Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-05-20
CHEROKEE LANDS.
ecretary of the Interior Can Legally
Wake Lease for More Than
One S4O-Acre Claim.

WASHINGTON, May l9.-tSpecial.) As
siSts mt Attorney General Nandeventer has
reno cred an opinion upon the power of the
secI etary of the interior to legally make
lease for more than one claim of $40 acres
10 the same person or corporation, and
whether, under the act of June 2S, 1895,
tn. secretary may legally lease any lands
in the Cherokee nation containing oil, coal
asphalt or other minerals until the l5I,WD
acres purchased by the Delawares from
tae CherokeeS shall have been segregated.
lie holds that there is no express llmltd-
lion in the act as to the number of leases
which may be made to any person or COM
pany. the only limitation holding as TO the
acreage to be covered by any one lease.
1t was evidently the intention, he says,
Ito make the mineral lands productive and
insure Il revenue therefrom. hence the pro-
vision requiring substantial yearly pay
ment from each lessee without regard to
the development of his claim. The provis-
ion would be of little effect, however, II
there was no limitation upon the quantity
of land which might be included in one
lease. In that event applicants might un-
dertake to secure the control OF large
bodies of land to the exclusion of others
and without any intention of Immediately
developing the mineral resources of the
territory
ognition of the authority 10 grant more
than one lease to the same party, II is
provided that parties already holding
leases under the laws and customs here
tofore existing of different groups of min
eral deposits upon which improvements
have been made by such lessees or their
assigns shall be given the preference in
the making of new leases. II is also pro-
vided that in all cases of leasing or re-
newal of leases, preference shall be given
to the parties in possession who have made
improvements.
1t is Furthermore held that the matter of
granting one or more leases to the same
party was left by the law to the sound
discretion of the secretary of the interior
Touching the subject of the rights of the
Delaware Indians, General Nandeventer re-
cites that it is on behalf of the Delawares
that the granting of minor leases in the
Cherokee country prior to the SeSreSa-
tion might injuriously affect their interests
and protest is made against the granting
of mineral leases in the Cherokee country
until the suit now pending in the court Of
claims to determine the Delawares rights
is settled.
THE act" he says, contains no eX-
press inhibition against the making of min
eral leases in the Indian Territory pending
the segregation of lands claimed by the
Delawares. as II does in respect to the
making of allotments, and the infer
to be deducted from the fact is that it
was not intended that action as to min
eral leases should be suspended pending
such segregation.
IF it shall be necessary or proper to
protect the Delawares from any possible
injury, that can be done by keeping a
separate account as to the proceeds from
any tract in any lease when it shall have
been set apart for them or by inserting
in each lease a provision that II shall
terminate as to all tracts set apart for
the DelawareS when so segregated.