The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1898-01-23

shall make full report thereof to the
secretary o. the interior for his ap-
proval: Provided, That allotments
herein provided for shall not impair
any rights heretofore granted by
congress: Provided further, That
whenever it shall appear that any
member of a tribe is in possession of
lands, his allotment may be made
out of the lands in his possession,
including his home if the holder so
desi es: Provided further, That IL
the person to whom an allotment
shall have been made shall be de-
clared, upon appeal as herein pro-
vided for by any of the courts of the
United States n or for the aforesaid
Territory, to have been illegally ac-
corded the rights of citizenship, and
for that or any other reason declared
to be not entitled to any allotment
be shall Oe ousted and elected from
said lands; that all persons known
as intruders who have been paid for
their improvements under existing
laws and have not surrendered pos
session thereof who may be found
under the provisions of this act to
be entitled to citizenship shall, with
in ninety days thereafter. refund the
amount so paid them, with six per
centum interest to the tribe entitled
thereto; and upon their failure so to
do said amount shall become a lien
upon all improvements owned by
such person in such Territory and
may be enforced by such tribe; and
unless such person makes such resti
tuition no allotments shall be made
to him: Provided further, That the
lands allotted shall be nontransfera-
BILE and shall be liable for no obliga-
tions contracted by the allottee, and
shall be nontaxable: Provided
further, That all towns and cities in
eorporated under the provisions of
this Act, are hereby authorized to
secure, by condemnation or other
wise, all the lands actually necessary
for public improvements, regardless
of tribal lines.
Sec. 10. That when report of al
lotments of lands of any tribe shall
be made to the secretary of the in
terror as hereinbefore provided, he
shall make a record thereof, and
when he shall confirm such allot-
ment the allottees shall remain in
peaceable and undisturbed posses
sion thereof, subject TO the provis-
ions of this Act.
Sec. IL. That the secretary of the
interior is hereby authorized and
directed from time to time to provide
rules and regu ations in regard % the
leasing of oil, coal, asphalt, and
mineral in said Territory, and all
leases, of oil, coal, asphalt, or min
erals shall be made by the secretary
of the interior; and any lease for any
such minerals otherwise made shall
be absolutely void until approved by
him: Provided, That nothing herein
contained shall impair the rights of
any holder or owner of a leasehold
interest in any coal rights, oil, coal
claims, asphalt, or mineral which
have been acquired with the consent
or authority of congress, but all such
interests shall continue unimpaired
hereby: And provided further, That
when, under the customs and laws
heretofore existing and prevailing in
the Indian Territory, leases have
been made of different groups or
parcels of coal deposits and posses
sion has been taken Hereunder and
improvements made for the develop
ment of such coal deposits by lessees
or their assigns, which have rt suited
in the production of coal in CONNER
cial quantities by such lessees or
heir assigns, then such parties in
possession shall be given preference
in the making of new leases, in com
pliance with the directions of the
secretary of the interior; AMI in
making new leases due consideration
shall be made for the improvements
of such lessees, and in all cases of
the leasing or renewal of leases of
coal deposits preference shall be
given to parties possession who
have made improvements: Provided,
That no lease shall be made for a
longer pGriod than fifteen years, nor
cover more than one hundred acres
of surface land nor six hundred and
forty acres of mineral, and shall con-
form as nearby as possible to the
surveys. The rate of royalty to be
paid by lessees shall be fixed by the
secretary of the interior, and shall at
all times be uniform throughout the
said Territory: And provided fur
ther, That lessees shall pay on each
coal or asphalt claim al the rate of
one hundred dollars per annum, in
advance, for the first and second
years; two hundred dollars per
annum, in advance, for the third and
fourth years; and five hundred dol
lars for each succeeding year there
after. All such payments shall be
treated as advanced royalty on the
mine or claim on which they are
maue, ana snail De credlt as royalty
when each mine is developed and
operated and its production is in ex-
cess of such guaranteed annual ad
vanced payments; and all persons
having coal leases must pay said
annual advanced payments on each
claim, whether developed or unde-
veloped: Provided, however, That
should any lessee neglect or refuse
to pay such advanced annual royalty
for the period of sixty days after the
same becomes due and payable on
any lease, the lie Sc on which default
is made shall become null and void,
and the royalties paid in advance
thereon shall then become and be
the money and property of the tribe: |
Provided further, That where any
coal or asphalt is hereafter opened |
on land allotted, sold, or reserved. |
the value of the use of the necessary |