Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-12-31

limitations of said trust required
by this agreement and the require
ments OF the United States in ex.
ecuting the same. And the Unitsd
States shall accept such convey
ance in trust for the sole purpose
of executing and carrying into
effect the requirements of this
agreement in respect to said lands
and is hereby required in so doing
by some duly authorized officer, to
execute and deliver patent TO
each allottee and purchaser of a
town lot, SO that he may have the
evidence, under the authority and
seal Of the United States, of a fee
simple title, subject only to the
restriction required by this agree
ment, and specified in the instru-
ment itself.
1t is agreed that all the lands
within the Indian Territory be
longing to the Choctaw and Chick.
asaw Indians shall be allotted to
the citizens of said tribes so as to
give each citizen ol these tribes
Except the freedmen provided for
in the treaty of 1S66) so far as pos.
sible, a fair and equal share there
of, considering the character and
fertility of the soil and the location
and value of the lands.
That all lands set apart for
townsites and the strip of land ly.
ing between the city of Fort Smith,
Ark, and the Arkansas and Po.
teau rivers, extending up said riv-
er to the mouth of Mill Creek, and
ten acres each, to include the
buildings now occupied for the
capital and for the New Hope Sem-
mary, Jones Academy, Tuskahom-
ma Female Seminary, Wheelock
Orphan Seminary, Spencer Acad-
emy, Tuscaloosa Academy, and
Armstrong Orphan Academy, in
the Choctaw nation; and the same
number OF acres each for such puJ.
lie buildings and schools in the
Chickasaw nation as the governor
shall designate, shall be excepted
from division, and all minerals,
including oil, coal, natural gas and
asphalt, in or under the lands al
lotted, shall not pass to the allottee
but the title TO the same shall re-
main in the United States govern.
ment in trust for the sole use oil
the Choctaw and Chickasaw citi.
zens, exclusive of the aforesaid
freedmen. Provided, that where
any mine is hereafter opened on
land allotted to any citizen, the
value of the use of the necessary
surface for mining and the damage
done to his other land and i'm.
provements, shall be ascertained
under the direction of the secre
tary Of the interior and paid to the
allottee or owner of the land by the
lessee or party operating the same
before operations begin.
That in order to such equal di.
vision, the lands OF the Choctaw.
and Chickasaws shall be graded
and appraised so as to give to each
J citizen, as far as possible, an equal
value of land; provided, that If il
shall be decided the Chickasaw
freedmen are not entitled to the
land provided for in the treaty oI
1866, and the Choctaw freedmen
are, then the lands allotted to the
Choctaw freedmen are to be de.
Quoted from the portion to be al
lotted under this agreement to the
Choctaw citizens, so as to reduce
the allotments to the Choctaw cit.
izons by the value Of the same,
and not affect the value ofthe allot-
ments to the Chickasaw citizens.
That the freedmen who may be
entitled to allotments of forty
acres each, under the treaty OF
1866, shall be entitled each to land
equal in value to forty acres of the
average land of the two nations.
That in the appraisement Of the
lands, the Choctaw and Chickasaw
tribes, if they or either of them so
desire, each have a representative
to be appointed by their respect
i've governors, to cooperate with
the commission Of the United
States government, or anyone
making appraisement under its
direction, in grading and apprais-
ing the lands preparatory to allot-
ment. And the land shall be val
ued in the appraisement as if in
its original condition, excluding
the improvements thereon.
That the appraisement and allot.
ment shall be made under the
supervision of the commission
heretofore appointed under the
acts of congress approved March
3, 1898, and March 2, 1893, or
their successors, and shall begin
as soon as the progress Of the sur
yey now being made by the United
States government will admit.
That each citizen OF the Choc.
taw and Chickasaw nation shall,
where il is possible, have the right
10 take his allotment on land, the
improvements on which belong "a
him, and such improvements shall
not be estimated in the value OF his
allotment. Provided, that where
ever il is necessary TO a just dis.
tribution Of the lands, the com.
mission is authorized to require
any allottee to take his allotment
from different grades Of land In
the case OF minor children allot.
ments shall be selected for them
by their father, mother, guardian
or the administrator having charge
Of their estates, preference being
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