The Mena star., 1899-06-01
LEASES 0F INDIAN LANDS.
Numerous Inquiries About the En- forcement of the Curtis Law
 in the Territory.
ORDERS OF SECRETARY HITCHCOCK.
Single Individuals to Include Immense Tracts of Lands in a Large Number of Separate Lcases--The secretary's In- structions to Inspector Wright.


 Washington, May 31.-Numerous in- quiries have been received by the in- terior department relative to the re- ceipt of applications for the depart ment for the enforcement of the Curtis law for the government of the Indian territory. Secretary Hitchcock has sent the following instructions to h. spector Wright on the subject:
 It is not and will not be the policy of the de- partment to allow single individuals corpora tions to include immense tracts of lands in a large number of separate lenses although said parties may be willing to. pay the advance royalty prescribed for each individual lease On the other hand, in the exercise of the sound discretion which is vested in the secretary of the interior it is not the purpose of the department to deprive any person or cor poration of the benefits to which such per son may be entitled where the person has in good faith entered upon the land under the tribal customs and laws and Invested money in improvements and the development of the min- eral resources and where the efforts of such person or corporation have resulted in the pro- duction of oil coal. asphalt or other mineral in commercial quantities. No fixed rule, however can be established, but each case must rest on its own individual merits. In the case of mineral leases as in of acquiring public lands of the United States, good faith must be the test upon which every application must be made, and in addition to the requirements of said regulation, paragraphs 10 and II, each applicant will be re- Quired to file with his application with the United States Indian inspector plat showing the land applied for the exact location and the extent of the improvements made the amount of mineral that has been mined and whether there is any adverse occupant or claimant to the land; and he should also refer to the property, dpSpriDa Jfldp xvri icfi hs, t,t,c been acting, giving the time when said lease will expire
 Each contract of lease wi1l also contain pro- vision that it shall continue for term of f5 years unless by duly ratified agreement with the Indians or by law of congress the allottee shall become entitled to the mineral in allot- ments, and in that event the lease shall expire on the final completion of individual allotments or the issuance of patents by the proper author ity to the alottees for the land included in their allotments
 In view of the earnest protest made by the au- thoritics of the Creek and Cherokee nations no application for mineral leases will be received from parties who have not entered upon the land and made improvements thereon for the purpose of developing the mineral upon said land under the tribal or usual custom or under the provisions of the act of June 2S 1Ss8 and said regulations of November 4, 1898. Said reg ulations are hereby amended in accordance with the views above indicated.
 You will give notice by publications of the change in said regulations as above indicated. and that persons or corporations claiming preference rights under the provision of section lS of said act, and the regulations made there under, must file with the United States Indian inspector for the Indian territory separate ap- plications for mining leases in accordance with the provision of said regulations as herein amended within 30 days from the date of said notice to any person or corporation that has heretofore filed with the inspector mining ap- plication claiming preference right by reason of improvements made.
 You will also exercise great care in ascer- taining the truth of the allegations in the sev- eral applications, and you must be satisfied that the additional requirements as herein set forth have been duly complied with, and that in jus tice and equity the applicant in every case is entitled to lease the land applied for before a favorable recommendation by you.
 Under this construction of the Curtis act the Cudahy Oil company and the Creek Oil and Gas company will have to reduce their holdings to GAO acres each. The Cudahy company, under it's old lease, is holding l, 152, ,0o0 acres and the Creek Oil and Gas company 1890, 900 acres If they make new leases all the land they will be able to hold un- der it's terms will be the usual GAO acres.
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