The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-15

AAA9 A4=- III - AtEtAN -kls lAaN re ny llAs
secretary Of the interior in special case.
to either reduce or advance the royalty
On coal and asphalt on the presentation
Of facts, which in his opinion, make f
TO the interest of the Choctaw anJ
/ Chickasaw nations, but tn advancement
or reduction Of royalty on coal and as
phalt IN a particular case shall not op-
crate in any way to modify the genera
/ provisions Of this regulation fixing the
minimum royalty as above set out
In my last annual report mention wa:
made Of the application Of the Sans
/ Bots Coal company for twenty-eight
leases and Of the contest existing be
tween that company and the Kansas ans
( Indian Territory Coal Mining company
/ represented by Mr.. ". S. Nelson. as tc
certain tracts embraced being then pend
J ing before the department. subsequently
/ the subject was referred by the depart
ment 10 the assistant attorney general
/ for anopinion, which was approved by the
/ department the same day, in which he
/ held that neither OF said companies is
as a matter Of law. entitled to prefer
/ ence right to a lease Of these lands. and
/ that in instances Of such rival applica-
/ tons the secretary Of the interior must
/ in the exercise Of a sound discretion, de-
termine ii which application a lease will
be given The Kansas and Indian Terri
/ tory Coal company having the only Inn
! provements on these lands and having
made a prior application for lease.
seems to me to be IN a position to reas-
onably argue that its application be first
considered"
Subsequently, George Hayden, attorney
for the Sans Bots Coal company, request
ed the department TO refer the matter to
the assistant attorney general for an
opinion as to whether OF not the Sans
Boss Coal company has not, by fair in
depreciation legally earned it's right
to the leases asked for" The leases in
volved IN the contest. however, were not
Included in those which Mr.. Hayden de-
sired 10 have submitted The assistant
attorney general rendered an opinion De
cember "A, 1899 which was approved by
the department the same day in which
he held chat the applicant is not in no
sition to demand as a matter Of right the
approval OF the leases in questiin." Sub
sequently six leases were granted to the
Dan Dttle LI1l company anu Tie LAcIlctiG
and Indian Territory Coal company was
advised that it could submit an applica-
ton for one lease.
Another contest mentioned In my last
annual report was that generally known
as "The Davis Mining company contest" "
The controversy arose over asphalt lands
in the Ch.ckasaw nation The Davis
Mining company had been granted a
charter or license by the Chickasaw ma
ton to mine asphalt on a certain tract
A lease was made 10y that company TO
other parties. who sublet TO the Rock
Creek Natural Asphalt company which
company made a lease to other parties.
who, IN turn sublet their right to the
GHsonite Roofing and Paving company.
The assistant attorney general. March
TO- 1900. rendered an opinion in this case.
which was approved the same day by
the department, IN which he held that
none Of the parties had acquired any ie-
gal right TO have the land, and that the
granting OF 9 lease rested in the discre-
ton Of the mineral trustees.
October 9, 1893 the Inspector requested
10 bs advised relative to the leasing Of
minerals IN the Choctsw and Cnickasaw
nations other than coal and asphalt. HIS
report was submitted to the department
with Office report Of October u. 1855 in
which attention was called TO the fol-
lowing recommendation contained ia the
annual report of the Inspector;
ut appears by treaty that all mineral
land, other than coal and azplalt. IS not
reserved from allotment in tre Chick saw
and Chactaw nations. Therefore, to avoid
complications later. II would appear de-
slrable that no leases. other than coal
and asphalt. be made in such nations.
though the treaty provides leases she'll
include an minerals"
Tn this recommendation the office heart
lily concurred for the reason that while
the language OF the agreement as con
strued by the department provides fer
she leasing Of lands for the mining Of
all materials. it is the belief Of the Office
that such was not the intention Of the
contracting parties.
April g. 1890. the inspector transmitted
the application OF s. Is Bradford and
others for a zinc and lead mining lease I'm
the Cbickasaw nation, Indian Territory.
Aprl q. 1900 the department requested
of the assistant attorney general for. the
interior department an opinion whether
the secretary Of the interior was author
lied to issue" the regulations prescribed
by the department on October 2. 1saS.
AUTHORIZING the leasing IF other minerals
than Zeal or ASPHALT
Nav ~ 1880 The assistant attorney gem
eral rendered am opinion which was ap-
proved by the department ou tha ssr,e