Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-06-30

been made shall be declared, upon
appeal as herein provided for, by
any of the courts of the United
States in or for the aforesaid ter
ritory, to have been illegally ac-
corded rights of citizenship, and
for that or any other reason de-
clared to be not entitled to any al
lotment, he shall be ousted and
elected from said lands; that all
persons known as intruders who
have been paid for their improve
ments under existing laws and
have not surrendered possession
thereof who may be found under
the provisions of this act to be en-
titled to citizenship shall, within
ninety days thereafter, refund the
amount so paid them, with six per
centum interest, to the tribe enti-
tied thereto; and upon their fail
ure so to do said amount shall be-
come a lien upon all improve
men;s owned by such person in
such territory, and may be enfor-
ced by such tribe; and unless such
person makes such restitution no
allo,menis shall be made to him:
Provided further, that the lands
allotted shall be nontransierable
until after full title is acquired
and shall be liable for no obl;ga-
tions contracted prior thereto by
the allottee, and shall be nontax-
able while 50 held: Provided fur
ther, that all towns and cities here
tofore incorporated or incorporated
under the provisions of this act are
hereby authorized to secure, by
condemnation or otherwise, all the
lands actually necessary for pub
lie improvements, regardless of
tribal lines; and when the same
can not be secured otherwise than
by condemnation. then the same
may be acquired as provided in
sections 907 aud 912, inclusive, of
Mansfield's Digest of the statutes
of Arkansas.
SEC. y. That when report o.
allotments of lands of any tribe
shall be made to the secretary of
the interior, as hereinbefore pro-
vided, he shall make a record
thereof, and when he shall con-
firm such allotments the allottees
shall remain in peaceable and un-
tictnrha nOecocciO, tharaOf c,,h
ject to the provisions OF this act.
Sac. 13. That the secretary of
the interior is hereby authorized
and directed from time to time to
provide rules and regulations in
regard to the leasing oil, coal, as
phalt, and other minerals in said
territory, and all such leases shall
be made by the secretary OF the
interior; and any lease for any
such minerals otherwise made
shall be absolutely void. No lease
shall be made or renewed for a
longer period than fifteen years,
nor cover the mineral in more
than six hundred and forty acres
of land, which shall conform as
nearly as possible to the surveys.
Lessees shall pay on each oil, coal
asphalt. or other mineral claim at
the rate of 500 per annum, in
advance for the first and second
years; $500 per annum, in advance,
for the third and fourth years, and
$500 in advance for each succeed
ing year thereafter, as advanced
yalty on the mine or claim on
which they are made. All such pay
mentsSAall- -ha-a- -crediLaa-Soyalty
when each said mine is developed
and operated and its production is
in excess of such guaranteed an
nual advanced payments; and all
lessees must pay said annual ad-
vanced payments on each claim
weather developed or undevelop-
ed; and should any lessee neglect
or refuse to pay such advanced an
nual royalty for the period of six
ty days after the same becomes
due and payable on any lease, the
lease on which default is made
shall become null and void, and
the royalties paid in advance shall
then become and be the money
and property of the tribe. Where
any oil, coal, asphalt, or other
mineral is hereafter opened on
land allotted, sold, or reserved,
the value of the use of the neces.
sary surface for prospecting or
mining, and the damage done to
the other land and improvements,
shall be ascertained under the d.
rection of the secretary of the in
terror and paid the aliottee GROWN
er OF the land, by the lessee or
party operating the same, before
operations begin: Provide d, that
nothing herein contained shall
impair the rights of any holder or
owner of a leasehold interest in
any oil, coal rights, asphalt, or
mineral which have been assent
ed to by act of congress, but all
such interest shall continue unlm-
paired hereby, and shall be assur-
ed to such holders or owners by
leases from the secretary of the in
terror for the term not exceeding
fifteen years, but subject to pay
ment of advance royalties, as here
in provided, when such leases are
not operaed to the rate of royalty
on coal mined and the rules and
regulations to be prescribed by the
secretary Of the interior, and pre-
ference shall be given to such
parties in renewals of such leases:
And provided further, that when,
under the customs and laws here.
tofore existing and prevailing in
| ;he Indian Tprritorv laaSas -.