The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1896-12-23

as possible. a fair and equal share
thereof. considering the character and
fertility Of the soil, and the location
and value Of the lands.
That all lands set apart for town
sites. and the strip OF land lying be-
tween the city Of Fort Smith. Arkan-
sas, and the Arkansas and Poteau
rivers, extending up said river to the
mouth Of Min Creek: and ten acres
each, To include the buildings now
occupied for the capital, and for the
New Hope Seminary. Jones AcadeI y,
Tushkahomme Female Seminary,
Wheelock Orphan Seminary, Spencer
Academy. TushkOloesa Academy, and
Armstrong Orphan Academy. in the
ChOrtaw nation: and the same num-
ber of acres each for such public build
ings and schools in the Chickasaw ma
tiun Is the governor thereof shall
designate. shall bc excepted from di-
vision and all minerals, including oil.
coal. natural gas aud asphalt. in OF
under the lands allotted. shall not
pass to the alloItee, but the title To
the same shall remain in the United
States government in trust for the
sole use Of the Choctaw and Chicka-
saw citizens, exclusive of the afore-
said freedmen. Provided. that where
any mine iS hereafter opened on land
allotted 10 any citizen. the value of
the necessary surface for mining, and
the damage done to his other land
and improvements. shall DC ascertain
ed under the direction nf. the scrre-
tary of the interior, and paid TO the
allOttee or owner 81 the land by the
lessee. or party operating the same,
before operations begin.
That in order To such equal diyi,-
ion, the land Of the Choctaw and
ChickaSaws shall be graded and ap-
praised 80 as to give each citizen. rs
far as possible, an equal value OF land.
Provided, that IL it shall b. decided
that the Chickasaw freedmen are not
entitled 10 the land provided for in
the treaty Of 1866, and the Choctaw
| freedmen are, then the lands allotted
to the ChOctaw freedmen are To he de-
Quoted from the portion 10 be allotted
under this agreement 10 the ChOctaw
citizens. 80 as 10 reduce the allot-
ments To the ChOctaw citizens by the
value Of the same, and not affect the
value or the allotments TO the Chick
aSaw 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, II they or either OF them so de-
sire, each have representative, TO be
appointed by their respective govern
OrS, TO cooperate with the commission
OF the United States government, OF
any one making appraisement under
its direction, in grading and apprais-
ing the lands preparatory TO allot-
ment. And the land shall be valued
in the appraiSement as IL in its Origi-
nal condition, excluding the improve
ments thereon.
That the apEraisement and allOt-
ment shall be made under the super
vision Of the commission heretofore
appointed under the acts OF congress
approved March 3. 1898, and March Q.
1894, or their SUCCESSORS, and shall
begin as soon rs the progress OF the
surveys now being made by the
United States government win adj
init.
That each citizen Of the Choctaw
and Chickasaw Nations shall, where
it is possible, have the right to take
his allotment on land, the improve
ments on which belong to him, and
such improvements shall not be
estimated in the value of his allot-
ment: Provided, that wherever II Ia
necessary to a just distribution OF
the lands, the Commission In author
lied to require any allottee to take
his allotment from different grades
OF land. In the case OF minor chill
dren, allotments shall be selected
for them by their father, mother,
guardian, or the administrator hav-
ing charge of their estate, prefer