The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-03-28
FULL TEXT OF DECISION IN CREEK
NATION CATTLE CASES.
Extent of Authority of indian Commits
sIouer and Secretary OF Interior
Over Dawes Commission Decisions.
Duty Is to Make Roll Complete.
Special to the Ardmoreite.

W hEAtAiA NoA4s ~AtAA - - 4 IN
past week has been one OF inertia
at the national capital. President
Mckinley and practically all of
the members Of his cabinet have
been away on pleasure trips, re-
cuperating from the effects of their
arduouS labor during the winter
months. But the under officials in
the departments have been busy
looking afterroutine matters of con
siderable interest to the people of
the Territory Assistant Attorney
General for the Interior Depart
ment underwater has handed
down two decisions of special i'm
portance to the Territory. The
first relates to the right OF the
cattlemen to lease lands in the
Greek nation and the authority OF
the Interior department to approve
such leases pending the final allOt
ment Of lands to the Indians. a
test case was submitted to the de-
partment by F. Porter & Co who
sought to lease lands from mem
berS of the Greek nation. The
assistant attorney general holds
that the department has no au-
thority to approve such leases, and
that they are, therefore, illegal.
The decision i'll full is as follows;
The Secretary of the Interior;
Sir-Under your reference of the
18th inst, | have considered the
question of your authority to APP
prove leases for grazing purposes
made by individuals, claiming
citizenship in the Greek nation, of
lands III said nation, before said
lands are selected by the Indians
or set apart under departmental
regulations of October I, 1898, as
/ the lands to be allotted to them.
This matter arises upon the
written application of p. Porter x
Co., for the approval by you of
the lease to them for grazing pur-
poses made by Frank CaroIinar
and Matilda. his wife for them
selves and eight minor children,
ranging in age from month to
Is years, of certain lands in the
Greek nation.
1t is represented in this .appli-
cation by Porter K Co. that Caro-
liner and his family are citizens
of the Creek nation; that the land
embraced III such lease is not
more than the approximate share
of the lands of the tribe to which
Carolinar and his family are en-
titled; that Gardiner has obIi-
gated himself In his own behalf
and in behalf of his family to Sc.
lect the lands embraced in said
lease as their allotments. and al
| the time of making such lease
made a written declaration under
oath to that effect. The applica-
ton is not verified, nor is it stated
whether Carolinar and his family
are in possession of the land.
leased, or whether the lands arr
agricultural, grazing or mineral il
character, OF whether they are oc
icupied, claimed. or desired fol
allotment by other citizens of tn,
tribe. or whether other Indians
having made like leases thereo
and like declarations of intention
to select the same as allotments
No showing is made by the Caro-
linars.
Under the said Act of June %
1898 go Stat, 495), the duty o
determining who are entitled t.
allotments and of alloting tn,
lands of the tribe in severalty t,
| its citizens or members, devOlve
primarily upon the commission t,
the five civilized tribes and tn
regulations before mentioned wer