The Butler weekly times. (Butler, Mo.) 1881-1918, 1899-06-01
LEASES OF INDIAN LANDS.
Numerous Inquiries About the En-
forcement of the Curtis Law
IN the Territory.
ORDERS OF SECRETARY HITCHCOCK.
The Interior Department VIII Not Allow
single individuals to Include Immense
Tracts of Lands in Large Number OF
Separate Leases-The secretary's In
structions TO Inspector Wright.

| Washington, May 3O.-Nunerous in
| quiries have been received by the in
| terror 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 In
| spector Wright on the subject:
tits not and VIII not be the policy OF the e
Tartment To allow single individuals or corpora
tionS to include immense tracts Of lands in a
large number Of separate leases. 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
pOrGtiOn Of the benefits to which such per-
son may be entitled where the person has
IN good faith entered upon the land under the
TlDaI customs and laws and invested money in
Improvements and the development OF the min
eraI resources and where the efforts Of such
person or corporation have resulted il the pro-
ductiOn of oil, coal. asphalt 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 rs In ease 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 he re-
quired To file with his application with the
United States Indian inspector a 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 10 the
laudi ana he should also refer TO the property,
describe the tribal lease under which he has
been acting, giving the time when said lease
viii expire.
Each contract of lease viii also contain d pro-
vision that it shall continue for a term Of II
years, unless by duly ratified agreement with
the Indians or bg 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
ty to the allottees for the land included in their
allOtmcuts.
In view OF the earnest protest made by the au-
thortleS Of the Creek and Cherokee nations no
application for mineral leases will he 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 y, 1895 and
said regulations of November t. 1895 Said reg
ulation> are hereby amended in accordance with
the views above indicated.
You VIII give notice by publications Of the
change in said regulations as above indicated
and that persons or corporations claiming
pi Gl'tLtLitE IiSLJH lIcF provision section
IS Of said act. and the regulations made there
under must file with the United States Indian
for the Indian territory separate ap-
pIcattOnS for mining leases IN accordance with
the provision Of said regulations rs 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-
plcation claiming preference right by reason
OF improvements made.
You viii also exercise great care in aScer-
tanning the truth Of the allegations in the sew
eral applications, and You must be satisfied that
tie 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 fer before a |
favorable recommendation by you
Under this construction of the Curtis |
act the Cudahy Oil company and the |
Creek Oil and Gas company viii have |
to reduce their holdings TO $40 acres |
each. The Cudahy company, under its |
Old lease. is holding lisp, 0O0 acres and |
the Greek Oil and Gas company $780, |
900 acres, Ii they make new leases ali |
the land they will be able to hold I'M
der its terms viii be the usual $40 acres.