The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1898-10-19
Concluded from First page.

incumbrance Of the use of the lands
of said nation, so far as it affects
the landing places on the banks OF
the streams across which the fer
ries may be permitted to be estab-
lished.
(2) As to the revenue that may
be collected by the authorities of
the nation and deposited in its
treasury subject to appropriation
as heretofore, it would appear from
letter of September 21, 1898, from
the Acting Secretary of the Interior
to Mess. Stuart, Lewis & Gordon,
of South McAlester, Indian Terri
tory. that the authorities of the
Chickasaw nation would have the
right under the agreement to col
lect in accordance with the laws of
said nation all the revenues hereto
fore collected under said laws, and
deposit the same in the treasury of
the nation, subject to appropria-
ton by the national council as here
tofore, and as provided in the
agreement, except those revenues
specified by the agreement, such as
royalty on coal, asphaltum, and
other minerals, and the sale of town
lots, etc.. to be deposited in the
treasury of the United States.
90 I find nothing in the agree
ment of the Choctaw and Chicka
saw nations which would prohibit
the judges of the county conrts of
the Chickasaw nation from the is
suance of marriage license and col
lecting fees provided by the laws
of that nation, and depoSiting said
fees as heretofore under said laws.
a. The ChOctaw and Chickasaw
agreement provides for the use of
so much of the royalty on coal and
other minerals as may be necessary
in the judgement of the Secretary
of the Interior for the education of
children of Indian blood of the
Choctaw and Chickasaw nations.
No regulations have been prescrib-
ed by the department touching this
phase of the agreement, and the
department has not construed the
law so as to determine what extent
the control of the schools of said
na, ion is placed in the hands of
th;s department. 1t is therefore
impyac, icable at this time to sub
NIT an il, telligent discussion for
vour conside, alton on the question
of schools Of salu nation under said
agreement
90 With respect to lie matter
of appeals in citizenship cases,
granted to the supreme court of
the United States by Indian ApprO-
priations Act, it is suggested that
the only expense for the payment
of which the council of the Chicka-
saw nation can under the agreement
make an appropriation out of the
funds of said nation to defray are
the regular and necessary expenses
OF the government of the tribe.
The question, therefore, whether
the council of the nation can provide
by appropriation for the payment
of these expenses of these appeals
without the approval of the Presi-
dent would depend upon the ques-
ton whether these expenses are
regular and necessary. l am of
the opinion that they are not. The
expenses are necessary - but they
cannot be said to be, in any sense,
a part of the regular" expenses
of the government of said tribe. |
am of the opinion, therefore, that
any appropriation that may be
made by the Chickasaw council for
the prosecution of these appeals
would be invalid unless the act
making the same be approved by
the President.
With this discussion of the ques-
ton submitted by Mr.. Johnston, l
have the honor to return his letter
herewith, and to recommend that
he be advised in accordance with
the suggestions contained herein.
Very respectfully, Your obedient
servant, A. c.. TURNER,
Acting Commissioner.