upon conviction be punished as provided in section 567 of .Mansfield’s Digest of the Statutes of Arkansas. 13. Whenever the town site surveyors of any town in the Creek Nation shall have selected and located a cemetery as provided in section 18 of the Act of Congress approved March 1, 1801, (31 Stat. L. 861), the town author- ities shall not h-j authorized to dispose of lots in such cemetery until payment shall have been made to the Creek nation for land used for said cemeteries as provided ir-. said Act of Congress, and if the town authorities fail or refuse to make payment as aforesaid within one year of the approval of the plat of said cemetery by the Secretary of the Interior, the land so reserved shall revert to the Creek Nation and be subject to allotment. And for lands here- tofore or hereafter designated as parks upon any plat or any town site the town shall make payment into the Treasury of the United States to the ■credit of the Creek Nation within one year at the rate of $20 per acre, and if such payment be not made within that time the lands so designated as a park shall be platted into lots and sold as other town lots. MISCELLANEOUS. 14. All funds of the Creek Nation not needed for equalization of allot- ments, including the Creek school fund, shall be paid out under the direc- tion of the Secretary of the Interior per capita to the citizens of the Creek Nation on the dissolution of the Creek tribal government. 15. The provisions of section 24 of the Act of Congress approved March 1, 1901, (31 Star.. L. 1 861), for the reservation of land for the six established Creek court houses, is hereby repealed. 16. Lands alloted to citizens shall net in any manner whatever or at any time be encumbered, taken or sold to secure or satisfy any debt or obligation nor be alienated by the allottee or his heirs before the expiration of five years from the date of the approval of this supplemented agreement, except with the approval of -the Secretary of the Interior. Each citizen shall select from his allotment forty acres of land, or a quarter of a quarter section, as a homestead, which shall be and remain non-taxable, inalienable and fre*j from any incumbrance whatever for twenty-one years from the date of the deed (herefor, and a separate deed shall be issued to each allottee for hi" homestead , m which this condition shall appear. Selections or homesteads for minors, prisoners, convicts, incompetents and aged and infirm persons, who cannot select for themselves, may be made in the manner provided for the selection of their allotments, and, if for any reason, such selection be not made for any citizen it shall be the duty of said Commission to make selection for him. The homestead of each citizen shall remain, after the death of the allottee for the use and support of chil- dren born to him after May 25, 1901, but if he have no such issue then he may dispose of his homestead by will, free from the limitation herein impos- ed, and if this he not done the land embraced in his homestead shall descend to his heirs, tree from such limitation, according to the laws of descent here- in otherwise prescribed. Any agreement or conveyance of any kind or char- acter violative of any of the provisions of this paragraph shall he absolutely void and not susceptible of ratification in any manner, and no rule of estoppel 12 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. shall ever prevent the assertion of its invalidity. 17. Section 37 of the agreement ratified by said Act of March 1, 1901, i 3 amended and as so amended is re-enacted to read as follows: “Creek citizens may rent their allotments, for strictly non-mineral pur- poses, for a term not to exceed one year for grazing purposes only, and for a period not to exceed five years for agricultural purposes, but without any stipulation or obligation to renew the same. Such leases for a period longer than one year for grazing purposes, and for a period longer than five years for agricultural purposes and leases for mineral purposes may also be made with the apporval of the Secretary of the Interior, and not otherwise. Any agree - naent or lease of any kind or character violative of this paragraph, shall be absolutely void and not susceptible of ratification in any manner, and no rule of estoppel shall ever prevent the assertion of its invalidity. Cattle grazed upon leased allotments shall not be liable to any tribal tax, but when cattle are introduced into the Creek Nation and grazed on lands not selected for allotment by citizens, the Secretary of the Interior shall collect from the owners thereof a reasonable grazing tax for the benefit of the tribe, and section 2117 of the Revised Statutes of the United States shall not hereafter apply to Creek lands. 18. When cattle are introduced into the Creek Nation to be grazed upo* either lands not selected for allotments or upon land allotted or selected for allotment, the owner thereof or the party or parties introducing the same shall first obtain a permit from the United Staes Indian Agent, Union Agency, authorizing the introduction of said cattle. The application for said permit shall state the number of cattle to be introduced, together with a description ®f the same, and shall specify the land upon which said cattle are to be grazed, and whether or not said lands have been selected for allotment. Cattle so introduced and all other live stock owned or controlled by non-citizens of the nation shall be kept upon inclosed lands, and if any such cattle or other live stock trespass upon lands allotted to or selected for allotment by any citizen of said nation, the owner thereof shall, for the first trespass, make reparation to the party injured for the true value of the damages he may have sustained, and for every trespass thereafter double damages to be recovered with costs, whether the lard upon which trespass is made is enclosed or not. Any person who shall introduce any cattle into the Creek Nation in vio lation of the provisions of this section shall be deemed guilty of a misde- meanor and punished by a fine of not less than $100 and shall stand com- mitted until such fine and costs are paid, such commitment not to exceed one day for every $2 of said fine and costs; and every day said cattle are permit- ted to remain m said nation without a permit for their introduction having been obtained shall constitute a separate offense. 19. Section 8 of the agreement ratified by said Act of March 1, 1901. is amended and as so amended is re-enacted to read as follows: “The Secretary of the Interior shall, through the United States Indian Agent in said Territory, immediately after the ritification of this agreement, put each citizen who has made selection of his allotment in unrestricted posses' sion of his land and remove therefrom all persons objectionable to h : m; and when any citizen shall thereafter make selection of his allotment as herein provided and receive certificate therefor, he shall be immediately thereupon so placed in possession of bis land, and during the continuance of the tribal government, the Secretary of the Interior through such Indian Agent, shall protect the allottee in his right to possession against any and all persons BRADLEY'S MANUAL OF STATISTICAL INFORMATION. IS claiming under any lease agreement or conveyance not obtained in conformi- ty to law. 20. This agreement is intended to modify and supplement the agreement, ratified by said Act of Congress approved March 1, 1901, and shall be held to repeal any provision in that agreement or in any prior agreement, treaty, or law in conflict herewith. 21. This agreement shall be binding upon the United States and the Creek Nation, and upon all persons affected thereby when it shall have been ratified by Congress and the Creek National Council, and the fact of seek ratification shall have been proclaimed as hereinafter provided. 22. The principal chief, as soon as practicable after the ratification of this agreement by Congress, shall call an extra session of the Creek National council, and submit this agreement as ratified by Congress, to such council for its consideration, and if the agreement be ratified by the National coun- cil as provided n the constitution of the tribe, the principal chief shall transmit to the President of the United States a certified copy of the act of the coun- cil ratifying the agreement, and thereupon the President shall issue his pro- clamation making public announcement of such ratification thenceforward all the provision of this agreement shall have the force and effect of law. Approved, Jime 30th, 1902. The law of Descent and Distribution referred to in above treaty is as follows : Section 2522. When any person shall die, having title to any real estate ®f inheritance, or personal estate not disposed of, nor otherwise limited by marriage settlement, and shall be intestate as to such estate, it shall descend and be distributed in parcenary to his kindred male and female, subject t.c the payment of his debts and the widow's dower, in the following manner: First: To children, or their descendants in equal parts. Second: If there be no children, then to the father, then to the mother; if no mother, then to the brothers and sisters or their descendants, in equal parts. Third: If there be no children, nor their descendants, father, mother, brothers or sisters, nor their descendants, then to the grandfather, grand- mother, uncles and aunts, and their descendants, in equal parts, and so on in other cases, without end, passing to the nearest lineal ancestor, and their children and their descendants, in equal parts. Section 2523. Posthumous Children of the intestate shall inherit in like manner as if born in the life time of the intestate, but no right of inheritance shall accrue to any person other than the children of the intestate, unless they be born at the time of the intestate’s death. Sec. 2524. Illegitimate children shall be capable of inheriting and trans- mitting an inheritance, on the part of their mother, in like manner as if they had been lesdtimate of their mother. Sec. 2525. If a man have by a woman a child or children, and afterward shall intermarry with her, and shall recognize such children to be his, they shall be deemed and considered as legitimate. Sec. 2526. The issue of all marriages deemed null in law, or dissolved by divorce, shall be deemed and considered as legitimate. Sec. 2527. In making title by descent it shall be no bar to a demandant that any ancestor through whom he derives his descent from the intestate is. or has been an alien. Sec. 2528. If there be no children or their descendants, father, mother- 14 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. nor their descendants, or any paternal or maternal kindred capable of inher- iting, the whole shall go to the wife or husband of the intestate. If there be no such wife or husband, then the estate shall go to the state. Sec. 2529. if any of the children of an intestate be living, and some be dead, the inheritance shall descend to the children who are living, and to the descendants of such children as shall have died, so that each child who shall be living shall inherit such share as would have descended to him if all the children of the intestate who shall have died leaving issue had been living; so that the descendants of each child who shall be dead shall inherit the same their parents would have received if living. , Sec. 2530. The rule of descent prescribed in the last preceding section shall apply in every case where the descendants of the intestate, entitled to share in the inheritance, shall be in equal degree of consanguinity to the intestate, so that those who are in the nearest degre of consanguinity shall take the shares which would have descended to them had all the descendants an the same degree who shall have died leaving issue been living so that tbe issue of the descendants who shall have died shall respectively take - the shares which their parents, if living, would have received. Sec. 2531. In cases where the intestate shall die without descendants, if the estate come by the father, then it shall ascend to the father and his heirs; if by the mother, the estate or so much thereof as came by the mother, shall ascend to the mother and her heirs; but if the estate be a new acquisi- tion it shall ascend to the father for his life time and then descend in re- mainder to the collateral kindred of the intestate in the manner provided in this act; and, in default of a father, then to the mother for her life time; then to descend to the collateral heirs as before provided. Sec. 2532. The estate of an intestate in default of a father and mother, shall go first to the brothers and sisters and their descendants, of the father; next, to the brothers and sisters, and their descendants, of the mother. This provision applies only where there are no kindred, either lineal or collateral, who stand in a nearer relation. Sec. 2533. Relations of the half-blood shall inherit equally with those af the whole blood in the same degree; and the descendants of such relatives shall inherit in the same manner as the descendants of the whole blood, unless the inheritance come to the intestate by descent, devise or gift, of some one of his ancestors, in which case all those who are not of the blood ®f such ancestors shall be excluded from such inheritance. Sec. 2534. In all cases not provided for by this Act, the inheritance shall descend according to the course of the common law. See. 2535. Whenever an inheritance or a share of an inheritance shall descend to several persons, under the provisions of this act, they shall in- herit as tenants in common, in proportion to their resceetive shares or rights. ADVANCEMENT. Sec. 2536. If any child of an intestate shall have been advanced by him, in his life time, by settlement or portion of real or personal estate, or both of them, the value thereof shall be reckoned for the purpose of this section, only as part of the real and personal estate of such intestate descendible to his heirs, and to he distributed to his next of kin, according to law; and if such advancement be equal or superior to the amount of the share which such child would be entitled to receive of the real and personal estate of the de- ceased, as herein reckoned, then such child and his descendants shall be ex- BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 15 eluded from any share of the real and personal estate of the intestate. Sec. 2537. In cases where such advancement is not equal to the shao»e that such child or relative and his descendants shall be entitled to receive, they shall be entitled to receive so much of the real and personal estate as shall be sufficient to make all the shares of the heirs in such real and personal estate and advancement to be as nearly equal as possible. Sec. 2538. 'the value of any real or personal estate so advanced shall be deemed to be that, if any, which was acknowledged by the person receiving the same by any leceipt, in writing, specifying the value; if no such written evidence exists, then such value shall be estimated according to its value at the time of advancing such money or property. Sec. 2539. The maintaining, educating or giving money to a child or heir, without a view to a portion or settlement in life, shall not be an advancement within the meaning of this act. CONSTRUCTION. Sec. 254U. The term "real estate” as used in this act, shall be construed t© include every estate, interest and right, legal and equitable, in lands, tene- ments and hereditaments, except such as are determined or extinguished by the death of the intestate, seized or possessed thereof in any manner, other than by lease for years and estate for the life of another person. Sec. 2541. The term “inheritance” is used in this act, shall be understood to mean real estate, as herein defined, descended according to the provis ions of this act. Sec. 2542. Whenever, in any pait of this act, any person is described as living it shall be understood that he w r as living at the time of the death of the intestate from whom the descent came; and when any person is described as having died, it shall be understood that he died before the intestate. Sec. 2543. The expression used in this act “where the estate shall hav® come to the intestate on the part of the “father” or “mother” as the case may be, shall be construed to include every case where the inheritance shall hav® come to the intestate by gift, devise or descent from the parent referred *©, or from any relative of the blood of such parent. Rev. Stat. Chap. 49. Heirs at law may be made by declaration in writing. Sec. 2544. When any person may desire to make a person his heir at law it shall be lawful to do so by a declaration in writing in favor of such person, to be acknowledged before any judge, justice of the peace, clerk of any court or before any court of record in this state. Sec. 2545. Before said declaration shall be of any force or effect it shall be recorded in the county where the said declarant may reside, or in the county where rhe person in whose favor such declaration is made may reside. Compilation of 1 Schedule of Creek Land in Acreage. Class 1. Natural open bottom land. Class 2. Best black prairie land. Class 3. ta) Bottom land covered with timber and thickets. Class 3 (b). Best prairie land other than black. Class 4 (a>. Bottom land subject to overflow. Class 4 (b). Prairie land, smooth and tillable. Class 5 (a;. Rough land free from rocks. Class 5 (bn Rolling land free from rocks. Class 6 (ay. Rock prairie land. Class 6 (b) Sandy prairie land. 16 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Class 7 (a). Alkili prairie land. Class 7 (b). Hilly and rocky land. Class 8 (a). Swamp land. Class 8 (b). Mountain pasture land. Class 9 (b). Mountain land, sandy loam Class 9 (b). Mountain land, silicious. Class 10 (a). Rough and rocky mountain land. Class 10 (.b). Flint hills. Number of Acres Classified in Creek Nation. Acres Class 1 12,410.09 Class 2 1,739.28 Class 3 (a) 194,590.94 Class 3 (b) 124,400.32 Class 4 (a) 112,385.65 Class 4 (b) 571,803.08 Class 5 (a) 298,507.51 Class 5 (b) 770,756.17 Class 6 (a) 202,744.71 Class 6 (bl 46,783.70 Class 7 (a) 31,135.39 Class 7 (b) 512,282 50. Class 8 (a) 25,469.50 Class 8 tb) 91,310 09 Class 9 (al 15,477.58 Class 9 (b) 1,464.42 Class 10 (a) 59,546.21 Total 3,072,813.16 RECAPITULATION. -Agricultural land 2157613 acres. Rocky Prairie land 215680 acres. Hilly and rocky land 618240 acres. -Mountain land 81280 acres. Number of Acres Classified in the Cherokee Nation. Class 1 11,646.57 Class 2 1,623.36 Class 3 (a) 143,836.03 Class 3 (b) . 231,990.78 Class 4 (a) 213,903.87 Class 4 (b) 899,207.05 Class 5 (a) 322,555.68 Class 5 (b) 634,948.27 Class 6 (a) 414,899.83 Class 6 (b) 5,673.75 Class 7 (aj 7,700.34 Class 7 (b) 614,362.08 Class 8 (a) 15,450.27 Class 8 (b) 159,394.27 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 17 Class 9 (a) Class 9 (b) Class 10 (a) Class 10 (b) 12,062.87 41,142.81 220,341.43 469,330.87 Total 4,420,070.13 fIDuskogce, fnbtati Aerator? The Railroad and Financial Center of the Southwest. Reliable statistics of the Present Condition of the City. In the WHEAT and FRUIT BELT of the Southwest. Climate is delightful and rainfall is generous. MUSKOGEE has a splendid location, but three miles from three of the largest rivers in the Territory. MUSKOGF.E is a place for the active, energetic business man, for the capitalist, the investor, the home seeker. MUSKOGEE has all the advantages of a city of ten times its size, with none of the disadvantages. “STORY OF MUSKOGEE.” A few facts about the Queen City of the Southwest. That Muskogee is the best and most promising city in the Southwest has long been known to her citizens. Investors in all parts of the Union are writing for information to find out what Muskogee has, what she expects to have and asking questions that anany of the best posted Muskogeeites cannot answer off hand. MUSKOGEE HAS INVESTED— Banks and trust companies — Capital $1,250,000, deposits, $1,500,000. Bakeries — Capital invested $3,000, sales $25,000. Bricks — Capital invested $3,000, sales $48,000. Brick vitrified — Capital invested $10,000 not yet in operation. Broom factory, $10,000 capital. Building and loan association — Capital invested $1,000,000. Buggies, Wagons, implements — Capital invested, $20,000 sales $48,000. Three cab lines — Capital invested $7,000. Canning factory — Capital invested, $10,000. Cattle on range — Capital invested, $500,000. Cattle shipped — Capital invested, $500,000. Coal and ice — Expended by dealers, $60,000. Cotton Gins — Value $40,000, value of product, $400,000. Cotton Compress — Capital invested $50,000. Cotton Seed Oil Mills — Capital invested $100,000, product 8,000 tons of seed crushed. Clothing, furnishings, etc. — Capital invested $90,000, sales $150,000. Churches— Value of property $65,000. Colleges — Value of property $250,000. Dry goods, notions, etc. — Capital invested $60,000, sales $300,000. 18 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Drugs — Capital invested $60,000, sales $98,000. Electric light and ice plant — Capital invested, $125,000. Express paid, $40,000. Furniture, capital invested $30,000, sales $100,000. Freight paid $350,000. Feed mills — Capital invested, $20,000, sales $75,000. Groceries, wholesale — Capital invested $200,000, sales $1,050,000. Groceries retail — Capital invested $160,000, sales $401,000. Green House — Capital invested $5,000. Harness and saddlery — Capital invested $25,000. Hardware — Capital invested $150,000, sales $340,000. Hides and furs — Capital invested $25,000. Ice cream factory — Capital invested $1,000, sales $3,000. Insurance premiums paid, $60,000. Jewelry — Capital invested $20,000, sales $40,000. Land leases — Capital invested $1,000,000. Laundry — Capital invested $12,000. Livery stables — Capital invested $22,000. Meat markets — Capital invested $5,000. Music stores — Capital invested $5,000. Millinery — Capital invested $1,000. Machine shop — Capital invested, $2,000. Magazines — Capital invested, $2,000. Printing offices — Capital invested, $17,000. Plumbing — Capital invested, $10,000. Pacing house products consumed, $114,000. Passenger traffic, $264,000. Two photograph studios — Value $3,000. Real estate sales, $6,000,000. Real estate companies- — Capital, $200,000. Shoes — Capital invested, $35,000, sales $100,000. Sickle bar manufactory — Capital $15,000. Undertaker’s supplies, $10,0000. Various, $100,000. Western Underwriters Insurance Co. of Muskogee — Capital, $200,00$. Total capital invested, $7,538,000. WHAT MUSKOGEE HAS— Population, 10,000. Six banks — Capital. $1,250,000; total deposits, $1,500,000. One U. S. Government depository — only one in Indian Territory. Six railroads — M.. K. & T.; Frisco; M., K. & O.; Muskogee Southern j Santa Fe; Mo. Pacific. Twenty cars of Muskogee freight received daily. Twenty-four freight trains pass every twenty-four hours. Fourteen passenger trains leave daily. Division headquarters, M. K. & T. Ry. ; Muskogee Southern Ry. ; Mus- kogee Union Ry.; Pullman Car Co. One cotton compress. One mattress factory. Two cotton gins. Two grist mills. One oil mill. / BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 19 ■One vitrified brick plant. One concrete block plant. One concrete block pant. Two daily newspapers. Four weekly newspapers. Ten monthly publications. Ten wholesale houses — Sales last year, $2, 000, 000. One hundred stenographers employed in city limits. Fifty lawyers. Twenty doctors. Fifty school teachers. Eight school houses Eleven churches. One opera house. United States officials. Federal court. Dawes Commission. Indian Inspector’s office. Indian. Agent. United States Marshal. United States District Attorney. Clerk United States court. Superintendent schools, Indian Territory. One Federal prison. Seven hotels — Three thousand guests each month. Forty modern brick blocks. Two hundred buildings in process of construction. Low rates of insurance. Electric lighted. Dong distance telephone service. Splendid water and sewerage system built by city. Free mail delivery in city. Two million letters cancelled in Muskogee postoffice last year. Fine fire department. Chamber of Commerce — Three hundred members. Real Estate Exchange — Thirty members. Muskogee cotton quoted as special on London Cotton Exchange. Eight thousand dollars worth of potatoes raised in 1903 on 120 acres of Muskogee land. Two crops of all vegetables raised each year. Cotton, corn, hay, wheat and oats grow in abundance. Fine opportun- ity in fruit, melons and poultry. Unlimited supply of building stone in corporate limits. Oil and gas assured. Franchise fcr street railroad granted. Political parties equally divided. Two hundred and fifty miles south of Kansas City. Two hundred miles north of Dallas. Four hundred miles northwest of Memphis. Five hundred miles southeast of Denver. One night’s ride from St. Louis. Situated in the heart of the best and last new country to be opened. / 20 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. As cosmopolitan as New York; as hustling as Chicago. Destined to be the best city of the great Southwest. Best place for investment west of the Mississippi river. Seventy thousand dollars raised in one day as bonus for a railroad which is now in course of construction. Cotton, corn, hay, wheat and oats grow in abundance. Fine opportun- ities in fruit, melons and poultry. Openings in all lines of business. IReoulations for tbc Sale anb Xease ©f Creel! ‘ilan&s. Section 1. Creek citizens desiring to sell such of their lands as they are by law authorized to sell with the approval of the Secretary of the In- terior, may apply to the Indian Agent, or other officer in charge of the Union Agency, Muskogee, Indian Territory, by petition, in duplicate, con- taining an accurate description of the land and improvements thereon, praying that such land may be sold in accordance with these regulations, stating facts to show title, and why it will be for the best interest of the owner to sell it for a fair price and signed by all persons, or their legal rep- resentatives having any interest in the land. A form of petition has been prescribed which must be used. 1. When such Indian agent or other officer in charge shall be satisfied that the facts alleged in the petition are sufficient, he shall cause a memo- randum record of the same to be made in a book to be kept for that purpose, and shall file the petition in his office. The duplicate copy of such petition shall be immediately forwarded to the Commissioner of Indian Affairs by such agent or other officer in charge, who, before so forwarding it, shall en- dorse thereon the date the same was received by him and the date the land described therein will be listed for sale. 2. Such agent or other officer in charge shall on each Monday morning post in a conspicuous place in his office, in such large letters and figures a* shall be clearly legible, for a period of sixty days, a list of the lands de- scribed in petitions received by him during the week preceeding such Mon- day, showing in separate columns the names of the owners, the description of the lands, the dates when listed and the dates when the bids will he op- ened, and such list shall be accessible to the public at all times in the bus- iness hours of the office. On each Monday the Indian agent or other officer in charge will forward to the Commissioner of Indian Affairs a complete list of all lands posted in his office for sale. 3. When any tract of land has been so listed, the Indian agent or other officer in charge, when competent from his general knowledge of the valaa of the land, shall visit, view and appraise the same at its true value, accord- ing to his best judgment. If such agent or other officer is not so competent, or if it shall be impracticable for him to personally visit and appraise the land, he shall require the appraisement to be made in like manner by a competent officer or employee under his charge. A certificate of said ap- praisement, signed and sworn to by the person making it, shall be sealed and and not opened until the sealed bids for that tract of land are opened. The appraisement shall not be made public, but no bid less than the appraised value shall be considered. If the BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 21 the appraisement is made by other than the agent or officer in charge, such agent or officer in charge shall add his certification of the qualifications and integrity of the appraiser, and that he believes the appraisement to be tne true value of the land. 4. Sealed bids will be received by such agent or other officer in charge at his office for any lands so listed, at any time before the day on which the bids are opened. If a bidder desires to bid on tracts not contiguous he must submit a separate bid for each tract, and if he desires to purchase less than an entire tract offered he may submit a bid for ope or more legal subdivi- sions thereof. 5. All such bids shall be enclosed in a sealed envelope, upon which must be written “Bid for Creek land, described as follows,” followed by a descrip- tion of the land, before the same is deposited with the Indian Agent or other officer in charge. Bids shall be numbered by such Indian Agent or other officer in charge In the order in which the same shall be received by him, and a memorandum record of each, containing number of bid and description of land, shall be kept in book suitable for that purpose. Each bid must be accompanied by a duly certified check on some solvent bank, payable to the Commissioner of Indian affairs, for the use of the grantors, for twenty per cent of the amount offered, as a guarantee for the faithful performance of his propo- sition. If the bid shall be accepted and the successful bidder shall, within a reasonable time, not exceeding ten days, after due notice, fail to comply with the terms of his bid, such check shall be forfeited to the use of the owner of the land. 6. The right to reject any or all bids is reserved, but in all ca.ses the highest bid shall be accepted by such Indian Agent or other officer in charge, and such acceptance shall be subject to the approval of the owner of the land 7. Purchasers shall, before delivery of deed, pay all costs of conveyanc- ing, and, in addition thereto, to cover the expenses of advertising, the sum of one dollar when the purchase price does not exceed $1000; one dollar and twenty-five cents when the purchase price exceeds $1,000 and does not ex- ceed $2,000; ana one dollar and fifty cents when the purchase price exceeds $2,000. 8. Bidders and other interested persons may be present when bids are opened. When opened the bids shall be so recorded, in a book kept for that purpose, so as to show the name of the bidder description of land, amount of- fered, and action taken thereon. 9. Listed lands not disposed of at the appointed time may, if the owner so desires, be relisted under the same rules as governed its original listing, except in any case where the owner has refused to approve Ihe highest bid, when such bid is deemed by the Indian Agent or other officer in charge to be a fair price for the land, and in such case the land may be relisted as afore said, in the discretion of the Indian Agent or other officer in charge. 10. When bids are opened the certified check accompanying each shall, as soon as practicable, be returned to the bidder (except that accompanying the accepted bid) by the Indian Agent, or other officer in charge, who shall take the bidder’s receipt for the same, of which he shall in each case make full report to the Commissioner of Indian affairs without unnecessary delay. 11. The Commissioner of Indian Affairs shall cause an advertisement of lands listed to be published in at least one weekly newspaper published at Muskogee, Indian Territory, and such additional weekly newspapers as he 22 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. may deem advisable, so that each tract listed shall, as nearly as may be prac- ticable, be advertised : during the listed period. 12. The advertisement shall contain a description of the land as listed and shall state 'that sealed bids will be received therefor at the agency until the day when bids are to be opened, which day shall be clearly specified, and that such sealed bids must be accompanied by and contain a duly certi- defi check on some solvent bank, payable to the order of the Commissioner fo Indian Affairs, for twenty per cent of the amount of the bid, and that fur- ther information and a copy of rules aud regulations applicable may be had at the Union agency. 13. In addition to such advertisement the Commissioner of Indian Af- fairs shall cause public notice to be given by publication in a ^newspaper published at Muskogee, Indian Territory, that rules and regulations and any other information relative to sale of Creek lands may be obtained on applica- tion to the Indian agent, Union agency, Muskogee, Indian Territory, and such publication shall continue until otherwise ordered by the Commissioner of Indian affairs. Sec. 2. The deed must be executed in the presence of two subscribing witnesses and duly acknowledged before the Indian agent at Union Agency, a notary public, or other officer duly authorized to take acknowledgements of deeds. The witnesses must make affidavit that the deed was in their pres- ence read and fully explained to the grantor, and that he understood the nature, contents, and effect thereof, and approved and signed the same in their presence. Sec. 3. buch deed when transmitted by the Indian agent, or o.her offi- cer in charge, for the Secretary’s approval, must be accompanied by the or- iginal petition; the certificate of appraisement; all bids relating to she land covered by such deed; a duly certified check on a solvent bank for the full purchase price, payable to the order of the Commissioner of Indian Affairs; and a full report by the Indian Agent or other officer in charge of all pro- ceedings previous to the execution of the deed, also (1) . By the certificate of the Indian Agent, or officer before whom the deed was acknowledged, that the contents, purport, and effect of the deed were explained to and fully understood by the grantor or grantors; that the consideration specified in the deed is a fair price for the land; that the con- veyance is in every respect free from fraud or deception; and that the land, described in the deed is no part of the grantor’s homestead. The affidavits of the grantor or grantors, and the grantee cr grantees, must accompany such deed, showing that there is no contract, agreement, or understanding (written or verbal) whereby the' consideration mcney or price paid for the land, or any portion thereof, is to be refunded to the purchaser of the deed; nor any live slock, implements, other articles or things are to be exchanged or taken in lieu of said consideration ot purchase price, or any portion there- of for said lands. The deed must also be accompanied by an affidavit of the grantee (or grantees) stating that he (she or (hey) is not a party to any association or combination of persohs to acquire the land described in the deed at less than its fair value, or to prevent open and fair competition in the purchase thereof, and that neither the grantor, nor anyone acting for him in his place, has been given or promised any money or other thing by the grantee or by anyone with his advice, consent, or knowledge, except the con- sideration named in the deed, to induce him to agree to such sale of his land. (2) . When the deed has been returned to the Indian Agent, duly approv- BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 23 ed by the Secretary of the Interior, it shall be accompanied by the certified check for the purchase price duly endorsed, with appropriate instiuctions from the Commissioner of Indian affairs to the Indian Agent relative to the delivery of the deed to the grantee and the payment of the purchase price to the grantor. The Indian Agent in reporting on deeds will be careful ta show the value of the land, as appraised by the Commission to the Five Civ- ilized Tribes, in order that the Department may know how it was classified for distribution. He will ascertain whether the party or parties seeking to sell are the parties to whom the land was allotted, and will give his opinion as to whether the instrument should be approved with his reasons for such opinion. LEASES. Sec. 4. No lease will be approved for a greater term of years than as follows: Three years for grazing purposes, ten years for agricultural purpos- es, and fifteen years for mineral purposes. All leases must be in quadrupli- cate and be executed in the presence of two subscribing witnesses, one pail to be filed in the office of the Commissioner of Indian Affairs, one with the agent, Union Agency, one to be delivered to the lessee, and one to the lessor Sec. 5. All leases must accurately describe the lands, specify the rents or royalties and when the same are to be paid, and they must contain a pro- vision to the effect that if the lessee shall fail to pay the rents or royalties on any part thereof when due, or shall fa^ to faithfully comply with the terms and conditions of the lease, such failure shall constitute a forfeiture of the lease and all improvements placed on the land by the lessee, and that the lessor shall oe entitled to immediate possession of the leased lands and the improvements located thereon. All improvements placed on the lands by the lessee to an agricultural or grazing lease, or anyone holding under him as a sublessee, or otherwise shall, at the expiration of the lease, be and become the property of the own- er of the land. This regulation is also applicable to all improvements and buildings plae- de upon lands leased for mineral purposes, except tools, boilers, boiler houses, pipe lines, pumping and drilling outfits, tanks, engines, casings oc all dry or exhausted wells, and machinery. All original lessees, except of mineral lands as hereinafter provided, shall be required to furnish a bond executed by two or more sufficient sureties, each of whom must justify under oath to an amount equal to the entire ren tal, guaranteeing the payment of all rents at the time and in the manner specified in the lease, and the performance of all covenants and agreements named in the indenture to be paid and performed by the lessee. Each mineral lease must be accompanied by' an application, under oath by the lessee, upon blanks to be furnished by the agent. Each applicant will be required to state that the application is not made for speculation, but in good faith, and where the lease if for mining purposes, for mining the mineral or minerals specified including oil and natural gas. A map must accompany each application, therein showing the amount of land or each legal subdivision supposed ti be underlaid with mineral, oil, or natural gas, as the case may be, and if mineral other than oil or natural gas, the quantity that can probably be min- ed. Applicants must furnish such other information as may be desired by the agent regarding their prospective operations. Applications by parties who do not themselves intend to conduct operations on the land will be rejected. 24 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Should the application be approved, bond will then be required as provided lor hereinafter. In all mineral leases it must be provided that only so much of the surface of the land described as may be reasonably necessary to carry on the work contemplated may be occupied by the lessee. All original lessees of mineral lands shall be required to furnish a bond, with two or more sufficient sureties, or a responsible surety company, guar- anteeing the payment of all royalties and rents at the time and in the man- ner specified in the lease to be paid and performed by the lessee. Such . ments named in the lease to be paid and performed by the lessee. Such bond shall he in amount as follows? For leases covering 40 and less than 80 $1,000; for those covering 80 acres and less than 120, $1,500; for those cover- ing 120 acres and not more than 160, $2,000, and for each 40 acre tract, or fractional part thereof, above 160 acres, an additional amount of $500; but the right is specifically reserved to increase the amount of such bond above the sums named in any particular case where the Secretary of the Interior deems it proper to do so. No lease shall be sublet, transferred, or assigned without the consent and approval of the Secretary of the Interior. All mineral leases shall provide for the payment of advanced annual royalty in sums of not less than 15 cents per acre per annum for the first and second years, 30 Cents per acre per annum for the third and fourth years, and 75 cents per acre per annum for the fifth and each succeeding year thereafter, for the term for which the lease is to run, the sums thus paid to be a credit on the stipulated royalties should the same exceed in any one year the amount of the advanced payment. All oil and gas leases shall provide for the payment of a royalty of 10 per cent of the value on the leased premises of all crude oil extracted from said land, to be paid monthly, on or before the 25th day of the month sue ceeding that in which it is produced, and the average value of the oil during the month in which it is produced shall constitute the criterion for computing the royalty. The royalty on natural gaas shall be fixed by the Secretary of the Interior at the end of each year, or oftener in his discretion. All coal and asphalt leases shall provide for the payment of royalties as follows, to wit: On asphaltum, the sum of 10 cents per ton for each and every ton of crude asphalt produced weighing 2,000 pounds, or the sum of 60 cents per ton on refined asphalt; on the production of all coal mined, the sum of 8 cents per ton of 2,000 pounds on mine-run, or coal as it is taken from the mines, including what is commonly called “slack.” All such royalties shall be paid monthly as hereinbefore provided for oil and gas. All mineral lessees must agree to allow the lessor and his agents from time to time to enter upon and into all parts of the leased premises for the purpose of inspection, and agree to keep a full and correct account of all + heir operations and make report thereof, under oath, promptly after the end of each month, to the lessor, and to the Secretary of the Interior, through such officer as he may designate, and their books shall be open at all times to the examination of such officers of the Department as shall be instructed m writing by the Secretary of the Interior to make such examination. The agent, before ‘'“ansmitting a lease, will ascertain whether the les- sor or lessors are m fact the parties to whom the land was allotted. Sec. 6. No person or corporation will be allowed to lease, within the territory occupied by the Creek and Cherokee Nations, for the purpose of BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 25 mining for oil and gas, more than 4,S00 acres of land in the aggregate. Any oil and gas leases presented to the Department must be accom- panied by an application by the lessee, for approval of such lease or leases, m the form of an affidavit, showing that the lessee is not directly or indi- rectly interested in any oil and gas leases or application for such leases, with- in the territory occupied by said nations, the lands embraced in which, with the tracts covered by the lease or leases presented for approval would mate more than 4,800 acres. Applications to have leases approved must follow the form on page 33 ■ also the following form: To the Secretary of the Interior: , of , hereby apply to have approved to the accom- panying oil and gas lease., in the Creek nation, Indian Territory, embracing in the aggregate, acres of land, viz: Lease executed , 190.., by , for .... acres. Lease executed 190.., by , for .... acres Lease executed ., 190.., by , for acres. Lease executed , 190.., by , for acres. Lease executed , 190.., by , for acres. Lease executed , 190.., by , for acres. Lease executed , 190.., by , for acres. Lease executed , 190.., bv , for acres. Lease executed 190.., by for acres. Lease executed , 190.., by , for acres. solemnly swear that .... not directly or indirectly interested in any oil and gas lease for any of the lands within the territory occupied by the Creek and Cherokee nations, in the Indian Territory, or application tor such lease, the lands embraced in which, with the tracts covered by the lease. , nerewith presented, would make more than 4,800 acres. United States of America, Indian Territory, Western Judicial District. Sworn to and subscribed before me this day of , 190. . (My commission expires ) DEEDS AND LEASES. Sec. 7. No lease or deed wll be approved that is executed prior to the approval and delivery of the deed to the allottee. Annxed to these regula- tions are forms of petition, deed, certificate of officers taking acknowledge- ment, affidavit of witnesses, grantor’s affidavit, grantee’s affidavit, certifi- cate of officer who appraised the land, lease, bond, and affidavit of surety, which forms must be followed in all cases. All deeds and leases will be transmitted by the Indian Agent, or other officer in charge, through the proper channels, for the Secretary’s approval. Sec. 8. The post-office address of each party in interest must be given in the instrument which it is sought to have approved, and the post-office ad- dress of each subscribing witness must appear on the papers. Sec. 9. A lease or conveyance of undivided inherited lands, or of un- divided allotments made directly to the heirs of a deceased citizen, will be 26 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. approved only in cases where all the heirs join In the lease, deed, or instru- ment of conveyance. Sec. 10. If inherited lands, or lands allotted directly to heirs of a deceased citizen, have been partitioned, evidence thereof must accompany a deed or instrument of conveyance of such lands. Sec. 11. In cases where the lands embraced in a lease, deed, or instru- ment of conveyance were inherited from one who died after the allotment was made to him, such lease, deed, or instrument of conveyance must be ac- ©ompanied by a certificate signed by two officials of the town or band of which such allottee was a member, or by two or more reliable members of the tribe, setting forth that the allottee to whom the land was originally ai- leted is dead, giving as nearly as possible the date of death. Such certifi- cate shall also show the names and ages of the heirs, adults, and minors of such deceased allottee but the Department reserves the right to require if in its judgment it shall be considered necessary, such further and addi- tional evidence relative to the heirship as may be deemed proper. If the persons who certify to the death of the allottee are, from their own knowl- edge, unable to certify as to who are the heirs (with their names and ages) of such deceasen allottee, an additional certificate made by persons of one of ths two classes herein specified, showing who are the heirs and giving their names and ages (adults and minors) must be furnished. And one of the certificates above mentioned, or an additional certificate made as above specified, must set forth definitely whether or not any children were born to such deceased allottee after Maj 25, 1901, and whether or not such deceased allottee dis- posed of his homestead or any portion of his allotment by will. Sec. 12. In cases where the lands embraced in a lease, deed or instru- ment of conveyance were allotted directly to the heirs of a citizen who died before receiving an allotment, such lease, deed or instrument of conveyance must be accompanied by a certificate signed by two officials of the town or hand of which such citizen was a member, or by two or more reliable mem- bers of the tribe, setting forth the names and ages of the heirs, adults and minors, of such deceased citizen, the Department reserving the right to re- quire additional evidence, as provided in section 11 hereof. Sec 13. If there shall have been, or shall hereafter he, probate or other court proceedings, establishing who are the heirs of such deceased allottee or such deceased citizen a certified copy of the final order, judgment or decree of the court showing and determining such heirship must be furnish- ed; hut where such court proceedings have not been had, a compliance with the requirements of the provisions of Sections 11 and 12 hereof, as the case may be, will be deemed sufficient to establish the heirship. Sec. 14. In cases of transfers, leases and sales to which minors >,re parties grantor, the transfer, lease or sale must he made by a guardian, and the lease heed, or instrument of conveyance must be accompanied by certified copies of the orders of the proper court appointing the guardian and authorizing him to make such transfer, lease or sale, and it must be fully understood that the Department reserves the right to use any means at its disposal for the purpose of ascertaining whether the consideration given is the fair value of the land, and whether the proposed lease or sale is for the best interests of the Indian. Sec. 15. Leases for minerals, other than coal, asphalt, oil and gee must be made on the form attached hereto. W. A. JONES, Commissioner. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 27 SPAULDING INSTITUTE, MUSKOGEE. STREET SCENE, MUSKOGEE. 28 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Department ot the Interior. Approved July Id, 1903. THOS. RYAN, Acting Sectretary. PETITION FOR THE SALE OF CREEK LANDS. [It allottee is married, petition must be signed by allottee and wife, or al- lottee and husband, as the case may be. If allottee is a minor, petition must be signed by guardian.] United States Indian Agent, Union Agency, Muskogee, I. T. SIR: , lire undersigned, respectfully show.. that , the owner.. of the following described land, situate in the Creek Nation, I. T., to wit, that said described land was allotted to by the Commission to the Five Civilized Tribes; (hat allotment deed therefor was delivered to by the principal chief of the Creek Nation, on the day of ,190..; that the land is not a homestead; that said is a citizen of the Creek Nation, and that name appears on the approved Creek roll opposite number ; that of said described land acres are in cultivation; that the same is improved, as follows: the reasonable value of which does not exceed dollars, and that said believes that interests will be best subserved by permitting to sell the above-described land for the following reasons, to wit and consider dollars the reasonable value of the land. In presence of: P. O. P. O GENERAL WARRANTY DEED. This indenture, made and entered into this day of one thousand nine hundred and , by and between of , part., of the first part, and of , part., of the second part. Witnesseth: That the said part, .of the first part, for and in considera- BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 29 tion of the sum of dollars, in hand paid, the receipt of which is hereby acknowledged, do.. hereby grant, bargain, sell, convey, and confirm unto said parr . . of the second part the following-described real estate and premises situate in the Muskogee or Creek Nation, and within the limits of the Indian Territory, to wit: together with all the improvements thereon, and appurtenances and immu- nities thereunto belonging or in any wise appertaining thereto, and warrant the title to the same. And I, , wife of the said , for and in consideration of the said sum of money, do hereby release and relinquish unto the said part . . of the second part all my right of dower and homestead in and to the said lands. To have and to hold the said lands unto ; he said part . . of the second part, heirs, executors, administrators, successors, or assigns forever. In witness whereof, the said part. . of the first part ha. . hereunto set. . . . hand., and seal., the day and year first above written. Witnesses : P. O as to Seal P. O P. O as to Seal P. O P. O as to Seal P. O P. O as to Seal P. O United States of America, Indian Territory, Western Judicial District, ss: Be it remembered that on this day came before me, the undersigned. . . . , within and for the western judicial district of Indian Territory afore- said, duly commissioned and acting as such, to me personally well known as.... the part., grantor., in the within and foregoing deed of conveyance, and stated that .. executed the same for the consideration and purposes therein mentioned and set forth, and I do hereby so certify. And I further certify that on this day also voluntarily appeared before me the said wife of said , to me personally well known to he the person whose name appears upon the within and fore- going, and in the absence of her said husband declared that she had of her own free will executed said deed, and signed and sealed the relinquishment 30 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. or dower and homestead therein expressed for the consideration and purposes therein contained and set forth without compulsion or undue influence of her said husband. Witness my hand and seal as such ..on this day ol 190. .. (My commission expires ). i CERTIFICATE OF OFFICER TAKING ACKNOWLEDGMENT. United States of America, Indian Territory, Western Judicial District, ss: I a , within and for the western judicial district of the Indian Territory, hereby certify that. . and witnesses to the attached deed, signed the same in my presence at the request of the grantor..; that they are personal- ly well known to me and that I know of my own knowledge that they are repu- table persons and entitled to full faith and credit. I further certify that the deed was in my presence read to the grantor..., and that the contents, pur port, and effect of the deed were fully explained to the grantor. . by me, and that. . approved and signed the same in my presence ;that the consider- ation specified in the deed is the fair value of the land; that the conveyance is in every respect free from fraud or deception, and that the land described in the deed is no part of the grantor’s homestead. Witness my hand and seal as such this day of 190 . . AFFIDAVIT OF WITNESSES. United States of America, Indian Territory, Western Judicial District, ss: and , witnesses to the attached deed* being by me first duly sworn, upon their oaths state, each for himself, that said deed was in their presence read and fully explained to the grantor. . * that understood the nature, contents, and effect thereof and approv- ed and signed the same in their presence. Subscribed in my presence and sworn to before me this day of ., 190.. (My commission expires ) GRANTOR’S AFFIDAVIT. United States of America, Indian Territory, Western Judicial District, ss: , grantor . . in the deed hereto attached, being first duly sworn on oath, say...: That the sale of said described land is bona fide; that there is no contract, agreement, or un- BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 31 derstanding, written or verbal, whereby the consideration money or price paid for the land, or any portion thereof, is to be refunded to the purchaser after the approval of the deed, and that no live stock, implements, or other things of value are to be taken or exchanged in lieu of said consideration money, or any portion thereof; that neither the grantee, his agent, or em- ployee has directly or indirectly paid, loaned, promised, or given to me, cr to anyone for me, any money or other thing of value as an advancement on the purchase price of the land, or as a consideration for or inducement to the sale of the land and the execution of the deed therefor, nor for any oth- er purpose. The grantor, .also state.. that of said land acres are m cultivation, and that the same is improved is follows : the reasonable value of which does not exceed dollars. Subscribed in my presence and sworn to before me this day 91 190. . (My commission expires ) GRANTEE’S AFFIDAVIT. United States of America, Indian Territory, Western Judicial District, ss: , grantee . . in the deed attached hereto from to make . . oath and say . . . That there is no contract, agreement, or understanding, written or verbai, whereby the consideration, money, or price paid for the land, or any portion thereof, is to be refunded to the purchaser after the approval of the deed; that no live stock, implements, articles, or other things of value are to be exchanged or taken in lieu of said consideration, money, or purchase price, or any portion thereof, for such land; and that I am not a party to any as- sociation or combination of persons to acquire said lands at less than the!:' fair value, or co prevent open and fair competition in the purchase and sale of lands within the limits of the Indian Territory; that I am not directly or in- directly connected with or interested in any device, scheme, or plan to pre- vent or interfere with fair competition in the purchase of said lands or to secure them at less than their market value; and that the contract under which the deed presented for approval was executed was not procured through or by means of any such device, scheme, or plan; that such contract was not secured through false representations to the grantor'. . or by sup- pression of facts as to the value of the land or as to any other feature of the transaction; and that neither the grantor. . nor anyone acting for or in place ha. .been given or promised any money or other thing by me or anyone with my advice, knowledge, or consent, except the consideration named in the deed, to induce to agree to such sale of lands; that neither myself, my agent, or employee has directly or indirectly paid, loaned, promised, or given to the grantor, or to anyone for him, any money or other thing of value as an advancement on the purchase 32 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. price or as a consideration tor, or inducement to, the sale of the land and the execution of the deed thereof, nor for any oth >r purpose. Subscribed in my presence and sworn to be ore me this day of , 190 . . (My commission expires ) CERTIFICATE OF OFFICER WHO APPRISED THE LAND. United States of America, Indian Territory, Western Judicial District, ss: I, .certify that I visited, viewed, and appraised the following-described land, to wit: Sec T R , which has heretofore been allotted to by the Commission co the Five Civilized Tribes. I find that the same is improved as follows : which improvements do not exceed in value dollars. That the land is of the folic wing character I further certify that the sum of dollars, the total appraised value? including the im provements, is a fair, reasonable, and just price for said land, according to my best judgment. , 190.. I hereby certify that , who is a person of integrity, is well informed as to the value of lands in the Creek Nation; also that I believe that the appraisement made by him shows the true value of the land. , 190. . U. S. Indian Agent. Transferable Only With Consent of the Secretary of the Interior. AGRICULTURAL LEASE, CREEK NATION, INDIAN TERRITORY. (Sec. 17, act of June 30, 1902, 32 Stat., 500). [Write all names and addresses in full.] This indenture, made and entered into, in ‘juadruplicate, on this day of , A. D. 19...., by and between of part.. of the first part, and of part. . of the second part, under and in accordance with the provisions of section 17 of the act of Congress approved June 30, 1902, and ratified by the Muskogee or Creek national council on July 26, 1902, and the rules and reg- ulations prescribed by the Secretary of the Interior relative to agricultural BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 33 leases in the Creek Nation. Witnessetk: That the said part., of the first part, for and in consider- ation of the covenant.. of the said part., of the second part, hereinafter sot forth do . . by these presents lease to said part . . of the second part, for agricultural purposes only, the following described tract of land, lying ami being within the Creek Nation and within the Indian Territory, to wit:.... of section of township , of range , of the Indian Meridian, and containing acres, more or less, for the full term o£ years from the date hereof And the said part, .of the second part, in consideration of said premises as above set forth, covenant., and agree., with the part., of the first part to pay the said part., of the first part as rental for the same the sum of dollars, being at the rate of dollars per acre, payable as follows, to-wit : Said part, .oi the second part further covenant., and agree., that will at own expense, within years from the date of the approval hereof by the Secretary of the Interior, inclose the leased prem- ises by a barbed-wire fence of three strands, strung on posts set or driven two feet into the ground and not more than sixteen and one-half feet apart and of the material usually used in the Creek Nation for this purpose; that all improvements, such as hog pens, cattle corrals, etc., shall he constructed in a substanrial manner and of durable material, and that will build and erect other improvements on said premises as follows: that will within years from the date of said approval plant.... acres of the leased premises in fruit of the following kinds or classes: (a) and that will break out and pur into a proper state of cultivation each year acreage as follows : First year acres ; second year acres: third year acres; fourth year, acres; fifth year acres; sixth year, acres; seventh year acres; eighth year, acres; ninth year, acres; tenth year acres. Said part., oi the second part further covenant., and agree., that..... ....will, and at own expense, insure against loss hv fire in some reliable fire insurance company, at their reasonable insurable value, all buildings now on said leased premises or that may hereafter be erected thereon by or for said part, .of the second part, or by anyone holding under said part. . of the second part as a sublessee, or otherwise. Said part., of the second part further covenant., and agree., that in case any of the buildings now on said leased premises, or any of those here- after erected thereon during the life of this lease, under the provisions here- of. shall be destroyed by fire, will, immediately after such de- struction, erect thereon another building or buildings, as the case may be, 34 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. equally as substantial and appropriate for the purpose for which used as was or were the builumg or buildings destroyed as aforesaid. The said part., of the second part further covenant., and agree., that at the expiration of the time mentioned in this lease will surrender to the said part., of the first part peaceable possession of the leased prem- ises in good condition, the usual wear and unavoidable accidents excepted. and that failure, neglect or refusal to pay the rental or any part thereof, when the same becomes due and payable, as herein provided, shall work a forfeiture of this lease, and entitle the part. . of the first part, or whomsoever shall be lawfully entitled to said premises, to enter and take possession of the same. It is understood and agreed by the parties hereto that the use of the leased premises by said part, .of the second part, or by anyone holering un- der as a sublessee, or otherwise, for any purpose not covered by this lease, or the failure b.y the part. . of the second part to pay the rental when the same becomes due, or in case the part, .of the second part fail, .neglect or refuse. . to make the improvements herein specified within the time men- tioned, such failure, neglect, or refusal shall work a forfeiture hereof. It is further understood by the parties hereto that the part.. of the sec- ond part will not permit any nuisance to be maintained on the premises nor allow any intoxicating liquors to be sold or given away for any purpose or. the leased premises, and failure to comply with these cbnditions shall work a forfeiture hereof. It is further understood and agreed by the parties hereto that all build- ings and improvements shall remain a part of said land and become the prop- erty of the owner of the land as a part of the consideration of this lease, in addition to the other considerations herein specified. It is further understood and agreed by the parties hereto that no sub- lease, assignment, or transfer of this lease, or of any interest therein or thereunder, can be directly or indirectly made without the written consent thereto of the lessor, .and the Secretary of the Interior first obtained, and that any such assignment or transfer made or attempted without such consent shall be void. The covenants herein contained shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties to this lease, and this lease shall be subject to all rules and regulations heretofore prescribed by the Secretary of the Interior, or which may be hereafter pre- scribed by bin,'. The part., of the second part hereby acknowledge to be firmly bound for the faithful performance of the stipulations of this inden- ture of lease by and under the bond made and executed by tne part.. of the second part as principal . . and as suret...., entered into the day of , and which shall remain on file in the Indian Office during the life of this Jease. In testimony whereof the parties of the first and second parts have here- unto set their hands and affixed their seals the day and year first above written. Witnesses; (a) P. O. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 35 Jr*. O. P. O. P. O. P. O. P. O P. U P. o. P. o P. o. P. o. P. o. as to as to as to as to as to as to Seal Seal Seal Seal Seal Seal (Pub. Doc. No. 112.) An Act to ratify and confirm an agreement with the Muskogee or Creek tribe of Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the agreement negotiated between the Commission to the Five Civilized Tribes and the Muskogee or Creek tribe of Indians at the city of Washington on the eighth day of March, nineteen hundred, as herein amended is hereby accepted, ratified, and con- firmed, and the same shall be in full force and effect when ratified by the Creek national council. The principal chief, as soon as practicable after the ratifica- tion of this agreement by Congress, shall call an extra session of the Creek national council and lay before it this agreement and the Act of Congress ratifying it, and if the agreement be ratified by said council, as provided in the constitution of said nation, he shall transmit to the President of the United States the act of council ratifying the agreement, and the President of the United States shall thereupon issue his proclamation declaring the same duly ratified, aud that all the provisions of this agreement have become law according to the terms thereof; Provided, That such ratification by the Creek national council shall be made within ninety days from the approval of this Act by the President of the United States. This agreement by and between the United States, entered into in its be- half by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tams Bixby, Archibald S. McKennon and Thomas B. Needles, duly appointed and authorized thereunto, and the Muskogee, or Creek, tribe of Indians, in Indian Territory, entered into in behalf of said tribe by Pleasant Porter, principle chief, and George A. Alexander, David M. Hodge, Isparhecher, Albert P. Me- 36 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Kellop and Cud McIntosh, delegates, duly appointed and authorized thereunto. Witnesseth, that in consideration of the mutual undertakings herein con- tained it is agreed as follows: DEFINITIONS. 1. The wjrd “Creek” and "Muskogee,” as used in this agreement, shall De deemed synonymous, and the word “Creek Nation” and “tribe” shall each be* deemed to refer to the Muskogee Nation or Muskogee tribe of Indians in Indian Territory. The word “principal chief” shall be deemed to refer to the principal chief of the Muskogee Nation. The word “citizen” or “citizens” shall be deem ed to refer to a member or members of the Muskogee tribe or nation of Indians. The words “The Dawes Commission” or “commission” shall be deemed to refer to the United States Commission to the Five Civilized Tribes. GENERAL ALLOTTMENT OF LANDS. 2. All lands belonging to the Creek Tribe of Indians in the Indian Terri- tory, except townsites and lands herein reserved for Creek schools and public buildings, shall be appraised at their true value, excluding only lawful improve- ments on lands in actual cultivation. The appraisement shall be made under direction of the Dawes commission by such number of committees, with neces- sary assistance, as may be deemed necessary to expedite the work, one mem- ber ol each committee to be appointed by the principal chief, and if the mem- bers of any committee fail to agree as to the value of any tract of lard, the value therof shall be fixed by said commission. Each committee shall make report of its work to said commission, which shall from time to time prepare re- ports of same :.n d.uplicaate, and transmit them to the Secretary of the Interior, for i is approval, and when approved, one copy thereof shall be returned to the- office of said commission for its use in making allotments as herein provided. 3. All lauds of said tribe, except as herein provided , shall be allotted among the citizens of the tribe by said commission, so as to give an equal share of the whole in value, as nearly as may be, in manner following: There shall be allotted to each citizen one hundred and sixty acres of land — boundaries to conform to the government survey — which may be selected by him so as to include improvements which belong to him. One hundred and sivt> acres of land valued at six dollars and fifty cents per acre, shall constitute the standard value of an allotment, and shall be the measure for the equalization of values; and any allottee receiving lands of less than such standard value, may, at any time, select other lands, which, at their appraised value, are sufficient to make his allotment equal in value to the standard so fixed. If any citizen shall select lands the appraised value of which for any reason is in excess of the standard value, the excess of value shall be charged against him in the future distribution of the funds of the tribe arising from all sources wha’ soever, and he shall not receive any further distribution of property or funds of the tribe until all other citizens have received lands and money equal in value to his allotment. If any citizen select lands the appraised value of which is in excess of such standard value, he may pay the '-veiplus in money but if he fails to do so, the same shall be charged against him in the future distribution of the funds of the tribe arising from all sources whatsoever, and he shall not receive any further distribution of property or funds until all other citizens shall have received lands and funds equal in value to his allotment; and if there be not sufficient funds of the tribe to make the allotments of all other citizens of the tribe equal in value BRADLEY'S 1L\MU \ O STATISTICAL INFORMATION. SAMUEL B. MAYES, EX-CHIEF OF THE CHEROKEE NATION. 38 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. to his, then the surplus shall be a lien upon the rents and profits of his allotment until paid. 4. Allotment for any minor may be selected by his father, mother, or guardian, in the order named, and shall not be sold during his minority. All guardians or curators appointed for minors and incompetents shall be citi- zens. Allotments may be selected for prisoners, convicts and aged and infirm persons by their duly appointed agents, and for incompetents by guardians, curators, or suitable persons akin to them, but it shall be the duty of said commission to see that such selections are made for the best interests of such pax t i er,. 5 If any citizen have in his possession in actual cultivation, lands ia excess of what he and his wife and minor children are entitled to take, he shall, within ninety days after the ratification of this agreement select there- from., allotments for himself and family aforesaid, and if he have lawtul im- provements upon such excess he may dispose of the same to any other citizen who may, thereupon, select lands so as to include such improvements; but after the expiration of ninety days from the ratification of this agreement, ary citizen may take any lands not already selected by another, but if lands so taken be in actual cultivation, having thereon improvements belonging to another citizen, such improvements shall be valued by the appraisement committee, and the amount paid to the owner thereof by the allottee, and the same shall be a lien upon the rents and profits of the land until paid. Pro- vided, That Ihe owner of improvements may remove the same if he desires. All allotments made to Creek citizens by said commission prior to the rat- ification of this agreement, as to which there is no contest, and whicn do not include public property, and are not herein otherwise affected, are confirmed, and the same shall, as to the appraisement of all things else, be governed by the pu visUns of this agreement; and said commission shall continue the Tv’ork of allotment of Creek lands to citizens of the tribe as heretofore, con- forming to the provisions herein; and all controversies arising between citi- zens as to iheir right to select certain tracts of land shall be determined by said commission. 7. Lauds allotted to citizens hereunder shall not in any manner whatso- ever or at any time, be incumbered, taken, or sold to secure or satisfy any debt or obligation contracted or incurred prior to the date of the deed to the allottee therefor of such lands, shall not be alienable by the allottee or Ids heirs at any time before the expiration of five years from the ratification of this agreement except with the approval of the Secretary of the Interior. Each citizen shall select from his allotment, forty acres of land as a homestead, which shall be non-taxable, and inalienable and free from any in- cumbrance whatever for twenty-one years, for which he shall have a separate deed, conditioned as above, Provided, that selections of homesteads for minors, prisoners, convicts, incompetents, and aged and infirm persons who cannot select for themselves, may be made in the manner herein provided for the selection of their allotments; and if, for any reason, such selection be not made for any citizen, it shall be the duty of said commissioner to make selec- tion for him. The homestead of each citizen shall remain, after the death of the allot- tee, for use and support of children born to him after the ratification of this agreement, but if he have no such issue, then he may dispose of his home- BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 39> stead by will, free from limitations herein imposed, and if this be not done, the land shall descend to his heirs, according to the laws of descent and dis- tribution of the Creek Nation free from such limitations. 8. The Secretary of the Interior shall, through the United States Indian Agent in said territory, immediately after the ratification of this agreement, put each citizen who has made selection of his allotment in unrestricted pos- session of his land, and remove therefrom, all persons objectionable to him; am’ when any citizen shall thereafter make selection of his allotment as herein provided, and receive certificate thereior, he shall be immediately thereupon so placed in possession of his land. 9. When allotment of one hundred and sixty acres has been made to eaeh citizen the residue of lands, not herein reserved or otherwise disposed of, and all funds arising under this agreement, shall be used for the purpose of equalizing allotments, and if the same be insufficient therefor, the deficiency sha.' 1 be supplied out of any other funds of the tribe, so that the allotments of all citizens may be made equal in value, as nearly as may be, in manner herein provided. 10. All towns in the Creek Nation having a present population of 200 or more shall, and all others may, be surveyed, laid cut, and appraised under the provisions of an act of Congress entitled “An act making appropriations tor the current and contingent expenses of the Indian Department and for fulfill- ing treaty stipulations with various Indian tribes for the fiscal year ending June 20th, 1901, and for other purposes,” approved May 31, 1900, which said provisions are as follows: That the Secretary of the Interior is hereby authorized, under rules and regulations to be prescribed by him, to survey, lay out and plat into town lots,, streets, alleys and parks, the sites of such towns and villages in the Choo- taw, Chickasaw, Creek and Cherokee Nations, as may at that time have s population of two hundred or more, in such manner as will then best subserve the then present needs and the reasonably prospective growth of such towns. The work of surveying, laying out and platting such townsites shall be done by competent surveyors, who shall prepare five copies of the plat of each town- site which, when the survey is approved by the Secretary of the Interior, shall be filed as follows: One in the office of the Commissioner of Indian A flairs, one with the principal chief’ of the nation, one with the clerk of the court within the territorial jurisdiction of which the town is located, one with the Commission to Five Civilized Tribes, and one with the town author- ities, if there be such. Where in his judgment the best interest of the public service require, the Secretary of the Interior may secure the surveying, laying out and platting of townsites, in any of said nations by contract. Hereafter the work of the respective townsite commissions provided for in the agreement with the Choctaw and Chickasaw tribes ratified in section 29 of the act of June 28, 1898, entitled ”An act for the protection of the people of Indian Territory and for other purposes,” shall begin as to any townsite immediately upon the approval of the survey by the Secretary of the Interior and not before. The Secretary of the Interior may in his discretion appoint a townsite commission consisting of three members for each of the Creek and Cherokee Nations, at least one of whom shall be a citizen of the tribe and shall be ap- pointed upon the nomination of the principal chief of the tribe. Each eommis' sion, under the supervision of the Secretary of the Interior, shall appraise and sell for the benefit of the tribe the town lots in the nation for which it is ap-- 40 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. pointed, acting in conformity with the provisions of any then existing act of congress or agreement with the tribe approved by congress. The agreement of any two members of the commission as to the true value of any lot shall constitute a determination thereof, subject to the approval of the Secretary ©f the Interior, and if no two members are able to agree, the matter shall be determined by such Secretary. Where in his judgment the public interests will be thereby subserved, the Secretary of the Inferior may appoint in the Choctaw, Chickasaw, Creek or Cherokee Nations a separate townsite commission for any town in which event as to that town such local commission may exercise the same authority and perform the same duties which would otherwise devolve upon the commis- sion for that nation. Every such local commission shall be appointed in the manner provided in the act approved June 28, 1898, entitled, “An act for the protection of the people of the Indian Territory.” The Secretary of the Interior, where in his judgment the public interests will be thereby subserved, may permit the authorities of any town in any of said nations, at the expense of the town, to survey, lay out and plat the site thereof, subject to his supervision and approval, as in other instances. As spon as the plat of any townsite is approved, the proper commission shall, with all reasonable dispatch and within a limited time, to be prescribed *»y the Secretary of the Interior, proceed to make the appraisement of the lots and improvements, if any, thereon, and after the approval thereof by the Secretary of the Interior, shall, under the supervision of such secretary, pro- ceed to the disposition and sale of the lots in conformity with any then exist- ing act of Congress or agreement with the tribe approved by Congress, and if the proper commission shall not complete such appiaisement and sale within the time limited by the Secretary of the Interior, they shall receive no pay for such additional time as may be taken by them unless the Secretary of the interior for good cause shown shall expressly direct otherwise. The Secretary of the Interior may, tor good cause, remove any member of any townsite commission, tribal or local, in any of said nations, and may tilt the vacancy thereby made or any vacancy otherwise occurring in like manner as the place was originally filled. It shall nor be required that the townsite limits established in the course ©f the platting and disposing of town lots and the corporation limits of the town, if incorporated, shall be identical or co-extensive, but such townsite kimits and corporate limits shall be so established as to best subserve the then present needs and the reasonably prospective growth of -the town, as the same shall appear at the times when such limits are respectively established; Pro- vided further, That the exterior limits of all townsites shall he designated and fixed at th? earliest practicable time under rules and regulations pre- scribed by the Secretary of the Interior. Upon the recommendation of the Commission to the Five Civilized Tribes the Secretary of the Interior is hereby authorized at any time before allot- ment to set aside and reserve from allotment any lands in the Choctaw, Chick- asaw, Creek or Cherokee Nations, not exceeding one hundred and sixty acres m any one tract, at such stations as are or shall be established in conformi- ty v;ith the law on the line of any railroad which shall be constructed or be ia process of construction in or through either of said nations prior to the allot- ment of the lands therein, and this irrespective of the population of such town- site at the time. Such townsite shall be surveyed, laid out and platted, ana the lands therein disposed of for the benefit of the tribe in the manner herein BRADLEY'S MANUAL OF STATISTICAL INFORMATION. 41 prescribed for otter townsites; Provided further, That whenever any traet of land shall be set aside as herein provided which is occupied by a member of the tribe, such occupant shall be fully compensated for his improvement thereon under such rules and regulations as may be prescribed by the Sec- retary of the Interior. Provided, that hereafter the Secretary of the Interior may, whenever the chief executive or principal chief of said nation fails or refuses to appoint a townsite commissioner for any town or to fill any vacancy caused by the neglect or refusal of the townsite commissioner appointed by the chief executive or principal chief of said nation to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created. 11. Any person in rightful possession of any town lot, having improve- ments thereon, other than temporary buildings, fencing and tillage, shall have the right to purchase such lot by paying one-half of the appriased value there- of, but if he shall fail within sixty days to purchase such lot and make the first payment thereon as herein provided, the lot and improvements shall be sold at public auction to the highest bidder, under direction of the appraise ment commission, at a price not less than their appraised value, and the pur- chaser shall pay the purchase price to the owner of the improvements, less the appraised value of the lots. ! L’. Any person having the right of occupancy of a residence or business lot or both in any town whether improved or not, and owning no other k» or land therein shall have the right to purchase such lot by paying one-half of the ai praised value thereof. 13. Any person holding lands within a town occupied by him as a home also any person who had at the time of the signing of this agreement purchasei any lot, tract or parcel of land from any person in legal possession at the time shall have the right to purchase the lot embraced in same by paying one-half of the appraised value thereof, not, however, exceeding four acres. All town lets not having thereon improvements, other than temporary buildings, fencing and tillage, the sale or disposition of which is not hereir otherwise specifically provided for, shall be sold, wthin twelve months after their appraisement under direction of the Secretary of the Interior, after due advertisement, at public auction to the highest bidder at not less than thei r appraised value. Any person having the' right of occupancy of lands in anw town which has been or may be laid out into town lots, to be sold at public auction as above, shall have the right to purchase one-fourth of all the lots, into which suck land may have been divided, at two-thirds their appraised value. 15. When the appraisement of any town lot is made, upon which any person has improvements as aforesaid, said appraisement commission shall notify him of the amount of said appraisement and he shall, within sixty days thereafter, make payment of ten per centum of the amount due for the lot, as herein pro- vided, and four months thereafter, he shall pay fifteen per centum additional, and the remainder of the purchase money in three equal annual installments without interest. Any person who may purchase an unimproved lot. shall proceed to make payment for same in such time and manner as herein provided for the pay ment of sums uue on improved lots, and if, in aDy case, any amount he not paid, when due, it shall thereafter bear interest at the rate of ten per centum per annum until paid. The purchaser may, in any case, at any time, make full payment for any town lot. 1-6. All town Sots purchased by citizens in accordance with the provisions. 42 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. of this agreement shall be free from incumbrance by any debt contracted prior to date of his deed therefor, except for improvements thereon. 17. No taxes shall be assessed by any town government against any town lot remaining unsold, but taxes may be assessed against any town lot sold as herein provided and the same shall constitute a lien upon the interest of the purchaser therein after any payment thereon has been made by him, and if forfeiture of any lot be made all taxes assessed against such lot shall be paid out of any money paid thereon by the purchaser. 18. The surveyors may select and locate a cemetery within suitable dis- tance from eacn town, to embrace such number of acres as may be deemed necessary for such purpose, and the appraisement commission shall appraise the same at not less than twenty dollars per acre, and the town may purchase the land by paying the appraised value thereof; and if any citizen have im- provements thereon, other than fencing and tillage, they shall be appraised by said commission and paid for by the town. The town authorities shall dis- pose of the lots in such cemetery at reasonable prices, in suitable sizes for burial purposes and the proceeds thereof shall bo applied to the general im- provement of the property. 19. The United States may pui'chase in any town in the Creek Nation suitable lands for court houses, jails and other necessary public buildings for its use by paying the appraised value thereof, the same to be selected under the direction of the department for whose use such buildings are to be erected; and if any person have improvements thereon other than temporary buildings, fencing and tillage the same shall be appraised and paid for by the United States. 20. Henry Kendall College, Nazareth Institute and Spaulding Institute in Muskogee, may purchase the parcels of land occupied by them or which may have been laid out for their use, and so designated upon the plat of said town, at one-half their appraised value, upon conditions herein provided; and all other schools and institutions of learning located in incorporated towns in the Creek Nation, may, in like manner, purchase the lots or parcels of land occupied by them. 21. All town lots or parts of lots, not exceeding fifty by one hundred and fifty feet in size, upon which church houses and parsonages have been erected, and which are occupied as such at the time of appraisement, shall be prop- erly conveyed lo the churches to which such improvements belong gratuit- ously, and if such churches have other adjoining lots inclosed actually neces- sary for their use, they may purchase same by paying one-half the appraised value thereof. 22. The towns of Clarksville, Coweta, Gibson Station and Mounds may be surveyed and laid out in town lots, and necessary streets and alleys and platted as other towns, each to embrace such amount of land as may be deem- de necessary, not exceeding one hundred and sixty acres for either, and in manner not to include nor interfere with the allotment of any citizen selected prior to the date of this agreement, which survey may be made in manner provided for other towns; and the appraisement of the town lots of said towns may be made by a committee appointed for either of the other towns hereinbefore named, and the lots in said towns may be disposed of in like manner, and on the same condiitions and terms as those of other towns. All of such work may be done under the direction of and subject to the approval of the Secretary of the Interior. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 43 TITLES. 23. Immediately after the ratification of this agreement by congress and the tribe, the Secretary of the Interior shall furnish the principal chief with blank deeds necessary for all conveyances herein provided for, and the prin- cipal chief shall thereupon proceed to execute, in due form, and deliver to each citizen who has selected, or may hereafter select, his allotment, which is not contested, a deed conveying to him all right, title and interest of the Creek Nation, and of all other citizens, in and to the land embraced in his allotment certificate, and such other land as may have been selected by him for equalization of his allotment. The principal chief shall, in like manner and with like effect, execute and deliver to proper parties, deeds of conveyance in all other cases herein provided for. All lands or town lots to be conveyed to any one person shall so far as practicable, be included in one deed, and all deeds shall be exe- cuted free of charge. All conveyances shall be approved by the Secretary of the Interior, which shall serve as a relinquishment to the grantee of all right, title and interest of the United States in and to the land embraced in his deed. Any allottee accepting such deed shall be deemed to assent to the allot- ment and conveyance of all the lands of the tribe, as provided herein, and as relinquishment of all his right, title and interest in and to the same, except in the proceeds of lands reserved from allotment. The acceptance of deeds of minors and incompetents, by persons author- ized to select their allotments for them, shall be deemed sufficient, to bind such minors and incompetents to allotment and conveyance of all other lands of the tribe, as provided herein. The transfer of the title of the Creek tribe to individual allottees and to other persons, as provided in this agreement shall not inure to the benefit of any railroad company, nor vest in any railroad company, any right, title, or interest in or to any of the lands in the Creek Nation. All deeds when so executed and approved shall be filed in the office of the Dawes commission, and there recorded without expense to the grantee, and such record shall have like effect as other public records. RESERVATIONS. 24. The following lands shall be reserved from the general allotment herein provided for: (a) All lands herein set apart for townsites. (b) All lands to which, at the date of the ratification of this agreement any railroad company may, under any treaty or act of congress, have a vested right for right-of-way, depots, station grounds, water stations, stock yards o' similar uses connected with the maintenance and operation of the railroad (c) Forty acres for the Eufaula High School. (d) Forty acres for the Wealaka Boarding School. (e) Forty acres for the Newyaka Boarding School. (f) Forty acres for the Wetumka Boarding School. (g) Forty acres for the Euchee Boarding School. (h) Forty acres for the Coweta Boarding School. (i) Forty acres for the Creek Orphan Home. (j) Forty acres for the Tallahassee Colored Boarding School. (k) Forty acres for the Pecan Creek Colored Boarding School. (l) Forty acres for the Colored Creek Orphan Home. 44 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. m) Ali lands selected for town cemeteries, as herein provided. (n) The lands occupied by the university established by the American Baptist Home Mission society and located near the town of Muskogee, to the amount of forty acres, which shall be appraised, excluding improvements thereon, and said university shall have the right to purchase same by paying ©ne-half the appraised value thereof, on terms and conditions herein provided. Adi improvements made by said university on lands ia excess of said forty acres shall be appraised and the value thereof be paid to it by the person to whom such lands may be allotted. (o) One acre each for the six established Creek court houses, with the improvements thereon. (p) One acre each for all churches and schools outside of towns now regularly used as such. All reservations under the provisions of this agreement, except as other- wise provided herein, when not needed for the purposes for which they are at present used, shall be sold at public auction to the highest bidder, to citi- zens only, under direction of the Secretary of the Interior. MUNICIPAL CORPORATIONS. 25. Authority is hereby conferred upon municipal corporations in the Greek Nation with the approval of the Secretary of the Interior to issue bonds a>»d borrow money thereon for sanitary purposes, and for the construction of sewers, lighting plants, water works, and school houses, subject to all of the provisions of laws of the United States in fore© in the organized territories of *he United States in reference to municipal indebtedness and issuance of bonds for public purposes, and said provisions of law are hereby put in force m said Nation and made applicable to the cities ana towns therein, the same as if specially enacted in reference thereto. 26. All claims of whatever nature, including the “Loyal Creek Claim" under Article IV of the Treaty of I860, and the “Self Emigration Claim” un- der Article XII, oi the Treaty of 1832, which the tribe or any individual there- of, may have against the United States, or any other claim arising under the Treaty of 1866, or any claim which the United States may have against said tribe, shall be submitted to the Senate of the United States for determination; and within two years from the ratification of this agreement, the Senate shall make final determination thereof; and in the event that any sums are award- ed the said tribe, or any citizen thereof, provisions shall be made for the im- mediate payment of the same. Of these claims the “Loyal Creek Claims,” for what they suffered because of their loyalty to the United States government during the Civil War, long delayed, is so urgent in its character that the parties to the agreement ex- press the hope that it may receive consideration and be determined at the earliest practical moment. Any other claim which the Creek Nation may have against the United States may be prosecuted in the Court of Claims of the United States, with right of appeal to the Supreme Court, and jurisdiction to fry and determine "such claim is hereby conferred upon said courts. FUNDS OF THE TRIBE. 27. All treaty funds of the tribe shall hereafter be capitalized for the purpose of equalizing allotments, and for other purposes provided in this agreement. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 46 ROLLS OF CITIZENSHIP. 28. No person, except as herein provided, shall be added to the rolls of -citizenship of said tribe after the date of this agreement, and no person whom- soever, shall be added to said rolls after the ratification of this agreement. All citizens who were living on the first day of April, eighteen hundred and ninety-nine, entitled to be enrolled under section twenty-one of the act of congress, approved June twenty-eighth, eighteen hundred and ninety-eight, entitled “An Act for the protection of the people of the Indian Territory, ana for other purposes," shall be placed upon the rolls to be made by said eommis sion under said act of congress, and if any such citizen has died since that time, or may hereafter die, before receiving his allotment of lards and distrib- utive share of all the funds of the tribe, the lands and money to which he would be entitled, if living, shall descend to his heirs according to the laws -of descent and distribution of the Creek Nation, and be allotted and distribut- ed to them accordingly. All children born to citizens so entitled to enrollment up to and includ- ing the first day of July, 1900, and then living, shall be placed on the rolls made by said commission, and if any such child die after said date, the lands and moneys to which it would be entitled, if living, shall descend to its heirs according to the laws of descent and distribution cf the Creek Nation, and be allotted and distributed to them accordingly. The rolls so made by said commission, when approved by the Secretary of the Interior, shall be the final roll of citizenship of said tribe, upon which the allotment of all lands and the distribution of all moneys and other proper- ty of the tribe shall be made, and no other persons. CLAIMS. 29. Said commission shall be authorized to enroll as Creek citizens, cer- tain fullblood Creek Indians now residing in the Cherokee Nation, and also ■certain fullblood Creek Indians now residing in the Creek Nation, who have recently removed there from the state of Texas, and the families of fullblood •Creeks who now reside in Texas, and such other recognized citizens found on the Creek rolls as might, by reason of non-residence, be excluded from enroll- ment by section twenty-one of said act of congress, approved June twenty eighth, eighteen hundred and ninety-eight, provided, that such non-residents shall in good faith remove to the Creek Nation before said commission $haJi complete the rolls of the Creek citizens as aforesaid. MISCELLANEOUS. 30. All deferred payments, under provisions of this agreement, shall constitute a lien in favor of the tribe cn the property for which the debt was contracted, and if, at the expiration of two years from the date of payment of the fifteen per centum aforesaid, default in any annual payment has been made, the lien fcr the payment of all purchase money remaining unpaid may De enforced in the United States court within the jurisdiction of which the town is located, in the same manner as vendor’s liens are enforced; such suit being brought in the name of the Principal Chief for the benefit of the tribe 31. All moneys to be paid to the tribe under the provisions of this agree ment, shall be paid, under direction of the Secretary of the Interior, into the Treasury of the United States, to the credit of the tribe and an itemized re port thereof shall be made monthly to the Secretary of the Interior and to the Principal Chief. 46 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 32. All funds of the tribe, and all moneys accruing under the provisions of this agreement, when needed for the purpose of equalizing allotments, or for any other purposes herein prescribed, shall be paid out under the direction of the Secretary of the Interior, and when required for per capita payments, if any shall be paid out directly to each individual by a bonded officer of the United States under direction of the Secretary of the Interior, without un- necessary delay. 33. No funds belonging to said tribe shall hereafter be used or paid out for any purposes by any officer of the United States without consent of the tribe, expressly given through its National Council, except as herein provided 34. The United States shall pay all expenses incident to the survey, plating and disposition of town lots, and of allotment of lands made under the provisions of this agreement, except where the town authorities have been or may be duly authorized to survey and plat their respective towns at the ex- pense of such town. 35. Parents shall be the natural guardians of their children, ana shall act for them as such unless a guardian shall have been appointed by a court having jurisdiction; and parents so acting shall not be required to give bond as guardians unless by order of such court; but they and all other persons having charge of lands, moneys and other property belonging to minors and other incompetents, shall be required to malre proper accounting therefor in the court having jurisdiction therof, in manner deemed necessary for the pre- servation of such estates. 36. All Seminole citizens who have heretofore settled and made homes upon lands belonging to the Creeks, may there take, for themselves and their families, such allotments as the would be entitled to take of Seminole lands; and all Creek citizens who have heretofore settled and made homes upon land belonging to the Seminoles, may there take for themselves and their fam- ilies, allotments of one hundred and sixty acres each; and if the citizens of one tribe thus receive a greater number of acres than the citizens of another, the excess shall be paid for by such tribe, at a price to be agreed upon by the Principle Chiefs of the two tribes, and if they fail to agree, the price shall be fixed by the Indian Agent; but the citizenship of such persons so taking allotments shall in no wise be affected therby. Titles shall be conveyed to Seminoles selecting allotments of Creek lands in manner herein provided for conveyance of Creek allotments, and titles shall be conveyed to Creeks selecting allotments of Seminole lands in manner provided in the Seminole agreement, dated December sixteen, eighteen hun- dred and ninety-seven, for conveyance of Seminole allotments; provided, that deeds shall be executed to allottees immediately after selection of allotment is made. This provision shall not take effect until after it shall have been separately and specifically approved by Ihe Creek National Counc’l and by the Sem- inole General Council, and if not approved by either, it shall fail altogether, and be eliminated from this agreement without impairing any of its other provisions. 37. Creek citizens may rent, their allotments when selected, for a term not exceeding one year and after receiving title thereto without restric- tions, if adjoining allottees are not injured thereby, and cattle grazed thereon shall not he haoie te any tribal tax; but when ^attle are introduced into the Creek nation, and grazed on lands not selected by citizens, the Secretary o the interior is authorized to collect from the owners thereof, a reasonable BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 47 SEQUOYAH, Inventor of the Cherokee Alphabet, and his Home. 48 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. grazing tax for the benefit of the tribe; and section twenty-one hundred and seventeen. Revised Statutes of the United States, shall not hereafter apply to Creek lands. 38. After any citizen has selected his allotment, he may dispose of any timber thereon, but if he disposes of such timber, or any part of same, he shall not thereafter select other lands in lieu thereof; and his allotment shall be appraised as if in condition when selected. Mo timber shali be taken from lands not selected, and disposed of, without payment of reasonable royalty thereon, under contract to be prescribed by the Secretary of the Interior. 29. Ni non-citizen renting lands from a citizen for agricultural purposes,, as provide * by law, whether such lands have been selected as an allotment or not, shall be required to pay any permit tax. 40. The Creek scluol fund shall be used under direction of the Secretary of the Interior for the education of Creek citizens, and the Creek schools shall be conducted under rules and regulations prescribed by him under direct supervision of the Cr eek School Superintendent and a Supervisor appointed by the Secretary, and tinder Creek laws, subject to such modifications as the Secretary of the interior may deem necessary to make the schools most effective, and to produce the best possible results. All teachers shall be examined by or under the direction of said Super- intendent and Supervisor, and competent teachers and other persons to be en- gaged in and about Ihe schools, with good moral characters, only, shall be employed; but, \vhere all qualifications are equal, preference shall be given to citizens in such employment. All moneys for running the schools shall be appropriated by the Creek National Council, not exceeding the amount of the Creek School Fund — Sev- enty-six thousand four hundred and sixty-eight dollars and forty cents — but if it fail or refuse to make the necessary appropriation, the Secretary of the Interior may direct the use of a sufficient amount of the school fund to paj all expenses necessary to the efficient conduct of the schools, strict account thereof to be rendered to him and to the Principal Chief. All accounts for expenditures in running the schools shall be examined and approved by said Superintendent and Supervisor, and also by the General Superintendent of Indian Schools, in Indian Territory, before payment thereof is made. If the Superintendent and Supervisor fail to agree upon any matter under iheir direction or control, it shall be decided by said General Superintendent, nubject to apical to the Secretary of the Interior, but his decision shall govern until reversed by the Secretary. 11. The provision of section thirteen of the Act of congress approved June- twenty-eight, eighteen hundred and ninety-eight, entitled, “An act for the pro- tection of the peo; Je of the Indian Territory and for other purposes,” shall not apply to, or in any manner affect, the lands or other property of the tribe, or be in force in the Creek Nation and no act of congress or treaty provision inconsistent with this agreement, shall be in force in said nation, except sec- tion fourteen of said last mentioned act, which shall continue in force as if this agreement had not been made. 42. No act or ordinance, or resolution of the National Council of the Creek Nation, in any manner affecting the lands of the tribe, or of individuals after allotment, or the moneys or other other property of the tribe, or of the citizens there,)!' — except appropriations for the regular and necessary incidental BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 4S and salaried expenses of the Creek government as herein limited shall be of any validity until approved by the, President of the United States. When any such act, ordinance or resolution shall be passed by said council, and approved by the Principal Chief, a true and correct copy thereof, duly certified, shall be immediately transmitted to the President who shall within thiity days after received by him, approve or disapprove the same. If disapproved, it shall he so endorsed and re urned to the Principal Chief ; if approved the approval shall be endorsed thereon, and it shall be published in at least two newspapers having a bona Rd n circulation in the Creek Nation. 43. The United States agrees to maintain strict laws in said Nation against the introducUon, sale, barter, or giving away, of liquors or intoxicants of any kind whatsoever. 44. This agreement shall in no wise affect the provisions of existing treaties between the United States and said tribe, except so far as incon- sistent therewith. 45. Allthings necessary to carrying into effect the provisions of this agreement, not ou.< rwise herein specifically provided for, shall be done under authority and direction of the Secretary of the Interior. 4(5. The tubal government of the Creek Nation shall not continue longer than March fourth.' nineteen hundred and six, subject to such further legis- lation as congress may deem proper. 47. Nothing contained in this agreement shall be construed to revive or re-establish the Creek courts which have been abolished by former acts of congress. Transferable only with the consent of the Secretary of the Interior. GRAZING LEASE, CREEK NATION. INDIAN TERRITORY. • i Sec. 17, Act of June 30, 1902, 32 Stat., 500.) [Write all names and addresses in full.] This indenture made and entered into, in quadruplicate, on this day of , A. D. 190..., by and between of part . . of the first part, and of part. . of the second part, under and in accordance with the provisions of section 17 of the act of Congress approved June 30, 1902, and ratified by the Muskogee or Creek National Council on July 26, 1902, and the rules and reg- ulations prescribed by the Secretary of the Interior relative to grazing leases in the Creek Nation, Indian Territory. Witnesseth: That said part. . of the first part, for and in consideration of the covenant. . of the part. . of the second part, hereinafter set forth, do. . by these presents lease to said part. . of the second part, for grazing purposes 56 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. only, the following described tract of land lying and being within the limits •of the Creek Nation and within the Indian Territory, to wit: of section , of township , of range , of the In- dian Meridian, and containing acres, more or less, for the full term of years from date hereof, and the said part., of the second part, in consideration of said premises, as above set forth, covenant., and agree., with the part. . of the first part to pay said part., of the first part as rental for the same, the sum of dollars, being at the rate of dollars per acre, payable as follows, to wit : Said part . . cf the second part further covenant . . and agree . . that will at own expense, within years from the date of the approval hereof by the Secretary of the Interior, inclose the leased prem' ises by a barbed wire fence of three strands, strung on posts set or driven two feet into the ground not more than sixteen and one-half feet apart, and of the material usually used in the Creek Nation for this purpose; that all improve- ments made, such as hogpens, cattle corrals, etc., shall be constructed in a substantial manner and of durable material, and that will erect and build other improvements on said leased premises as follows: Said part., of the second part further covenant., and agree., that at the expiration of the time mentioned in this lease will surrender to said part. . of the first part peaceable possession of the leased premises in good condition, the usual wear and unavoidable accidents excepted, and that failure, negleci, or refusal to pay the rental, or any part thereof, when the same becomes due and payable, as herein provided, shall work a forfeiture of this lease and entitle the part., of the first part, or whomsoever shall be law- fully entitled to said premises, to enter and take possession of the same. Said part. . of the second part further covenant. . and agree. . that . . . .will comply with all the quarantine laws or customs in force in the Creek Nation, Indian Territory, as to excluding diseased or infected cattle or other animals from the premises, and that will comply with such regu- lations as may be adopted by the Secretary of the Interior in the matter that will comply with all the regulations at any time adopted by the Secretary to prevent other allotments of individual Indians or tribal lands from damage or interference by cattle or other animals, and will not in any manner intrude on other Indian allotments. It is understood and agreed by the parties hereto that the use of the leased premises by said part. . of the second part, or by anyone holding under as a suolessee, or otherwise, for any purpose not covered by this lease, or the failure by the part. . of the second part to pay the rental when the same becomes due, or in case the part., of the second part fail.., neglect.., or refuse., to make the improvements herein specified within the time men- tioned. such failure, neglect, or refusal shall work a forfeiture hereof. It is further understood and agreed by the parties hereto that the part., of the second part will not permit any nuisance to be maintained on the prems- ises nor allow any intoxicating liquors to be sold or given away for any pur- pose on the leased premises, and failure to comply with these conditions will BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 51 work a forfeiture of the lease. It is further understood and agreed by the parties hereto that all buildings and improvements shall remain a part of said land and become the property of the owner of the land as a part of the consideration of this lease in addi tion to the other considerations herein specified. It is further understood and agreed by the parties hereto that no sub- lease, assignment or transfer of this lease, or of any interest therein or there under, can be, directly or indirectly, made without the written consent thereto of the lessor. . and the Secretary of the Interior first obtained, and that any such assignment or transfer made or attempted without such consent shall be void. The covenants herein contained shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties to this laese, and this lease shall be subject to all rules and regulations prescribed by the secretary of the Interior, or which may be hereafter prescrived by mm. The part. . of the second part hereby acknowledge to be firmly bound for the faithful performance of the stipulations of this indenture of lease by and under the bond made and executed by the part. . of the second part as principal., and as suret. ., entered into the day of , and which shall remain on file in the Indian Office during the life of this lease. In testimony whereof the parties of the first and second parts herein have set their hands and affixed their seals the day and year first above written. Witnesses: (a) F. O as to LSEAL.] P. O P. O as to LSEAL.] P. O P. O as to LSEAL.] P. O p. O as to LSEAL.] P. O (a) Two witnesses to all signatures. APPLICATION FOR LEASE. To the Secretary of the Interior: , desiring to avail of the provisions of section seventeen of the act of June 30, 1902, (32 Stat., 500), hereby makes application to have approved the accom- panying lease for the purpose of , covering the following rract of land, viz: 52 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. sec , in township of range , in the Nation, con- taining acres, more or less, the attached map showing the amount of land of each legal subdivision supposed to be underlaid with and the quantity that can probably he mined; and solemnly that this application is made in good faith and with no other object than that of Sworn to and subscribed before me this day of , 190.. Washington, D. C , 190.. Approved : Secretary. Transferable only with the consent of the Secretary of the Interior. COAL AND ASPHALT MINING LEASE, CREEK NATION, INDIAN TERRITORY. (Sec. 17, act of June 30, 1902, 32 Stat., 500.) [Write all names and addresses in full.] This indenture of lease made and entered into, in quadruplicate, on this day of , A. D. 190 . . , by and between of part. . of the first part, and : of part . . of the second part, under and in pursuance of the provisions of section 17 of the act ot congress approved June 30, 1902, and ratified by the Muskogee or Creek national council on July 26, 1902, and the rules and regulations pre- scribed by the Secretary of the Interior relative to mining leases in the Creek Nation. Witnessetn. That the part., of the first part, for and in consideration pf the royalties, covenants, stipulations, and conditions hereinafter contained and hereby agreed to be paid, observed, and performed by the part. . of the sec- ond part, heirs, executors, administrators, successors, or assigns, ao hereby demise, grant, and let unto the part. . of the second part, heirs, executors, administrators, successors, or assigns the following-described tract of land lying and being within the Creek Nation and within the Indian Territory, to wit: of section , of township , of range , of the *n- dian Meridian, and containing acres, more or less, for the full term of years from the date hereof, for the sole purpose of prospecting for and mining coal and asphalt; the part., of the second part to occupy so much only of the surface of said land as may be reasonably necessary to carry on the work of prospecting for, mining, storing, and removing such coal and asp> ’.Sit. BRADLEY'S MANUAL OF STATISTICAL INFORMATION. 53 In consideration of the premises the part. . of the second part hereby mgree. . and bind ......... ., , heirs, executors, administrators, succes- sors, or assigns tc pay, or cause to be paid, to the part. . of the first part as royalties the sums of money as follows, to wit: On asphaitum the sum of ten cents per ton for each and every ton of crude asphalt produced, weighing 2.000 pounds, or the sum of sixty cents per ton ou refined asphalt. On the production coal mined under this lease the sum of eight cents per ton of 2,000 pounds on mine run, or coal as it is taken from the mines, including what is commonly called “slack.” And the part. . of the second part further agree. . and bind , , heirs, executors, administrators, successors, or assigns, to pay, or cause to be paid to the lessor. ., as advanced annual royalty on this lease, the sums of money as follows, to wit: Fifteen cents per acre per annum, in ad- vance, for the first and second year, thirty cents per annum per acre in ad- vance for the third anl fourth year and seventy-five cents per acre per annum for the fifth and each succeeding year thereafter of the term for which this lease is to run; it being understood and agreed that said sums of money so paid shall be a credit on the stipulated royalties should the same exceed such sums paid as advanced royalty, and further, that should the part of the second part neglect or refuse to pay ^uch advanced annual royalty for the second part neglect or refuse to pay such advanced annual royalty for the period of sixty cays after the same becomes due and payable, then this lease shall, at the option of the lessor. ., be null and void, and all royalties paid in advance shall become the money and property of the lessor. . All royalty accruing for any month shall be due and payable on or before the twenty-fifth day of the month succeeding. It is agreed by the parties hereto that the land described herein shall not be held by the part. . of the second part for speculative purposes, but in good faith for mining the minerals specified; and a failure for one year by the part. . ©f the second part to do a reasonable amount of development work or of min- ing shall be held as a want of compliance with the purposes of this lease and shall render it null and void. The part. . of the second part further agree. . and bind , heirs, executors, administrators, successors, or assigns, to pay, ©r cause to be paid, to the part. . of the first part the royalty as it becomes due. The part. . of the second part further covenant. . and agree. . to exercise diligence in the conduct of the prospecting and mining operations and to open mines and operate the same in a workmanlike manner and to the fullest possible extent on the leased premises; to commit no waste upon the said premises or upon the mines that may be thereon and to suffer no waste to be committed thereon; to take good care of the same and to surrender and return the premises at the expiration of this lease to the part. . of the first part, or to whomsoever shall be lawfully entitled thereto, in as good condition as when received, ordinary wear and tear in the proper use of the same for the purposes nereinbefore indicated and unavoidable accidents excepted, and not to remove therefrom any buildings or improvements erected thereon during said term by the part. . of the second part, but said buildings and improvements shall re- main a part of said land as a part of the consideration of this lease, in addition to the other considerations herein specified, except engines, tools, boilers. 54 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. boiler houses, and machinery, which shall remain the property of said part., of the second part; that will not permit any nuisance to be main- tained on the premises, nor allow any intoxicating liquors to be sold or given away for any purpose on the premises; that will not use the premises for any other purpose than that authorized in this lease, nor allow them to be used for any other purpose; that will not at any time during the term hereby granted assign, transfer or sublet estate, interest, or term in said premises and land, or the appurtenances thereto, to any person or persons whomsoever, without the written consent of the part, .of the first part being first obtained, subject to the approval of the Secretary of the Interior. And the said part., of the second part further covenant., and agree.. that will allow said lessor. . and his agents, fro mtime to time, to enter upon and into all parts of said premises for purposes of inspection, and agree . . to keep an accurate account of all mining operations, showing the whole amount of mineral mined or removed, and make report thereof promptly, under oath, at the end of each month to the lessor. ., and to the Secretary ot the Interior through such officer as he may designate, and that all sums due as royalty shall be a lien on all implements, tools, movable machinery, and other personal chattels used in said prospecting and mining operations, and upon all the mineral obtained from the land herein leased, as security or the payment of said royalties. And the part., of the second part agree., that this indenture of lease shall in all respects be subject to the rules and regulations heretofore or that may hereafter be lawfully prescribed by the Secretary of the Interior relative to such mineral leases in the Creek Nation; and said part. . of the second pai't expressly agree., that should sublessees, heirs, execut- ors, administrators, successors, or assigns violate any of the covenants, stip- ulations, or provisions of this lease, or fail, for the period of sixty days, to pay the stipulated monthly royalty provided for herein, then the part. . of the first part shall be at liberty, in discretion, to avoid this indenture of lease and cause the same to be annulled, when all the rights, franchises, and privileges of the part. . of the second part, subleases, executors, administrators, successors, or assigns hereunder shall cease and end without further proceedings. If the lessee. . make. . reasonable and bona fide effort to find and mine coal and asphalt in paying quantity, as is herein required of , and such effort is unsuccessful, may at any time thereafter, with the approval of the Secretary of the Interior, surrender and wholly terminate this lease upon the full payment and performance of all then existing obligations hereunder: Provided, however, That approval of such surrender by the Secretary will be required only during the time his approval of the alien- ation of the land is required by law. It is further agreed and understood that this lease shall be of no force or effect unless the part. . of the second part shall, within sixty days from the date of approval of the application filed in connection herewith, furnish a sat- isfactory bond in accordance with the regulations of July 10, 1903, prescribed by the Secretary of the Interior. In witness whereof the said parties of the first and second parts have here" unto set their hands and affixed their seals the day and year first above written. Witnesses: (a) P. O as to l SEAL.] I BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 55 O O O O O O O as to as to as to [SEAL.] [SEAL.] [SEAL.] (a) Two witnesses to all signatures. TRANSFERABLE ONLY WITH THE CONSENT OF THE SECRETARY OF THE INTERIOR. OIL AND GAS MINING LEASE UPON LAND SELECTED FOR ALLOTMENT CREEK NATION, INDIAN TERRITORY. (Sec. 17, act of June 30, 1902, 32 Stat., 54)0.) THIS INDENTURE OF LEASE, Made and entered into, in quadruplicate, on this . . . .day of , A. D. 190. ., by and between of ) part, .of the first part, and of part, .of the second part, under and in pursuance of the provisions of section 17 of the act of Congress approved June 30, 1902, and the regulations prescribed by the Secretary of the Interior thereunder. Witnesseth: That the part.. of the first part, for and in consideration of of the royalties, covenants, stipulations, and conditions hereinafter contained, and hereby agreed to be paid, observed and performed by the part, .of the sec- ond part , successors and assigns, do. .hereby demise, grant and let unto the party, .of the second part, successors and assigns, for the term of years from the date hereof, all of the oil deposits and natural gas in or under the following-described tract of land, lying and being within the Creek Indian Nation, and within the Indian Territory, to-wit: The of section , township range , of the Indian Meridian, and containing acres, more or less, with the right to prospect for, ex- tract, pipe, store, refine and remove such oil and natural gas, and to occupy and use so much only of the surface of said land as may be reasonably neces- sary to carry on the work of prospecting for, extracting, piping, storing, refin- ing, and removing such oil and natural gas, including also the right to obtain BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 56 from wells or other sources of said land, by means of pipe lines or otherwise, a sufficient supply of water to carry on said operations, and including still further the right to use such oil and natural gas as fuel so far as it is necessary to the prosecution of said operations. In consideration of which the part, .of the second part hereby agree, .and hind successors and assigns, to pay or cause to be paid to the lessor.. as royalty the sum of ten per cent of the value, on the lease premises, of ait crude oil extracted from the said land, and if the parties do not, before the tenth day of the month succeeding its extraction, agree upon the value of the crude oil on the leased premises, the value thereof shall finally be determined under the direction of the Secretary of the Interior in such manner as he shaU prescribe, and to so pay the royalty accruing for any month on or before the* twenty-fifth day of the month succeeding, and where the value of the crude on fluctuates, the average value during the month shall constitute the critei’ion iie computing the royalty; and to pay in yearly payments, at the end of each year, such royalty on each gas-producing well as the Secretary of the Interior may residence and premises. But failure on the part of the lessee.. to use a gas- producing well, where the same can not be reasonably utilized at the rate sj prescribed, shall not work a forfeiture of this lease so far as the same relates to mining oil. And the part, .of the second part further agree, .and bind successors and assigns, to pay or cause to be paid to the lessor...., as advanced annual royalty on this lease, the sums of money as follows, to-wit; Fifteen cents per acre per annum, in advance, lor the first and second years; thirty cents per acre per annum, in advance, for the third and fourth years, and seventy-five cents per acre per annum, in advance, for the fifth and each succeeding year thereafter of the term for which this lease is to run; it being understood and agreed that said sums of money so paid shall be a credit on the stipulated royalties should the same exceed such sums paid as advanced roy- alty, and further, that should the part, .of the second part neglect or refuse to pay such advanced annual royalty for the period of sixty days after the same becomes due and payable, then this lease shall, at the option of the lessor.'., be null and void, and all royalties paid in advance shall become the money and property of the lessor. . The party. . of the second part further covenant. . and agree, .to exercise diligence in the sinking of wells for oil and natural gas on the lands covered by this lease, and to operate the same in a workmanlike manner to the fullest possi- ble extent, unavoidable casualties excepted; to commit no waste upon the said land and to suffer no waste to be committed upon the portion in. . . .occupancy and to suffer no waste to be committed upon the portion in occupancy or use; to take good care of the same, and to promptly surrender and return the premises upon the termination of this lease to the part.. of the first part, or to whomsoever shall be lawfully entitled thereto, and not to remove there- from any buildings or improvements erected thereon during the said term by lie said part, .of the second part, but said buildings and improvements shall re' main a part of said land and become the property of the owner of the land as a part of the consideration of this lease, in addition to the other considerations herein specified, excepting that tools, boilers, boiler houses, pipe lines, pumping aad drilling outfits, tanks, engines and machinery, and the casing of all dry or exhausted wells, shall remain the property of the said part. . of the second part, and may be removed at any time before the expiration of sixty days fro-m the termination of the lease; that will not permit any nuisance BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 57 to be maintained on the premises under. control, nor allow any intox- icating liquors to be sold or given away for any purposes on such premises: that will not use such premises for any other purpose than that auth- orized in this lease, and that before abandoning any well ..will secured plug the same so as to effectually shut off all water above the oil-bearing Horizon. And it is mutually understood and agreed that no sublease assignment or transfer of this lease or of any interest therein or thereunder can be directly of indirectly made without the written consent thereto by the lessor . . , and the Secretary of the Interior first obtained, and that any such assignment or transfer made or atempted without such consent shall be void. And the said part.. of the second part further covenant., and agree.... that will keep an accurate account of all oil-mining operations, show- ing the whole amount of oil mined or removed; and all sums due as royalty shall be a lien on all implements, tools, movable machinery and other person- al chattels used in said prospecting and mining operations, and upon ail of the ©il obtained trom the land herein leased, as security for the payment of said royalties. And the part, .of the second part agree. . that this indenture of lease shall in all respects be subject to the rules and regulations heretofo.e or that may Hereafter be lawfully prescribed by the Secretary of the Interior relative to oil and gas leases in the Creek Nation. And the said part. . of the second part expressly agree. . that should. . . . or sublessees, heirs, executors, administrators, successors or assigns violate any of the covenant, stipulations or provisions of this lease, or fail for the period of sixty days to pay the stipulated monthly royalty provid ed for herein, then the part . . of the first part shall be at liberty, in discretion, to avoid this indenture ot lease and cause the same to be annulled, when all the rights, franchises and privileges of the part, .of the second part, ........ sublessees, or cause to be paid, to the lessor. ., as advanced annual royalty on this lease, the sums of money as follows, to-wit: per acre per annum, in advance, for the first and second years; per acre per annum, in advance, for the third and fourth years; and per acre per annum, in advance, for the fifth and each succeeding year thereafter of the term for which this Ibase is to run; it being understood and agreed that said- sums of money so paid shall be a credit on the stipulated royalties should the same exceed such sums paid as advanced royalty; and further, that should the part. . of the second neglect or refuse to pay such advanced annual royalty for the period of sixty- days after the same becomes due and payable, then this lease shall, at the op- tion of the lessoi.., be null and void, and all royalties paid in advance shall become the money and the property of the lessor. . All royalty accruing for any month shall be due and payable on or before the twenty-fifth day of the month succeeding. It is agreed by the parties hereto that the land described herein shall not be held by the part . . of the second part for speculative purposes, but in good faith for mining the minerals specified; and a failure for one year by the part . . of the second part to do a reasonable amount of development work or of mining shall be held as a want of compliance with the purposes of the lease- and shall render it null and void. The party of the second part further agree, .and bind :... heirs, executors, administrators, successors or assigns to pay, or cause to be paid to the part, .of the first part the royalty as it becomes due. The party ol the second part further covenant, .and agree, .to exercise diligence in the conduct of the prospecting and mining operations, and to open mines and operate the same in a workmanlike manner and to the fullest pos- sible extent on the leased premises; to commit no waste upon said premises, or upon the mines that may be thereon, and to suffer no waste to be commit- ted thereon, to take good care of the same, and to surrender and return the- premises at the expiration of this lease to the part, .of the first part, or to whomsoever shall be lawfully entitled thereto, in as good condition as when received, ordinary wear and tear in the proper use of the same for the pur- poses indicated and unavoidable accidents excepted, and not to remove there- from any buildings or improvements erected thereon during said term by.... the part . . of the second part, but said buildings and improvements shall re-- main a part of said land and become the property of the owner of the land as a part of the consideration for this lease, in addition to the other considera- tions herein specified, except engines, tools, boilers, boiler-houses and machin ery, which shall remain the property of said part., of the second part; that will not permit any nuisance to be maintained on the premises, nor- allow any intoxicating liquors to he sold or given away for any purpose on the premises, and that will not use the premises for any other purpose- than that authorized in this lease, nor allow them to be used for any other pur-- BRADLEY'S MANUAL OF STATISTICAL INFORMATION. 61 pose; that will not at any time during the term hereby granted assign, transfer or sublet estate, interest or term in said premises and land, or the appurtenances thereto, to any person or persons whomsoever without the writen consent thereto of the part., of the first part being first obtained, subject to the approval of he Secreary of the Interior. And the sa 3 part. . of the second part further covenant, .and agree, .that will allow said lessor, .and his agents, from time to time, to enter upon and in all parts of said premises for the purposes of inspection, and agree.. to keep an accurate account of all mining operations, showing the whole amount of mineral mined or removed, and make report thereof prompt- ly, under oath, at the end of each month to the lessor. . , and to the Secretary of the Interior through such officer as he may designate, and that all sums due as royalty shall be a lien on all implements, tools, movable machinery and other personal chatels used in said prospecting and mining operations, and upon all the mineral obtained from the land herein leased, as security for the payment of said royalties. And the part., of the second part agree., that this indenture of lease shall in all respects be subject to the rules and regulations heretofore or that may hereafter be lawfully prescribed by the Secretary of the Interior relative to such mineral leases in the Creek Nation; and said part. . of the second part expressly agree., that should sublessees, heirs, executors, tions or provisions of this lease, or fail for the period of sixty days to pay the administrators, successors or assigns violate any of the covenants, stipula- stipulated monthly royalty provided for herein, then the part, .of the first part shall be at liberty, in discretion, to avoid this indenture of lease and cause the same to be annulled, when all the rights, franchises and privileges of the part.. 01 the second part, sublessees, executors, administra- tors, successors or assigns hereunder shall cease and end without further pro- ceedings. If the lessee., make., reasonable and bona fide effort to find and mine in paying quantity, as is herein required of , and such effort is unsuccessful, may at any time thereafter, with the approval of the Secretary of the Interior, surrender and wholly terminate this lease upon the full payment and performance of all then existing obligations hereunder: Provided, however. That approval of such surrender by the Secretary will be required only during the time his approval of the alienation of the land is required by law. It is -further agreed and understood that this lease shall be of no force and effect unless the part., of the second part shall, within sixty days from the date of approval of the application filed in connection herewith, furnish a satisfactory bond in accordance with the regulations of July 10, 1903, prescrib- ed by the Secretary of the Interior. In witness whereof the said parties of the first and second parts have hereunto set their hands and affixed their seals the day and year first above written. Witnesses: (a) • :Y lUiiYs p. O as to. .... tSEAL. p. O P. O as to jSEAL.] 62 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. P. O P. O as to P. 0 P. O P. 0 as to (a) Two witnesses to all signatures. BOND. Know all men by these presents, that ®f as principal.., and [SEAL.] I SEAL.] or as suret.., are held and firmly hound unto the United States of America in the sum of dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, and each of us, our heirs, successors, executors, or administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated day of The condition of this obligation is such that whereas the above bounden as principal.., entered into certain indenture of lease, dated , with f©r the lease of a tract of land described as follows: and located in the Creek Nation, Indian Territory, for purposes for the period of years from the date thereof. Now, if the above-bounden shall faithfully carry out and observe all the obligations assumed in said indenture of lease by and shall observe all the laws of the United States, and regulations made, or which shall be made thereunder, for the government of trade and intercourse with Indian tribes, and all the rules and regulations that have been, or may be, prescribed by the Secretary of the Interior under section 17 of the act approved June 30, 1902 (32 Stat., L., 500), relative to leases in the Creek nation, Indian Territory, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed in the presence of— Witnesses: P. 0. as to l SEAL.] BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 63 ±*. 1 o p. 0 [SEAL,. I p. o p. 0 as to LSEAL.J p. 0 p. 0 [SEA 1 ■ | P. O (a) Two witnesses to all signatures. AFFIDAVIT OF SURETY. (To be used only when individual sureties are offered.) I, , one of the sureties on the prefixed bond of as , depose and say that I am worth in unincumbered property, over and above my debts, liabilities, and exemptions under ihe laws of the of dollars and upward, as follows: Real estate, valued at dollars. situate in and consisting of (a) ) ) ) ; and Personal estate, valued at dollars, located in and consisting of (b) ) ) ) (Signature) (Post-office address) Subscribed and sworn to before be this day of [SEAL.] I, do hereby certify that who administered the above oath, was, at the time of doing so, a in and for said duly qualified to act as such, and to administer oaths in such cases, and that I believe his signature, as above written, is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of this day of , one thousand nine hundred and 64 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. THOMAS M. BUFFINGTON, EX-CHIEF OF THE CHEROKEE NATION. HOME. OF MR. AND MRS. J. E. FOSTER, ARDMORE, INDIAN TERRITORY. SEMINOLE LIGHT HORSEMEN AT WEWOKA DURING PAYMENT OF FUNDS. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 65 66 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. (a) Here state whether city property, improved or unimproved, farm, or unimproved land. Property must be described by street numbers, lot num- bers, or section, township, and range numbers. (b) Here describe the nature of the property, whether notes, bonds, stocks, merchandise, etc. State also, as nearly as practicable, the present market value. XLbe CboctawsCbtckasaw Hreatu [Passed the House and Senate and Approved July 1, 1902.] An act to ratify and confirm an agreement with the Choctaw and Ohicka saw tribes of Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following agreement, made by the Commission to the Five Civilized Tribes with the commissions- repre- senting the Choctaw and Chickasaw tribes of Indians on the twenty-first day of March, nineteen hundred and two, be, and the same is hereby, ratified and confirmed, to-wit: AGREEMENT BETWEEN THE UNITED STATES AND THE CHOCTAWS AND CHICKASAWS. This agreement, by and between the United States, entered into In its behalf by Henry L. Dawes, Tams Bixby, Thomas B. Needles, and Clifton R. Breckinridge, commissioners duly appointed and authorized thereunto, and the Choctaw and Chickasaw tribes of Indians in Indian Territory, respectively, entered into in behalf of such Qhoctaw and Chickasaw tribes, by Gilbert W. Dukes, Green McCurtain, Thomas E. Sanguin, and Simon E. Lewis in behalf of the Choctaw tribe of Indians; and Douglas H. Johnson, Calvin J. Grant, Holmes Willis, Edward B. Johnson, and Benjamin H. Colbert in behalf of the Chickasaw tribe of Indians, commissioners duly appointed and authorized thereunto— Witnesseth that, in consideration of the mutual undertakings herein con- tained, it is agreed as follows: DEFINITIONS. 1. Wherever used in this agreement the words “nations” and “tribes” shall each be held to mean the Choctaw and Chickasaw nations or tribes of Indians in Indian. Territory. 2. The word “chief executives” shall be held to mean the principal chief of the Choctaw Nation and the Governor of the Chickasaw Nation. 3. The words “member” or “members” and “citizen” or “citizens" shall be held to mean members or citizens of the Choctaw or Chickasaw tribes of Indians in Indian Territory, not including freedmen. 4. The term “Atoka agreement” shall be held to mean the agreement made by the Commission to the Five Civilized Tribes with the commissioners representing the Choctaw and Chickasaw trbes of Indans at Atoka, Indian Territory, and embodied in the Act of Congress approved June twenty-eight, eighteen hundred and ninety-eight. _ (30 Stats., 495.) BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 67 5. The word “minor” shall be held to mean males under the age of twenty-one years and females under the age of eighteen years. 6. The word “select” and its various modifications, as applied to allot- ments and homesteads, shall be held to mean the formal application at the land office, to be established by the Commission to the Five Civilized Tribes of the Choctaw and Chickasaw nations, for particular tracts of land. .7. Every word in this agreement importing the masculine gender may extend and be .applied to females as well as males, and the use of the plural may include also the singular, and vice versa. 8. The terms “allottable lands” or “lands allottable” shall be deemed to mean all the lands of the Choctaw and Chickasaw tribes not herein reserved Ircm allotment. APPRAISEMENT OF LANDS. 9. All lands belonging to the Choctaw and Chickasaw tribes in the Indian Territory, excepi such as are herein reserved from allotment, shall be ap- praised at their true value: Provided, That in determining such value consid- eration shall not be given to the location thereof, to any mineral deposits, or to any timber except such pine timber as may have been heretofore estimated by the Commission to- the Five Civilized Tribes, and without reference to improvements which may be located thereon. 10. The appraisement as herein provided shall be made by the Commis- sion to the Five Civilized Tribes, and the Choctaw and Chickasaw tribes shan each have a representative to be appointed by the respective executives to co-operate with the said Commission. ALLOTMENT OF LANDS. 11. .There shall be allotted to each member of the Choctaw and Chicka- saw tribes, as soon as practicable after the approval by the Secretary of the Interior of his enrollment as herein Provided, land equal in value to three hundred and twenty acres of the average allottable land of the Choctaw and Chickasaw nations, and to each Choctaw and Chickasaw freedman, as soon as practicable after the approval by the Secretary of the Interior of his en- rollment, land equal in value to forty acres of the average allottable land ot the Choctaw and Chickasaw nations; to conform, as nearly as may be, to the areas and boundaries established by the Government survey, which laud may be selected by each allottee so as to include his improvements. For the pur- pose of making allotments and designating homesteads hereunder, the forty acre or quarter-quarter sub-divisions established by the Government survey may be dealt with as further sub-divided into four equal parts in the usual manner, thus making the smallest legal sub-division ten acres, or a quarter of a quarter of a quarter of a section. 12. Each member of said tribe shall, at the time of the selection of his allotment, designate as a homestead out of said allotment land equal in value to one hundred and sixty acres of the average allottable land of the Choctaw and Chickasaw nations, as nearly as may be, w-hich shall be inalien- able during the lifetime of the allottee, not exceeding twnty-one years from the date of certificate of allotment, and separate certificate and patent shall issue for said homestead. 13. The allotment of each Choctaw and Chickasaw freedman shall be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of certificate of allotment. 68 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 14. When allotments as herein provided have been made to all citizens and freedmen, the residue of lands not herein reserved or otherwise disposed of, if any theie be, shall he sold at public auctions under rules and regulations and on terms to be prescribed by the Secretary of the Interior, and so much of the proceeds as may be necessary lor equalizing allotments shall be used for that purpose, and the balance shall be paid in o the treasury of the United States to the credit of the Choctaws and Chickasaws and distributed per capita as other funds of the tribes. 15. Lands allotted to members and freedmen shall not be effected or encumbered by any deed, debt, or obligation of any character contracted prior to the time at which said land may be alienated under this Act, nor snail said land be sold except as herein provided. 63. The chiei executives of the two tribes shall execute and deliver, with the approval or the Secretary of the In erior, to each purchaser of any coal or Asphalt lands so sold, and to each purchaser of any coal or asphalt deposits so sold, an appropriate patent or instrument of conveyance, conveying to the purchaser the property so sold. 16. All lands allotted to the members of said tribes, except such land as is set aside to each for a homestead as herein provided, shall be alienable after issuance of patent as follows: One fourth in acreage in one year, one- fourth in acreage in three years, and the balance in five years; in each case from date of patent: Provided, That such land shall not be alienable by the allottee or his heirs at any time before the expiration of the Choctaw ana Chickasaw tribal governments for less than its appraised value. 17. If, for any reason, an allotment should not be selected or a home- stead designated by, or on behalf cf, any member or freedman, it shall be the duty of said Commission to make said selection and designation. 18. In the making of allotments and in the designation of homesteads for members of said tribes, tinder the provisions of this agreement, said Com- mission shall not be required to divide lands into tracts of less than the smallest legal sub-division provided for in paragraph eleven hereof. 19. It shall be unlawful after ninety days after the date of the final ratifi- cation of this agreement for any member of the Choctaw or Chickasaw tribes to enclose or hold possession of in any manner, by himself cr through another, directly or indirectly, more lands in value than that, of three hundred and twenty acres of average allottable lands of the Choctaw and Chickasaw na- tions, as provided! by the terms of this agreement, either for himself or for his wife, or for each of his minor children if members of said tribes; and any member of sail tribes found in such possession of lands, or having the same in any manner enclosed after the expiration of ninety days after the date of the final ratification of this agreement, shall be deemed guilty of a mis- demeanor. 20. It shail he unlawful after ninety days after the date of the final rat- ification of this agreement for any Choctaw or Chickasaw freedman to en- close or hold possession of in any manner, by himself or through another, directly or indirectly, more than so much land as shall he equal in value to forty acres of the average allottable lands of the Choctaw and Chickasaw tribes as provided by the terms of this agreement, either for himself or for his wife, or for each of his minor children, if they be Choctaw or Chickasaw treedmen; and any freedman found in such possession of lands, or having the same in any manner enclosed after the expiration of ninety days after the BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 69 date of the final ratification of this agreement, shall be deemed guilyt of i misdemeanor. 21. Any person convicted of violating any of the provisions of sections 19 and 20 of this agreement shall be punished by a fine of not less than one hundred dollars, and shall stand committed until said fine and costs are paid (such commitment not to exceed one day for every two dollars of said fine and costs) and shall forfeit possession of any property in question, and each day on which such offense is committed or continues to exist, shall be deemed a separate offense. And the United States district attorneys for the districts in which said nations are situated, are required to see that the provisions ot said sections are strictly enforced, and they shall immediately after the ex- piration of ninety days after the date of the final ratification of this agreement proceed to dispossess all persons of such excessive holdings of lands, and to prosecute them for so unlawfully holding the same. And the Commission to the Five Civilized Tribes shall have authority to make investigation of all violations of sections 19 and 20 of this agreement, and make report thereon to the Unted States district attorneys. 22. If any person whose name appears upon the rolls, prepared as herein provided, shall have died subsequent to the ratification of this agreement and before receiving his allotment of land the lands to which such person would have been entitled if living shall be allotted in his name, and shall, together with his proportionate share of other tribal property, descend to his heirs according to the laws of descent and distribution as provided in chapter forty-nine of Mansfield’s Digest of the Statutes of Arkansas: Provided, That the allotment thus to be made shall be selected by a duly appointed adminis- trator or executor. If, however, such administrator or executor be not duly and expeditiously appointed, or fails to act promptly when appointed, or for any other cause such selection be not so made within a reasonable and prac ticable time, the Commission to the Five Civilized Tribes shall designate the lands thus to be allotted. 23. Allotment certificates issued by the Commission to the Five Civilized Tribes shall be conclusive evidence of the right of- any allottee to the tract of land described therein; and the United States Indian Agent at the Union Agency shall, upon the application of the allottee, place him in possession of his allotment, and shall remove therefrom all persons objectionable to such allottee and the acts of the Indian Agent hereunder shall not be controlled by the writ or process of any court. 24. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes to determine under the direction of the Secretary of the Interior ail matters relating to the allotment of lands. EXCESSIVE HOLDINGS. 26. After the opening of a land office for allotment purposes in both the Choctaw and Chickasaw Nations any citizen or freedman of either of said nations may appear before the Commission to the Five Civilized Tribes at the land office in the nation in which his land is located and make application for his allotment and for allotments for members of his family and for other persons for whom he is lawfully authorized to apply for allotments, including homesteads, and after the expiration of ninety days following the opening of such land offices any such applicant may make allegation that the land or any part of the land that he desires to have allotted is held by another citizen or person in excess of the amount of land to which said citizen or person is 70 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. lawfully entitled, and that he desires to have said land allotted to him or mem- bers of his family as herein provided; and thereupon said Commission shall serve notice upon the person alleged to be holding land in excess of the lawful amount to which he may be entitled, said notice to set forth the fact alleged and the name and post-office address of the person alleging the same, and the rights and consequences herein provided, and the person so alleged to be holding land contrary to law shall be allowed thirty days from the date of the service of said notice in which to appear at one of said land offices and to select his allotment and the allotments he may be lawfully authorized to select, including homesteads; and if at the end of thirty days last provided for the person upon whom said notice has been served has not selected his allotment and allotments as provided, then the Commission to the Five Civil- ized Tribes shall immediately make or reserve said allotment for the person or persons who have failed to act in accordance with the notice aforesaid, having due regard for the best interest of said allottees; and after such allot- ments have been made or reserved by said Commission, then all ether lands held or claimed, or previously held or claimed by said person or persons, shall be deemed a part of the public domain of the Choctaw and Chickasaw nations and be subject to disposition as such: Provided, That any persons who have previously applied for any part of said lands shall have a prior right of allot- ment of the same in the order of the applications and as their lawful rights may appear. If any citizen or freedman of the Choctaw or Chickasaw nations shall not have selected his allotment within twelve months after the date of the opening of said land offices in said nations, if not herein otherwise provided, and provided that twelve months shall have elapsed from the date of the approval of his enrollment by the Secretary of the Interior, then the Commission to the Five Civilized Tribes may immediately proceed to select an allotment, in- cluding a homestead for such person said allotment and homestead to be select- ed as the commission may deem for the best interest of said person and the same shall be of the same force and effect as if such selection had been made by such citizen or freedman in person, and all lands held or claimed by such persons for whom allotments have been selected by the Commission as provided, and in excess of the amount included in said allotments, shall be a part of the public domain of the Choctaw anti Chickasaw nations and be subject to disposition as such. 26. The following lands shall be reserved from the allotment of lands herein provided for: (a) All lands set apart for townsites either by the terms of the Atoka agreement, the Act of Congress of May 31, 1900, (31 Stats., 221), as herein assented to, or by the terms of this agreement. (b) All lands to which, at the date of the final ratification of this agree- ment, any railroad company may under any treaty or Act of Congress, have a vested right for right of way, depot, station grounds, water stations, stock yards, or similar uses connected with the maintenance and operation of the railroad ( pi the str.p of land lying between the city of Fort Smith, Arkansas, and tie Arkansas and Poteau rivers, extending up the said Poteau river to the mouth of Mill C reek. (cl) All lands which shall be segregated and reserved by the Secretary of the Interior tn acoount of their coal or asphalt deposits, as hereinafter provided. And the lands selected by the Secretary of the Interior at and in BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 71 CREEK NATION GIRLS IN NATIVE DRESS. OUiiB HOTEL, VINITA. 72 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. the vicinity of Sulphur in the Chickasaw Nation, under the cession to the United States hereunder made by said tribes. (e) One hundred and sixty acres for Jones Academy. (f) Cne hundred and sixty acres for Tuskahoma Female Seminary. (g; One hundred and sixty acres for Wheelock Orphan Seminary. (h) One hundred and sixty acres for Armstrong Orphan Academy. (i) Fiv^ acres for capitol building of the Choctaw Nation. (j) One hundred and sixty acres for Bloomfield Academy. (lc) One hundred and sixty acres for Lebanon Orphan Home. (l) One hundred and sixty acres for Harley Institute. . (m) One hundred and sixty acres for Rock Academy. (n) One hundred and sixty acres for Collins Institute. (o) Five acres for the capitol building of the Chickasaw Nation. (p) Eighty acres for J. S. Murrow. (41 Eighty acres for H. R. Sehermerhorn. (r) Eighty acres for widow of R. S. Bell. (s) A leusonable amount of land, to be determined by the tcwnsite commissioners, to include all tribal court-houses and jails and other tribal public buildings. * (t) Five acres for any cemetery located by the townsite commissioners prior to the date of the final ratification of this agreement. (u) One acre for any church under the control of and used exclusively by the Ct< etaw or Chickasaw citizens at the date of the final ratification of this agreement. ( v ; One acre each for all Choctaw or Chickasaw schools under the supervision of the authorities of the Choctaw or Chickasaw Nations and officials of Ho United States. And the r.cre so reserved for any church or school in any quarter section of land shall be located when practicable in a corner of such quarter section h ing adjacent to the section line thereof. ROLLS OF CITIZENSHIP. 27 The rolls of the Choctaw and Chickasaw citizens and Choctaw and Chickasaw freedmen shall be made by the Commission to the Five Civilized Tribes, in strict compliance with the Act of Congress approved June 28, 1898, CT Stats., 195), and the act of Congress approved May 31, 1900, (31 Stats., 223), except as herein otherwise provided: Provided, That no person claiming right to enrollment and allotment and distribution of tribal property, by virtue of a judgment of the United States Court in the Indian Territory under the act of June 10, 1896, (29 Stats., 321), and which right is contested by legal proceedings instituted under the provisions of this agreement, shall be en- rolled or receive allotment of lands or distribution of tribal property until his light thereto has been finally determined: 28. The names of all persons living on the date of the final ratification of this agreement entitled to he enrolled as provided in section 27 hereof shall be placed upon the rolls made by said Commission; and no child born thereafter to a citizen ®r freedman and no person intermarried thereafter to a citizen shall he entitled to enrollment or to participate in the distribution of the tribal property of the Choctaws and Chickasaws. 29. No person whose name appears upon the rolls made by the Commission to the Five Civilized Tribes as a citizen or freedman of any other tribe shall be enrolled as a citizen or freedman of the Choctaw or Chickasaw nations. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 73 30. For the purpose of expediting the enrollment of the Choctaw and Chickasaw citizens and Choctaw and Chickasaw freedmen, the said commis- sion shall, from time to time, and as early as practicable, forward to the Sec- ret. i’w of the Interior lists upon which shall be placed the names of those persons found Dy the Commission to be entitled to enrollment. The lists thus prepared, when approved by the Secretary of the Interior, shall constitute a part and parcel of the final rolls of citizens of Choctaw and Chickasaw tribes and of Choctaw and Chickasaw freedmen, upon which allotment of Sand and disf'i'jutiou of other tribal property shall be made as herein provided. Lists shall be n rde up and forwarded when contests of whatever character shali have bten determined, and when there shall have been submitted to and approved by the Secretary of the Interior lists embracing names of all those lawfully entitled to enrollment, the rolls shall be deemed complete. The rolls so prepared shall be made in quintuplicate, one to be deposited with the Sec- retary of the interior, one with the Commissioner of Indian Affairs one with the principal chief of the Choctaw Nation, one with the governor of the Chick- asaw nation, and one to remain witn the Commission to the Five Civilized T ribes. 31. It being claimed and insisted by the Choctaw and Chickasaw nations that the United States courts in the Indian Territory, acting under the act of Congress approved June 10, 1896, have admitted persons to citizenship or to enrollment as such citizens in the Choctaw and Chickasaw nations, re- spectively, without notice of the proceedings in such courts being given to each of said nations; and it b ing insisted by said nations that, in such proceedings, notice to each of said nations was indispensable, and it being claimed and insisted by said nations that the proceedings in the Unted States courts in the Indian Territory, under the said act of June 10, 1896, should have been confined to a review of the action of the Commission to the Five Civilized Tribes, upon the papers and evidence submitted to such commission, and should not have extended to a trial de novo of the question of citizenship; and it being desirable to finally determine these questions, the two nations, jointly, or either of said nations acting sep- arately and making the other a party defendant, may, within ninety days after this agreement becomes effective, by a bill in equity filed in the Choctaw and Chickasaw citizenship court hereinafter named, seek the annulment and vacation of all such decisions by said courts. Ten persons so admitted to citizenship or enrollment by said courts, with notice to one but not to botn of said nations, shall be made defendants to said suit as representatives of the entire class of persons similarly situated the number of such persons being too numerous to require all of them to be made individual parties to the suit, but any person so situated may, upon his application, be made a party de- fendant to the suit. Notice of the institution of the said suit shall be person- ally served upon the chief executive of the defendant nation, if either nation be made a party defendant, as aforesaid, and upon each of said ten representa- tive defendants, and shall also be published for a period of lour weeks in at least two weekly newspapers having general circulation in the Choctaw and Chick- asaw nations. Such notice shall set forth the nature and prayer of the bill, wiin the time for answering the same, which shall not be less ^an thirty days after the last publication. Said suit shall be determined at the earliest practicable time, shall be confined to a final determination of the question of law here named, and shall be without prejudice to the determination of any charge or claim that the admisston of such persons to citizenship or en- 74 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. rollment by said United States Courts in the Indian Territory was wrongfully obtained as provided in the next section. In the event said citizenship judg- ment or decisions are annulled or vacated in the test suit hereinbefore author- ized, because of either or both of the irregularities claimed and insisted upon by said nations as aforesaid, then the files, papers, and proceedings in any citizenship case in which the judgment or decision is so annulled or vacated shall, upon wiltien application therefor, made within ninety days tnereafter by any party tnereto, who is thus deprived of a favorable judgment upon his claimed citizenship, be transferred and certifies to said citizenship court by the court having custody and control of such files, papers and proceedings and upon the filing in such citizenship court of the files, papers and proceedings of the transfer and certification thereof has been given to the chief executive officer of each of said nations, said citizenship case shall be docketed in said citizensnip court, and such further proceedings shall be had therein in that court as ought to have been had in the court to which the same was taken on appeal from the Commission to tne Five Civilized Tribes, and as if no judgment or decision had been rendered therein. 33. Said citizenship court shall also have appellate jurisdiction over ail judgments cf Die courts in Indian Territory rendered under said Act of Con- gress cf June tenth, eighteen hundred and ninety-six, admitting persons to citizenship or to enrollment as citizens in either of said nations. The right of appeal may be exercised by the said natons jontly or by either of them acting separately at any time within six months after this agreement is finally ratified, in f he exercise of such appellate jurisdiction said citizenship court shail be authorized to consider, review, and revise all such judgments, both as to findings of fact and conclusions of law, and may, wherever in its judg- ment substantial justice will thereby he subserved,- permit either party to any such appeal to take and present such further evidence as may be necessary to enable said court to determine the very right of the controversy. And said court shall have power to make all needful rules and regulations prescribing the manner of taking and conducting said appeals and of taking additional evidence t’mrem. Such citizenship court shall also have like appellate juris- diciion and authority over judgments rendered by such courts under the said act denying claims to citizenship or to enrollment as citizens in either of said nations. Such appeals shall be taken within the time hereinbefore specified and shall he taken, conducted and disposed of in the same manner as appeals by the said naiions, save that notice or appeals by citizenship claimants shall he served urnn the chief executive officer of both nations: Provided, That paragraphs thirty-one, thirty-two and thirty-three hereof shall go into effect immediately after the passage of this Act by Congress. 33. A court is hereby created to be known as the Choctaw and Chicka- saw Citizenship Court, the existence of which shall terminate upon the final determination of the suits and proceedings named in the last two preceding sections, but in no event later than the 31st day of December, 1903. Said court shalx have all authority and power necessary to the hearing and deter- mination of Ihe suits and proceedings so committed to its jurisdiction includ- ing the authority to issue and enforce all requisite writs, process and orders and to prescribe rules and regulations for the transaction of its business. It shall also have all the power of a Circuit Court of the United States in com- pelling the production of books, papers, and documents, the attendance of witnesses, ant. in punishing contempt. Except where herein otherwise ex- pressly provided, the pleadings, practice and proceedings in said court shall BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 75 conform, as near as may be, to the pleadings, practice and proceedings in equity causes in the Circuit Courts of the United States. The testimony shall be taken in court or before one of the judges, so far as practicable. Each judge shall be authorized to grant, in vacation or recess, interlocutory orders and to hear and dispose of interlocutory motions not affecting the substantia; merits of the case. Said court shall have a chief judge and two associate judges, a clerk, a stenographer, who shall be deputy clerk, and a bailiff. The judges shall be appointed by the President, by and with the advice and con- sent of the Senate, and shall each receive a compensation of five thousand dollars per annum, and his necessary and actual traveling and personal ex- penses while engaged in the performance of his duties. The clerk, stenog- rapher, and bailiff shall be appointed by the judges, or a majority of them, and shall receive the following yearly compensation: Clerk, two thousand fou: hundred dollars; stenographer, twelve hundred dollars; bailiff, nine hun- dred dollars. The compensation of all these Officers shall be paid by the United States in monthly installments. The moneys to pay said compensation are hereby appropriated, and there is also hereby appropriated the sum of five thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the Secretary of the Interior, to pay such contingent expenses of said court and its officers as to such Secretary may seem proper. Said court shall have a seal, shall sit at such a place or places in the Choctaw and Chickasaw nations as the judges may designate, and shall hold public sessions, beginning the first Monday in each month, so far as may be practicable or necersary. Each judge and the clerk and the deputy clerk shall be authorized to administer oaths. All writs and process issued by said court shall be served by the United States Marshal for the cistrict m which the service is to be had. The fees for servirg pro- cess and the fees of witnesses shall be paid by the party at whose instance such process is issued or such witnesses are subpoenaed, and the rate or ainiiii ■ or, such fees shall be the same as is allowed in civil causes in the circuit court of the United States for the Western District of Arkansas. No fees shall be charged by the clerk or other officers of said court. The clerk of tbs United States Court in Indian Territory, having custody and control of the files, papers, and proceedings in the original citizenship cases, shall re- ceive a fee of two dollars and fifty cents for transferring and certifying tc the citizenship court the files, papers, and proceedings in each case, without regard to «Le number of persons whose citizenship is involved therein, and said fee shall be paid by the person appealing for such transfer and certification. The judgment of the citizenship court in any or all of the suits or proceed- ings so committed to its jurisdiction shall be final. All expenses necessary to the proper conduct, on behalf of the nations, of the suits and proceedings provided for in this and the two preceding sections shall be incurred under the direction of the executives of the two nations, and the Secretary of the Interior is hereby authorized, upon certificate of said executives, to pay such expenses as in his judgment are reasonable and necessary out of any of the joint funds of said nations in the Treasury of the United States. 34. During the ninety days first following the date of the final ratifica- tion of this agreement, the Commission to the live Civilized Tribes may re- ceive applications for enrollment only of persons whose names are on the tribal rolls, but who have not heretofore been enrolled by said Commission, commonly known as '‘delinquents,” and such intermarried white persons as may have married recognized citizens of the Choctaw and Chickasaw nations 76 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. in accord Free with the tribal laws, customs and usages on or before the date of the passage of this act by Congress; and such infant children as may have been born tc recognized and enrolled citizens on or before the date of the final ratification of this agreement; but the application of no person whomso- ever, for enrollment shall be received after the expiration of the said ninety days Provided, That nothing in this section shall apply to any person or persons malting application for enrollment as Mississippi Choctaws for whom provision has herein otherwise been made. 35. No person whose name does not appear upon the rolls prepared as herein provided shall be entitled to in any manner participate in the dis- tribution of the common property of the Choctaw and Chickasaw tribes, and tbo c _ "'hose names appear thereon shall participate in the manner set forth in this agreement: Provided, That no allotment of land or other tribal prop- erty shall be made to any person, or to the heirs of any person whose name is on the said rolls, and who died prior to the date of the final ratification of this agreement. The right of such person to any interest in the lands or other tribal property shall be deemed to have become extinguished and to have passed to the tribe in general upon his death before the date of the final rati- fication of this agreement, and any person or persons who may conceal the death cf anyone on said rolls as aforesaid, for the purpose of profiting by the said concealment, and who shall knowingly receive any portion of any land or oi her tribal property, or of the proceeds so arising from any allotment pro- hibited by this section, shall be deemed guilty if a felony, and shall be pro- ceeded against as may be provided in other cases of felony, and the penalty for this offense shall be confinement at hard labor for a period of not less than one year nor more than five years, and in addition thereto, a forfeiture to the Choctaw and Chickasaw nations of the lands, or other tribal property, and proceeds so obtained. CHICKASAW FREEDMEN. 3b. Authority is hereby conferred upon the Court of Claims to determine the existing controversy respecting the relations of the Chickasaw freedmen to the Chickasaw nation and the rights of such freedmen in the lands of the Choc 1 aw and Chickasaw nations under the third article of the treaty of eigh- teen hundred and sixty-six, between the United States and the Choctaw and Chickasaw Nations, and under any and all laws subsequently enacted by the Chickasaw legislature or by Congress. 37. To that end the Attorney General of the United States is hereby di- rected, on behalf of the United States, to file in said Court of Claims, within sixty days afte 1 " this agreement becomes effective, a bill of interpleader against the Choctaw and Chickasaw nations and the Chickasaw freedmen, setting forth the existing controversy between the Chickasaw nation and the Chickasaw freedmen and praying that the defendants thereto be required to interplead and settle their respective rights in such suit. 38. Service of process in the suit may be had on the Choctaw and Chick- asaw nations, respectively, by seiwing upon the principal chief of the forme? and the governor of the latter a certified copy of the bill, with a notice of the time for answering the same, which shall not he less than thirty nor more than sixty days after such service, and may be had upon the Chickasaw freed- men by serving upon each of three known and recognized Chickasaw freed- men a certified copy of the bill, with a like notice of the time for answering the same, and by publishing a notice of the commencement of the suit, setting forth the nature and prayer of the bill, with the time for answering the same. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 77 CHARLES GIBSON AND HIS LITTLE GIRL, EUFAULA. OUT FOR A DRIVE IN THE INDIAN TERRITORY. 78 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. for a period of three weeks in at least two weekly newspapers having gen- eral circulation m the Chickasaw nation. 30. The Choctaw and Chickasaw nations, respectively, may in the man- ner prescribed in sections twenty-one hundred and three to twenty-one hun <3 red and six, both inclusive, of the Revised Statutes, employ counsel to repre- sent them in such suit and protect their interests therein; the Secretary of the Interior shall employ competent counsel to represent the Chickasaw freedmen in said suit and to protect their interests therein; and the compensa- tion of counsel so employed for the Chickasaw freedmen, including all costs of printing their briefs and other incidental expenses on their part, not ex- ceeding six thousand dollars, shall oe paid out of the Treasury of the United States upon certificate of the Secretary of the Interior settting forth the em- ployment and the terms thereof, and stating that the required services have been duly rendered; and any party feeling aggrieved at the decree of the Court of Claims, or any part thereof, may, within, sixty days after the rendition thereof appeal to the Supreme Court, and in each of said courts the suits shall te advanced for hearing and decision at the earliest practicable time. 40. In i ho meantime the Commission to the Five Civilized Tribes shall make a roil of the Chickasaw freedmen and their descendants, as provided in the Atoka agreement, and shall make allotments to them as provided in this agreement, which said allotments shaft he held by the said Chickasaw freed- men, not as temporary allotments, hut as final allotments, and in the event that R shall he finally determined in said suit that the Chickasaw freedmen are roi, independently of this agreement, entitled to allotments in the Choc- taw and Chickasaw lands, the Court ot Claims shall render a decree in favor of (be Choctaw and Chickasaw nations according to their respective interests, and againsc the United States, ior the value of the lands so allotted to the Chickasaw freedmen as ascertained by the appraisal thereof made by the Coir mission to the Five Civilized Tribes for the purpose of allotment, which decree shall take the place of the said lands and shall be in full satisfaction of all claims by the Choctaw and Chickasaw nations against the United States or the said freedmen on account of the taking of the said lands for allotment to said freedmen: Provided, that nothing contained in this paragraph shall he construed to effect or change the existing status or rights of the two tribes as between themselves respecting the lands taken for allotment to freedmen or the money, if any, recovered as compensation tnerefor, as aforesaid. MISSISSIPPI CHOCTAWS. 41. All persons auly identified by the Commission to the Five Civilized Tribes under the provisions of section 21 of the act of Congress approved june 28, 1898 (30 Stats., 495), as Mississippi Choctaws entitled to benefits under article 14 of the treaty between the United States and the Choctaw nation concluded September 27, 1830, may, at any time within six months after the date or their identification as Mississippi Choctaws by the said Com- mission, make tona fide settlement within the Choctaw-Chickasaw country, and upon proof of such settlement to such Commission within one year after the date of their said identification as Mississippi Choctaws shall be enrolled by such Commission as Mississippi Choctaws entitled to allotment as herein provided for citizens of the tribes, subject to the special provisions herein pro" vided as to Mississippi Choctaws, and said enrollment shall be final when ap- proved by the Secretary of the Interior. The application of no person for identification as a Mississippi Choctaw shall be received by said Commission BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 79 after six months subsequent to the date of the final ratification of this agree- ment and m the disposition of such applications all full-bl od Mississippi Choctaw Indians and the descendants of any Mississippi Choctaw Indians whether of full or mixed blood who received a patent to land under the said fourteenth article of the said treaty of eighteen hundred and thirty who had not moved to and made bona fide settlement in the Choctaw-Chickasaw coun- try prior to June twenty-eight, eighteen hundred and ninety-eight, shall P« deemed to be Mississippi Choctaws, entitled to benefits under article four- teen 01 the sam treaty of September twenty-seventh, eighteen hundred and thirty, and to identification as such by said Commission, but this direction or provision shall be deemed to be only a rule of evidence and shall not be invoked by or operate to the advantage of any applicant who is not a Miss- ippi Choctaw who received a patent to land under said treaty, or who is ippi Choctew who received a patent to land under said treaty, or who is otherwise barred from the right of citizenship in the Choctaw Nation, all of said Mississippi Choctaws so enrolled by said Commission shall be upon a separate roll. 42. When any such Mississippi Choctaws shall have in good faith contin- uously resided upon the lands of the . Choctaw and Chickasaw Nations for a period of three years, including his residence thereon before and after such enrollment, he shall, upon due proof of such continuous bona fide residence, made in such manner and before such officer as may be designated by the Secretary of une Interior, receive a patent for his allotment, as provided in the Atoka, agreement, and he shall hold the lands allotted to him as provided ir. this agreement for citizens of the Choctaw and Chickasaw nations. 43. Applications for enrollment as Mississippi Choctaws, and applica- tions to have land set apart to them as such, must be made personally before to Commission to the Five Civilized Tribes. Fathers may apply for their minor children; and if the father be dead, the mother may apply; husbands may apply for wives. Applications for orphans, insane persons, and persons of unsound mind may be made by duly appointed guardian or curator, and for aged and infirm persons and prisoners by agents duly authorized thereunto by power of attorney, in the discretion of said Commission. 44. If within four years after such enrollment any such Mississippi Choc- taw, or his heirs or representatives if he be dead, fails to make proof of such continuous bona fide residence for the period so prescribed, or up to the time of the death or such Mississippi Choctaw, in case of his death after enroll- ment, he, and his heirs and representatives if he be dead, shall be deemed to have acquired i o interest in the lands set apart to him, and the same shall be sold at public auction for cash, under rules and regulations prescribed by the Secretary cf the Interior, and the proceeds paid into tne Treasury of the United States to the credit of the Choctaw and Chickasaw tribes, and distributed per capita with other funds of the tribes. Such lands shall not be sold for less than their appraised value. Upon payment of the full purchase- price patent shall issue to the purchaser. TOWN SITES. 45. The Choctaw and Chickasaw tribes hereby assent to the act of Congress approved May 31, 1900 (31 Stats., 221), in so far as it pertains to town sites in the Choctaw and Chickasaw nations, ratifying and confirming all acts of the Government of the United States thereunder, and consent to a continuance of the provisions of said act not in conflict with the terms of 80 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. this agreement. 46. As to those townsites heretofore set aside by the Secretary of tne interior on the recommendation of the Commission to the Five Civilized Tribes, as provided in said act of Congress of May 31, 1900, such additional acreage may be added thereto, in like manner as the original town site was set apart, as may be necessary for the present needs and reasonable prospective growth of said town sites, the total acreage not to exceed six hundred and forty acres for each town site. 47. The lands which may hereafter be set aside and reserved for town sites upon the recommendation of the Commission to the Five Civilized Tribes under the provisions of said act May 31, 1900, shall embrace such acreage as may be necessary for the present needs and reasonable prospective growth of such town sites, not to exceed six hundred and forty acres for each town site. 48. Whenever any tract of land snail be set aside for town site purposes as provided in said act of May 31, 1900, or by the terms of this agreement, which is occupied by any member of the Choctaw or Chickasaw nations, such occupant shall be fully compensated for his improvements thereon, out of the funds of the tribes arising from the sale of town sites, under rules and regulations to be prescribed by the Secretary of the Interior, the value of such improvements to be determined by a board of appraisers, one member of which shall be appointed by the Secretary of the Interior, one by the chief executive of the tribe in which the town site is located, and one by the occu- pant of the land, said board of appraisers to be paid such compensation for their services as may be determined by the Secretary of the Interior out of any appropriation tor surveying, laying out, platting, and selling town sites. 49. Whenever the chief executive of the Choctaw or Chickasaw Nation fails or refuses to appoint a townsite commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town site commissioner ap pointed by the chief executive of the Choctaw or Chickasaw Nation to qual- ify or act, or otherwise, the Secretary of the Interior, in his discretion, may appoint a commissioner to fill the vacancy thus created. 50. There shall be appointed, in the manner provided in the Atoka agree ment, such additional town site commissions as the Secretary of the Interior may deem necessary, for the speedy disposal of all town sites in said nations: Provided, That the jurisdiction of said additional town site commissions shall extend to such town sues only as shall be designated by the oecretary of the interior. 51. Upon the payment of the full amount of the purchase price of any lot in any town site in the Choctaw and Chickasaw nations, appraised and sold as herein provided, "or sold as herein provided, the chief executives of said nations shall jointly execute, under their hands, and the seals of the respective nations, and deliver to the purchaser of the said lot, a patent convey- ing to him all right, title, and interest of the Choctaw and Chickasaw tribes in and to said lot. 52. All town lots in any one town site to be conveyed to one person shall, as far as practicable, be included in one patent, and all patents shall be ex- ecuted free of charge to the grantee. 53. Such towns in the Choctaw and Chickasaw nations as may have a population of less than two hundred people, not otherwise provided for, and which in the judgment of the Secretary of the Interior should be set aside as town sites, shall have their limits defined not later than ninety days after BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 81 the final ratification of this agreement, in the same manner as herein pro- vided for other town sites; but in no such case shall more than forty, acres of land he set aside for any such town site: 54. All town sites heretofore set aside by the Secretary of the Interior on the recommendation of the Commission to the Five Civilized Tribes, under the provisions of the act of Congress approved May 31, 1900, (31 Stat., 221), with the additional acreage added thereto, and all town sites which may here- after be set aside, as well as all town sites set aside under the provisions of this agreement having a population of less than two hundred, shall be sur- veyed, laid out, platted, appraised, and disposed of in a like manner, and with like preference rights accorded to owners of improvements as other town sites in the Choctaw and Chickasaw nations are surveyed, laid out, platted, appraised, and disposed of under the Atoka agreement, as modified or supple mented by the said act of May 31, 1900. Provided, That occupants or pur- chasers of lots in town sites in said Choctaw and Chickasaw nations upon which no improvements have been made prior to the passage of this act by Congress shall pay the full appraised value of said lets instead of (he per- centage named in the Atoka agreement. MUNICIPAL CORPORATIONS. 55. Authority is hereby conferred upon municipal corporations in the Choctaw and Chickasaw nations, with the approval of the Secretary of the Interior, to issue bonds and borrow money thereon for sanitary purposes and for the construction of sewers, lighting plants, waterworks, and school houses, subject to all the provisions of 'the laws of the United States in force in the organized Territory of the United States in reference to municipal indebted- ness and issuance of bonds for public purposes; and said provisions of law are hereby put in force in said nations and made applicable to the cities and towns therein the same as if specially enacted in reference thereto; and said municipal corporations are hereby authorizen to vacate streets and alleys, or parts thereof, and said streets and alleys, when so vacated, shall become the property of the adjacent property holders. COAL AND ASPHALT. 56. At the expiration of two years after the final ratification of this agreement all deposits of coal and asphalt which are in lands within the limits of any town site established under the Atoka agreement, or the act of Congress of May 31, 1900, or this agreement, and which are within the ex- terior limits of any lands reserved from allotment on account of their coal or asphalt deposits, as herein provided, and which are not at the time of the final ratification of this agreement embraced in any then existing coal or as- phalt lease, shall be sold at public auction for cash under the direction of the President as hereinafter provided, and the proceeds thereof disposed or’ as herein provided respecting the proceeds of the sale of coal and asphalt lands. 57. All coal and asphalt deposits which are within the limits of any town site so established, which are at the date of the final ratification of this agree- ment, covered by an existing lease, shall, at the expiration of two years after the final ratification of this agreement, be sold at public auction under the direction of the President as hereinafter provided, and the proceeds thereof disposed of as provided in the last preceding section. The coal or asphalt covered by eacn lease shall be separately sold. The purchaser shall take such coal or asphalt deposits subject to the existing lease, and shall by the purchase 82 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. succeed to all the rights of the two tribes of every kind and character, under the lease, hut all advanced royalties received by the tribe shall be retained by them. 58. Within six months after the -final ratification of this agreement the Secretary of the Interior shall ascertain, so far as may be practicable, what lands are principally valuable because of their deposits of coal or asphalt, including therein all lands which at the time of the final ratification of this agreement shall be covered by then existing coal or asphalt leases, and within that time he shall, by a written order, Segregate and reserve from allotment all of said lands. Such segregation and reservation shall conform to the sub- divisions of the Government survey as nearly as may be, and the total segre- gation and reservation shall not exceed five hundred thousand acres. No lands so reserved shall be allotted to any member or freedman and the im- provements of any member or freedman existing upon any of the lands so segregated and reserved at the time of their segregation and reservation shall be appraised under the direction of the Secretary of the Interior, and shall be paid for out of any common funds of the two tribes in the Treasury of the United States, upon the order of the Secretary of the Interior. All coal and asphalt deposits, as well as other minerals which may be found in any lands not so segregated and reserved, shall be deemed a part of the land and shall pass to the allottee or other person who may lawfully acquire title to such lands. 59. All lands segregated and reserved under the last preceding section, excepting those embraced within the limits of a town site, established as hereinbefore provided, shall, within three years from the final ratification of this agreement and before the dissolution of the tribal governments, be sold at public auction for cash, under the direction of the President, by a commission composed of three persons, which shall be appointed by the President, one on the recommendation of the Principal Chief of the Choctaw nation, who shah be a Choctaw by blood, and one on the recommendation of the Governor of the Chickasaw nation, who shall be a Chickasaw by blood. Either of said commissioner's may, at any time, be removed by the President for good cause shown. Each of said commissioners shall be paid at the rata of four thousand dollars per annum,- the Choctaw commissioner to be paid by the Choctaw nation, the Chickasaw commissioner to be paid by the Chick- asaw nation, and the third commissioner to be paid by the United States. In the sale of coal and asphalt lands and coal and asphalt deposits hereunder, the commission shall have the right to reject any or all bids which it considers below the value of any such lands or deposits. The proceeds arising from the sale of coal and asphalt lands and coal and asphalt deposits shall be de- posited in the Treasury of the United States to the credit of said tribes and paid out per capita to the members of said tribes (freedmen excepted) with the other moneys belonging to said tribes in the manner provided by law, The lands embraced within any coal or asphalt lease shall be separately sold, subject to such lease, and the purchaser shall succeed to all the rights of the two tribes of every kind and character, under the lease, but all ad- vanced royalties received by the tribes shall be retained by them. The lands so segregated and reserved, and not included within any existing coal or asphalt lease, shall be sold in tracts not exceeding in area a section under the Government survey. 60. Upon the recommendation of the chief executive of each of the two tribes, and where in the judgment of the President it is advantageous to the SPAULDING INSTITUTE, MUSKOGEE. / 84 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. tribe so to do, the sale of any coal or asphalt lands which are herein directed to be sold may be made at any time after the expiration of six months from the final ratification of this' agreement, without awaiting the expiration of the period of two years, as hereinbefore provided. 61. No lease of any coal or asphalt lands shall be made after the final ratification of this agreement, the provisions of the Atoka agreement to the contrary notwithstanding. 62. Where any lands so as aforesaid segregated and reserved on account of their coal or asphalt deposits are in this agreement specifically reserved from allotment for any other reason, the sale to be made hereunder shall be only of the coal and asphalt deposits contained therein, and in all other re- spects the other specified reservation of such lands herein provided for shall be fully respected. 63. The chief executives of the two tribes shall execute and deliver, with the approval of the Secretary of the Interior, to each purchaser of any coal or asphalt lands so sold, and to each purchaser of any coal or asphalt deposits so sold, an appropriate patent or instrument of conveyance, conveying to the purchaser the property so sold. SULPHUR SPRINGS. 64. The two tribes hereby absolutely and unqualifiedly relinquish, cede, and convey unto the United States a tract or tracts of land at and in the vicin- ity of the village of Sulphur, in the Chickasaw nation, of not exceeding six hundred and forty acres, to be selected, under the direction of the Secretary of the Interior, within four months after the final ratification of this agree- ment, and to embrace all the natural springs in and about said village, and so much of Sulphur Creek, Rock Creek, Buckhorn Creek, and the lands adjacent to said natural springs and creeks as may be deemed necessary by the Sec- retary of the Interior for the proper utilization and control of said springs and the waters of said creeks, which lands shall be so selected as to cause the least interference with the contemplated town site at that place consistent with the purposes for which said cession is made, and when selected the cedel lands shall be held, owned, and controlled by the United States absolutely and without any restriction, save that no part thereof shall be platted or disposed of for town site purposes during the existence of the two tribal governments. Such other lands as may be embraced in a town site at that point shall be disposed of in the manner provided in the Atoka agreement for the disposition of town sites. Within ninety days after the selection of the lands so ceded there shall be deposited in the treasury of the United States, to the credit of the two tribes, from the unappropriated public moneys of the United States, twenty dollars per acre for each acre so selected, which shall be in full compensation for the lands so ceded, and such moneys shall, upon the dissolution of the tribal governments, be divided per capita among the members of the tribes, freedmen excepted, as are other funds of the tribes. All improvements upon the lands so selected which are lawfully there at the time of the ratification of this agreement by Congress shall be ap- praised, under the direction of the Secretary of the Interior, at the true value thereof at the time of the selection of said lands, and shall be paid for by warrants drawn by the Secretary of the Interior upon the Treasury of the United States. Until otherwise provided by law, the Secretary of the Interior may, under rules prescribed for that purpose, regulate and control the use of the water of said springs and creeks and the temporary use and occupation BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 85 of the lands so ceded. No person shall occupy any portion of the lands so ceded, or carry on any business thereon, except as provided in said rules, and until otherwise provided by Congress the laws of the United States relating to the introduction, possession, sale, and giving away of liquors or intoxicants of any kind within the Indian country or Indan reservations shall be applica- ble to the lands so ceded, and said lands shall remain within the jurisdictiou of the'United States court for the Southern District of Indian Territory: Pro- vided, however, That nothing contained in this section shall be construed or held to commit the Government of the United States to any expenditure of money upon said lands or the improvements thereon, except as provided here- in, it being the intention of this provision that in the future the lands and im- provements herein mentioned shall be conveyed by the United States to such Territorial or State organization and may exist at the time when such convey- ance is made. MISCELLANEOUS. 65. The acceptance of patents for minors, prisoners, convicts, and in- competents by persons authorized to select their allotments for them shall be sufficient to hind such minors, prisoners, convicts, and incompetents as to the conveyance of all other lands of the tribes. 66. All patents to allotments of land, when executed, shall be recorded in the office of the Commission to the Five Civilized Tribes within said nations in books appropriate for the purpose, until such time as Congress shall make other suitable provision for record of land titles as provided in the Atoka agreement, without expense to the grantee; and such records shall have like effect as other public records. 67. The provisions of section three of the act of Congress approved June 28, 1898 (30 Stat., 495), shall not apply to or in any manner affect the lands or other property of the Choctaws or Chickasaws or Choctaw and Chickasaw freedmen. 68. No act. of Congress or treaty provision, nor any provision of the Atoka agreement, inconsistent with this agreement, shall be in force in said Choctaw and Chickasaw nations. 69. All controversies arising between the members as to their right to select particular tracts of land shall be determined by the Commission to the Five Civilized Tribes. 70. Allotments may be selected and homesteads designated for minors by the father or mother, if members, or by a guardian or curator, or the ad- ministrator having charge of their estate, in the order named; and for prison- ers, convicts, aged and infirm- persons, by duly appointed agents under power of attorney; and for incompetents by guardians, curators, or other suitable person akin to them; but it shall be the duty of said Commission to see that said selections are made for the best interests of such parties. 71. After the expiration of nine months after the date of the original selection of an allotment, by or for aDy citizen or freedman of the Choctaw or Chickasaw tribes, as provided in this agreement, no contest shall be insti- tuted against such selection. 72. There shall be paid to each citizen of the Chickasaw nation, im- mediately after approval' of his enrollment and right to participate in dis- tribution of tribal property, as herein provided, the sum of forty dollars. Such payment shall be made under the direction of the Secretary of the Interior, and out of the balance of the “arrears of interest” of five hundred and fifty- eight thousand five hundred and twenty dollars and fifty-four cents appro- 86 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. priated by the act of Congress approved June 28, 1898, entitled “An act for th® protection of the people of the Indian Territory, and for other purposes,” yet due to the Chickasaws and remaining to their credit in the Treasury of the United States; and so much of such moneys as may be necessary for Such payment are hereby appropriated and made available for that purpose, and the balance, if any there be, shall remain in the Treasury of the United States, and be distributed per capita with the other funds of the tribes. And all acts of Congress or other treaty provisions in conflict with this provision are hereby repealed. 73. This agreement shall be binding upon the United States and upon the Choctaw and Chickasaw nations and all Choctaws and Chickasaws, when ratified by Congress and by a majority of the whole number of votes cast by the legal voters of the Choctaw and Chickasaw tribes in the manner following: The principal chief of the Choctaw nation and the governor of the Chicka- saw nation shall, within one hundred and twenty days after the ratification of this agreement by Congress, make public proclamation that the same shall be voted upon at ary special election to be held for that purpose within thirty oays thereafter, on a certain day therein named; and all male citizens of each Of the said tribes qualified to vote under the tribal laws shall have a right to vote at the election precinct most convenient to his residence whether the same be within the bounds of his tribe or not. And if this agreement be ratified by said tribes as aforesaid, the date upon which said election is held shall be deemed to be the date of final ratification. 74. The votes cast in both the Choctaw and Chickasaw nations shall be forthwith returned and duly certified by the precinct officers to the na- tional secretaries of said tribes, and shall be presented by said national sec- retaries to a board of commissioners consisting of the principal chief and the national secretary of the Choctaw nation and the governor and national secretary of the Chickasaw nation and two members of the Commission to the Five Civilized Tribes; and said board shall meet without delay at Atoka, In- dian Territory, and canvass and count said votes, and make proclamation of the result. In witness whereof the said commissioners do hereby affix their names at Washington, District of Columbia, this twenty-first day of March, 1902. Approved July 1, 1902. jfull Cert of Cherokee agreement. Each Allottee Will Receive One Hundred and Ten Acres — Provides for the Allotment cf Lands and Fixes Date for Closing the Roll — Desig- nates School and Church Reservations — Townsites are Provided For — Chief Must Call Council Within Ten Days From the Passage of the Act by Congress. A BILL To provide for the allotment of the lands of the Cherokee Nation, for the disposition ot townsites therein, and for other purposes. Be it enacied by the Senate and House of Representatives of the United States of America in Congress assembled: IN THE MEADOW. BRADLEY’S MANUAL OF STATISTICAL INFORMATION, 87 88 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Definition of Words Employed Herein. 1. The words “nation” and “tribe” shall each be held to refer to the Cherokee Nation or tribe of Indians in Indian Territory. 2. The words “principal chief” or “chief executive” shall be held to mean the principal chief of said tribe. 3. The words “Dawes Commission” and “Commissicn” shall be held to mean the United States Commission to the Five Civilized Tribes. 4. The word “minor” shall be held to mean males under the age of twenty-one years and females under tne age of eighteen years. 5. The term “allottable lands” or “lands allottable” shall be held to mean all the lands of the Cherokee tribe not herein reserved from allotment. 6. The word “select” and its various modifications, as applied to allot- ments and homesteads, shall be held to mean the formal application at the land office, to oo established by the Dawes Commission, for the Cherokee Na- tion for particular tracts of land. Y. The words “member” or “members” and “citizen” or “citizens" shall be held to mean members or citizens of the Cherokee Nation in the Indian Territory. 8. Every word in this act purporting the masculine gender may extend and be applied to females as well as males, and the use of the plural may in- clude also the singular, and vice versa. Appraisement of Lands. 9. The lands belonging to the Cherokee tribe of Indians in Indian Ter- ritory, except such as are herein reserved from allotment, shall be appraised at their true value: Provided, That in the determination of the value of such land consideration shall not be given to the location thereof, to any timber thereon, or to anj mineral deposits contained therein, and shall be made with- out reference to improvements which may be located thereon. 10. Th appraisement, as herein provided, shall be made by the Commis- sion to the Five Civilized Tribes, under the direction of the Secretary of the Interior. Allotment of Lands. 11. There shah be allotted by the commission to the Five Civilized Tribes, and to each citizen of the Cherokee tribe, as soon as practicable after the ap- proval by the Secretary of the Interior of his enrollment as provided herein, land equal m value to one hundred and ten acres of the average allottable lands of the Cherokee nation, to conform as nearly as may be to the areas and boundaries established by the government survey, which land may be selected by each allottee so as to include his improvements. 12. For the purpose of making allotments and designating homesteads hereunder, the forty-acre, or quarter of a quarter section, subdivision estab- lished by the government survey may be dealt with as if further subdivided into four equal parts in the usual manner, thus making the smallest legal subdivision ten acres, or a quarter of a quarter of a quarter of a section. 13. Each member of said tribe shall, at the time of the selection of his allotment, designate as a homestead out of said allotment, land equal in value to forty acres of the average allottable lands of the Cherokee nation, as nearly as may be, which shall be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of the certificate of allotment. Separate certificate shall issue for said homestead. During the time said BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 89 homestead is held by the allottee the same shall be non-taxable and shall not be liable for any debt contracted by the owner thereof while so held by him. 14. Lands allotted to citizens shall not in any manner whatever or at any time be incumbered, taken, or sold to secure or satisfy any debt or ob- ligation, or be alienated by the allottee or his heirs, before the expiration of five years from the date of the ratification of this act. 15. All lands allotted to the members of said tribe, except such land as is set aside to each for a homestead as herein provided, shall be alienable in five years alter issuance of patent. 16. If for any reason an allotment should not be selected or a homestead designated by or on behalf of any member of the tribe, it shall be the duty o f said commission to make said selection and designation. 17. In the making of allotments and in the designation of homesteads for members of said tribe, said commission shall not be required to divide lands into traces of less than the smallest legal subdivision provided for in section 12 hereof. 18. It sha’l be unlawful after 90 days after the ratification of this act by the Cherokees tor any member of the Cherokee tribe to enclose or hold pos- session of, in any manner, by himself or through another, directly or indi- rectly, more lands in value than that of one hundred and ten acres of tne average allottable lands of the Cherokee nation, either for himself or for his wife, or for each of his minor children, if members of said tribe, any member of said tribe found in possession of such lands, or having the same in any manner inclosed, after the expiration of ninety days after the date of the ratification of this act shall be deemed guilty of a misdemeanor. 19. Any person convicted of violating any of the provisions of section 18 of this act shall be punished by a fine of not less than $100.00, shall stand committed until such fine and costs are paid (such commitment not to ex- ceed one day for every two dollars of said fine and costs), and shall forfeit possession ot any property in question, and each day on which such offense is committed or conitnues to exist shall be deemed a separate offense. The United States district attorney for the Northern district is required to see that the provisions of said section 18 are strictly enforced, and he shall imme diately, after the expiration of t'he 90 days after the ratification of this acc, proceed to dispossess all persons of such excessive holdings of lands and to prosecute them lor so unlawfully holding the same, and the Commission to the Five Civilized Tribes shall have authority to make investigations of all vio- lations of section 18 and make report thereon to the United S-tates district attorney. 2-0. If any person whose name appears upon the roll prepared as herein provided shall have died subsequent to the first day of September, 1902, and before receiving his allotment, the lands to which such person would have been entitled if living shall be allotted in his name, and shall, with his proportionate share of other tribal property, descend to his heirs according to the laws of descent and distribution as provided in chapter 49 of Mansfield’s Digest of the. Statutes of Arkansas: Provided, That the allotment thus to be made shall be selected by a duly appointed administrator or executor. If, however, such administrator o ' executor be not cHuly and expeditiously appointed or fails to act promptly when appointed, or for any other cause such selection be not so made within a reasonable and proper time, the Dawes Commission shall desig- nate the lands thus to be allotted. 21. Allotment certificates issued by the Dawes Commission shall he con- 90 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. elusive evidence of the right of an allottee to the tract of land described therein, and the United States Indian Agent for the Union Agency shall, un- der the direction of the Secretary of the Interior, upon the application of th© allottee, place him in possession of his allotment, and shall remove therefrom ah persons objectionable to him, and ihe acts of the Indian agent hereunder shall not be controlled by the writ or process of any court. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes under the direction of the Secretary of the Interior, to determine nil matters relative to the appraisement and allotment of lands. 23. All Delaware Indians who are members of the Cherokee nation shall take lands and share in the funds of the tribe, as their rights may be deter- mined by the judgment of the Court of Claims, or by the Supreme Court if appealed, in the suit instituted therein by the Delawares against the Cher- okee nation, and now pending; hut if' said suit be not determined before said commission is ready to begin the allotment of lands of the tribe as herein provided, the commission shall cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by Delawares in con- formity to the provisions of their agreement with the Cherokees, dated April 8, 1867, such lands so to remain, subject to disposition according to such judg- ment as may k.e rendered in said cause; and said commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said commission shall, when final judgment is tendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April 8, 1867, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, said suit shall be advanced upon the docket of said courts and be determined at the earliest time practicable. Reservations. 24. The following lands shall be reserved from the allotment of lands herein provided for: (a) All lands set apart for town sites by the provisions of the act of Congress of June 28, 1898, (30 Stat., page 495) the provisions of the act of Congress of May 31, 1900, (31 Stat., page 221), and by the provisions of this act. (b) All lands to which upon the date of the ratification of this act, any railroad company may, under any treaty or act of Congress, have a vested right for right of way, depots, station grounds, water stations, stock yards, or similar uses only, connected with the maintenance and operation oi the railroad. (c) All lands selected for town cemeteries not to exceed twenty acres each. (d) One acre of land for each Cherokee school house not included fc town sites as herein otherwise provided for. (e) . Four acres for Baptist Mission School at Tahlequah. (f) Four acres for Presbyterian school at Tahlequah. (g) Four acres for Park Hill Mission shool south of Tahlequah. (h) Four acres for Elm Springs Mission school at Barren Fork. BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 91 . (i) Four acres for Dwight Mission school at Sallisaw. (j) Four acres for Skiatook Mission near Skiatcok. (k) Four acres for Lutheran Mission school cn Illinois river north of Tahlequah. (l) Sufficient ground for burial purposes where neighborhood cemeteries are now located, net to exceed three acres each. (m) One acre for each church house outside the towns. (n) The square now occupied by the capitoi building at Tahlequah. (o) The grounds now occupied by the national jail at Tahlequah. (p) The grounds now occupied by the Cherokee Advocate printing office at Tahlequah. (q) Forty acres for the Cherokee Male Seminary near Tahlequah. (r) Forty acres lor the Cherokee Female Seminary at Tahlequah. (s) One hundred and twenty acres for the Cherokee Orphan Asylum on Grand River. (t) Forty acres for colored high school in Tahlequah district. (u) Forty acres -for Cherokee Insane Asylum. (v) Four acres for the school for blind, deaf and dumb children near Fort Gibson. (w) Four acres for W:llie Halsell College at Vinila. The acre so reserved for any church or school house in any quarter section of land shall be located where practicable in a corner of such quarter section adjacent to the section lines thereof: Provided, that the Methodist Episcopal Church South may, within twelve months after the ratification ot this act, pay ten dollars per acre fer the 160 acres of land adjacent to the town of Vinita and heretofore set apart by act of the Cherokee National Council for tne use of said church for missionary and educational purposes, and now occupied by Willie Halsell College (formerly Galloway College), and shall thereupon receive title thereto; but if said church fail so to do it may continue to occupy said 160 acres of land as long as it uses same for the pui’- poses aforesaid. An y other school or college in the Cherokee nation which claims to be entitled under the law to a greater number of acres than is set apart for said school or college by section twenty-four of this act may have the number of acres to which it is entitled by law. The trustees of such school cr college shall, within sixty days after the ratification of this act, make application to the Secretary oi the Interior for the number of acres to which such school or college claims to be entitled, and if the Secretary of the Interior shall find that such school or college is, under the laws and treaties of the Cherokee nation in force prior to the ratification of this act, entitled to a greater number of acres of land than is provided for in this act. he shall so determine and his decision shall be final. The amount so round by the Secretary of the Interior shall be set apart for the use of such college or school as long as the same may be used for missionary or educational purposes: Provided, that the trustees of such school or college shall pay ten dollars per acre for the number of acres so found by the Secretary of the Interior and w'hich have been here tofore set apart by act of the Cherokee National Council for use of such school or college for missionary or educational purposes, and upon the payment of such sum within sixty days after the decision of the Secretary of the Interior said college or school may receive title to such lanu. 92 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. Roll of Citizenship. 25. The roll of citizens of the Cherokee nation shall be made as of Sep- tember 1, 1902, and the names of all persons then living and entitled to en- rollment on that date shall be placed upon said roll by the Commission to the Five Civilized Tribes. 26. The names of all persons living on the first day of September, 1902, entitled to be enrolled as provided in section twenty-five hereof, shall be placed upon the roll made by said commission, and no child born thereafter to a citizen, and no white person who has intermarried with a Cherokee citi- zen since December 16, 1895, shall be entitled to enrollment or shall parti- cipate in tne distribution of the tribal property of the Cherokee nation. 27. Such roll shall in all other respects be made in strict compliance with the provisions of section twenty-one of the act of Congress approved June 28, 1898 (Thirtieth Slat., page 495), and the act of Congress approved May 31, 1900 (31 Stat., page 221). 28. No person whose name appears upon the roll made by the Dawes Commission as a citizen or freedman of any .other tribe shall be enrolled as a citizen of the Cherokee nation. 29. For the purpose of expediting the enrollment of the Cherokee citizens and the allotment of lands as herein provided, the said commission shall, from time to time, and as soon as practicable, forward to the Secretary of the Interior lists upon which shall be placed the names of those persons found by the commission to be entitled to enrollment. The lists thus prepared, when approved by the Secretary of the Interior, shall constitute a part and parcel of the final roll of citizens of the Cherokee tribe, upon which allotment of land and distribution of other tribal property shall be made. When there shall have been submitted to and approved by the Secretary of the Interior lists embracing the names of all those lawfully entitled to enrollment, the roll shall be deemed complete. The roll so prepared shall be made in quad- ruplicate, one to be deposited with the Secretary of the Interior, one with the Commissioner of Indian Affairs, and one with the principal chief of the Cher- okee nation, and one to remain with the Commission to the Five Civilized Tribes. 30. During the months of September and October, in 1902, the Commis- sion to the Five Civilized Tribes may receive applications for enrollment of such infant children as may have been born to the recognized and enrolled citizens of the Cherokee nation on or before September 1, 1902, but tne appli- cation of no person whomsoever for enrollment shall be received after October- 31, 1902. 31. No person whose name does not appear upon the roll prepared as herein provided shall be entitled to in any manner participate in the distri- bution of the common property of the Cherokee tribe, and those whose names appear thereon shall participate in the manner set forth in this act: Pro- vided, that no allotment of land or other tribal property shall be made to any person, one to the heirs of any person whose name is on said roil and who died prior to September 1, 1902. The right of such person to any interest in the lands or other tribal property shall be deemed to have become extinguished and to have passed to the tribe in general upon his death before said date, and any person or persons who may conceal the death of anyone on said roll as aforesaid for the purpose o£ profiting by said concealment and who shall knowingly receive any portion BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 93 of any land or other tribal property or of the proceeds so' arising from any allotment prohibited by this section, shall be deemed guilty of a felony, and shall be proceeded against as may be provided in other cases of felony, and the penalty for this offense shall be confinement at hard labor for a period of not less than one year nor more than five years, and in addition thereto a forfeiture to the Cherokee nation of the lands, other tribal property and proceeds so obtained. Schools. 32. The Cherokee school fund shall be used, under the direction of the Secretary of the Interior, for the education of children of Cherokee citizena, and Cherokee schools shall be conducted under mles prescribed by him accord- ing to Cherokee laws, subject to such modification as he may deem necessa- ry to make the schools most effective and to produce the best possible results; said schools to be under the supervision of a supervisor appointed by the sec- retary and a school board elected by the National Council. 33. All teachers shall be examined by said supervisor, and said school board and competent teachers and other persons to be engaged in and aboui the schools with good moral character only shall be employed; but where an qualifications are equal, preference shan be given to citizens of the Cherokee nation in such employment. 34. All moneys for carrying on the schools shall be appropriated by the Cherokee National Council, not to exceed the amount of the Cherokee school fund; but if the council fail or refuse to make the necessary appropriations, the Secretary of the Interior may direct the use of a sufficient amount of the school fund to pay all necessary expenses or the efficient conduct of the schools, strict account therefor to be rendered to him and the principal chief. 35. All accounts for expenditures in carrying on the schools shall be examined and approved by said supervisor and also by the general superin- tendent of Indian schools in the Indian Territory, before payment thereof' is made. 3G. The interest arising from the Cherokee orphan fund shall be used under the direction of the Secretary of the Interior, for maintaining the Cher- okee orphan asylum for the benefit of the Cherokee orphan children. Roads. 37. Public highways or roads two reds in width, being one rod on esen side of the section line, may be established along all section lines without any compensation being paid therefor, and all allottees, purchasers, and others shall take the title to such lands subject to this provision; and public high- ways or roads may be established elsewhere whenever necessary for the public good the actual value of the land taken elsewhere than along section lines to be determined under the direction of the Secretary of the Interior while the tribal government continues and to he paid by the Cherokee nation during that time; and if the buildings or other improvements are damaged in con- sequence of the establishment of such public highways or roads, whether along section lines or elsewhere, such damages during the continuance of the tribal government, shall he determined and paid for in the same manner. Townsites. 38. The lands which may hereafter be set aside and reserved for town- sites upon the recommendation of the Dawes Commission under the provis- ions of the act of Congress approved May 31, 1900, (31 Stat., page 221), shall 94 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. embrace such acreage as may be -necessary for the present needs and reas- onable prospective growth ot such townsites, not to exceed 640 acres for each townsite. 39. Whenever any tract oi land shall be set aside by the Secretary of the Interior for townsite purposes, as provided in said act of May 31, 1900, oi by the terms of this act, which is occupied at the time of such segregation by any member of the Cherokee nation, such occupant shall be allowed to purchase any lot upon which lie then has improvements other than fences, tillage, and temporary improvements, in accordance with the provisions of the ael of June 28, 1898; (30 Stat., page 495), or, if he so elects, the lot will be sold under l ines and regulations to be prescribed by the Secretary of the Interior, and he shall be fully compensated for his improvements thereon out of the funds of the tribe arising from the sale of townsites, the value of such improvements to be determined by a board of appraisers, one member of which shall be appointed by the Secretary of the Interior, one by the chief executive of the tribe, and one by the occupant of the land, said board of appraisers to be paid such compensation for their services q,s may be deter- mined by, the Secretary of the Interior out of any appropriations for surveying, laying cut, platting and selling townsites. 4-0. All rownsites which may hereafter be set aside by tne Secretary of the interior on the recommendation of the Commission to the Five Civilized Tribes, under the provisions of the act of Congress approved May 31, 1900, (31 Stat., page 221), with the additional acreage added thereto, as well as all townsites set aside under the provisions of this act having a population of less than two hundred, shall be surveyed, laid out, platted, appraised, and disposed of in like manner, and with like preference rights accorded to owners of improvement as other town sites in the Cherokee nation are surveyed, laid out, platted, appraised, and disposed of under tne act of Congress of June 28, 1898, (30 Stat, page 495), as modified or supplemented by the act of May 31, 1900: Provided, that as to the town sites set aside as aforesaid the owner of the improvements shall be required to pay the full appraised value of the 3oi instead of tne percentage named m said act of June 23, 1898, (30 Stat , page 495). 41. Any person being in possession, or having the right to possession of any town lot or lots, as surveyed and platted under the directions of the Sec- retary of the Interior, in accordance wi.h the act of Congress, approved Maj 31, 1900 (31 Star., p. 221), the occupancy of which lot or lots was originally acquired under any town site act of the Cherokee nation, and owning im- provements thereon, other than temporary buildings, fencing or tillage, shall nave the right to purchase the same at one-fourth the appraised value thereof. 4z. Any person being in possession of, or having the right to the posses- sion of, any town lot or lots, as surveyed and platted under the direction of the Secretary of the Interior, in accordance with the act of Congress approved May 31, 190.0 (3x Stat., page 221), the occupancy of which lot or lots was orig mally acquired under any town site act of the Cherokee nation, and not having any improvements thereon, shall have the right to purchase the same at one- half of the appraised value thereof. 43. Any citizen in rightful possession of any town lot having improve- ments thereon other than temporary buildings, fencing, and tillage, the oe cupancy of which has not been acquired under the tribal laws, shall have tne right to purchase same by paying one-half of the appraised value thereof: Provided, that any other person in undisputed possession of any town lot BRADLEY’S MANUAL OF STATISTICAL INFORMATION. 95 having improvements thereon other than temporary buildings, fencing, *ad tillage, the occupancy of which has not been acquired under tribal laws, shall have the right to purchase such lot by paying the appraised value thereof. 44. All lots not having thereon improvements other than temporary buildings, fencing, and tillage, the sale or disposition of which is not herein otherwise specifically provided for, shall be sold within twelve months after appraisement, under direction of the Secretary of the Interior, after due ad- vertisement, at public auction, to the highest bidder, at not less than their appraised value. 45. When the appraisement of any town lot is made and approved, the townsite commission shall notify the claimant thereof of the amount of ap- praisement, ano he shall within sixty days thereafter, make payment of ten per centum of the amount due for the lot, and four months thereafter he shall pay fifteen per centum additional, and the remainder of the purchase money he shall pay in three equal annual installments without interest, but if the claimant of any such lot fail to purchase same or make the first and second payments aforesaid or make any other payment within Ihe time specified, the lot and improvements shall be sold at public auction to the highest bidder, under direction of the Secretary of the Interior, at a price not less than its appraised value. 46. When any improved lot shall be sold at public auction because of the failure of the person owning improvements thereon to purchase same with- in the time hllowed in said act of Congress approved June 28, 1898, (30th Stat., page 495), said improvements shall be appraised by a committee, one member of which shall be selected by the owner of the improvements and one member by the purchaser of said lot; and in case the said committee is not able to agree upon the value of said improvements, the committee may select a third member, and in that event the determination of a majority of the committee shall control. Said committee of appraisement shall be paid such compensa- tion for their services by the two parties in interest, share and share alike, as may be agreed upon, and the amount of said appraisement shall be pail by the purchaser of the lot to the owner of the improvements in cash within thirty days after the decision of the committee of appraisement. 47. The purchaser of any unimproved town lot sold at public auction shall pay 25 per centum of the purchase money at the time of the sale and within Sour months thereafter he shall pay 25 per centum additional, and the re mteinder of the purchase money he shall pay in two equal annual installments without interest. 48. Such towns in the Cherokee nation as may have a population of less than two hundred people not otherwise provfled for, and which :'n the iudg ment of the Secretary of the Interior, should be set aside as town sites, shall have their limits defined as soon as practicable after the approval of this act in the same manner as provided for other town sites. 49. The town authorities of any town site in said Cherokee nation may select and locate, subject to the approval of the Secretary of the Interior, a cemetery within suitable distance from said town, to embrace such numbe 1- of acres as may be be deemed necessary for such purpose. The town site commission shall appraise the same at its true value and the town may pur- chase the same within one year from the approval of the survey by paying the appraised value. If any citizen have improvements thereon, said im- provements shali be appraised by said townsite commission and paid for by the town: Provided, that the lands already laid out by tribal authorities for 96 BRADLEY’S MANUAL OF STATISTICAL INFORMATION. cemeteries shall be included in the cemeteries herein provided for without cost to the towns and the holdings of the burial lots therein now occupied for such purposes shall in no wise be disturbed: And provided further, that any park laid out and surveyed in any town shall be duly appraised at a fair valua- tion, and the inhabitants of said town shall, within one year after the approval of the survey, End the appraisement of said park by the Secretary of the In- terior, pay the appraised value to the proper officer for the benefit of the tribe. 50. The Urited States shall pay all expenses incident to surveying, plat- ting and disposition of town lots, and all allotments of land made under the provisions of tms plan of allotment, excepc where the town authorities may have Deen or may be duly authorized to survey and plat their respective towns ■at the expense of such towns. 51. No taxes shall be assessed by any town government against any town lot remaining unsold, but taxes may be assessed against any town lot sold as nerein provided. 62. If the purchaser of any town lot fail to make payment of any sum when due, the same shall thereafter bear six per centum interest per annum until paid. 53. All lots or parts of lots, not exceeding fifty by one hundred and fifty feet in size, upon which church houses and parsonages have been erected, and which are occupied as such at the time of appraisement, shall be con- veyed gratuitously to the churches to which such improvements belong, and If such churches have inclosed other adjoining lots actually necessary for their use, they may purchase the same by paying the appraised value thereof. 54. Whenever the chief executive of the Cherokee nation fails or refuses to appoint a town site commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town site commissioner appointed by the chief executive to qualify or act, or otherwise, the Secretary of the Inter- ior, in his discretion, may appoint a commissioner to fill the vacancy thus created. 55. The purchaser of any town lot may at any tme pay the full amount of the purchase money, and he shall thereupon receive the title therefor. 56. Any person may bid for and purchase any lot sold at public auctior as herein nrovided. 57. The United States may purchase im any town in the Cherokee nation suitable lands lor court houses, jails, or other necessary public houses for its use by paying the appraised value thereof, the same to be selected under the direction of the Department for whose use such lands are needed, and i / any person have improvements thereon the same shall be appraised in lik? manner as other town property, and shall be paid for by the Unued States. Titles. 58. The Secretary of the Interior shall furnish the principal chief with blank patents necessary for all conveyances herein provided for, and when any citizen receives his allotment of land, or when any allotment has been so ascertained and fixed that title should, under the provisions of this act, be con- veyed, the principal chief shall thereupon proceed to execute and deliver t