The St. Louis Republic., 1901-10-01
Interior Department Renders a De
cision ar.Reaching in
Its Effect.
ST. LOUISANS ARE INTERESTED.
Development Of Coal and Oil Finds
May BE Brought to Stand.
still in the Nati0n---Liti-
CATION Certain.
The Eepubiic Bureau

iith 81 and Pennsylvania h"-.
Washington. Sept. 30-Thc Interior Do
partment has handed down q decision hold
Ing up all mineral Icascs IN the Creek Ma
tion thus far negotiated. The decision II
far-roaching IN IT'S effect. as II is severe
blow to capitalists In st. Louis and other
Western cities who have Invested large
NUNS OF money In the development OF oil
md coal finds In the nation.
Prior to the enactment Of the Creek treaty
oil and coal leases had been secured. and
large sums Of money spent IN developing
coal and oil properties. a number OF val
10 bic coal mines nre now In operation In
the vicinity OF Red Fork. and oil wells are
being sunk In the same locality. The oper-
ations Mt present are going on under con-
tracts made with members Of the nation
who have made their selections These Sc
lcctions however. have not been approved
by the Dawes Commission. and probably
will not be for six months TO come. Patents
to the allottees will be issued some time
within the next year. but until this occurs
no Individual leases for the mining OF coal
and oil are OF any validity whatever.
This announcement will be a surprise to
the members Of the Creek Nation who have
made their selections. as well as to capi-
talists who have invested large sums or
money in developing the mineral lands OF
the nation.
The refusal OF the department TO approve
any mineral leases IL In accordance with
the provisions Of the Creek treaty. which
was negotiated between the Dawes Commits
sion and the tribal authorities year ago
and finally ratified by the Creek Council
last May. The treaty makes special pro-
vision for the renting of agricultural lands
where the allottees have made their selec-
tion, but especially prohibits the taking OF
any minerals from the property until after
the nllotments have been completed and the
patents have been issued to the allottees.
The taking OF minerals from the lands has
been always held 10 be a portion OF the
re1lty. and Just in proportion as the coal
and oil Is removed the value Of the property
diminishes.
As the members Of the Creek Nation can
not he bound by a mere selection Of land or
declaration OF intent to take certain allot-
ment. a lease for the particular tract of
land that they may select Is OF no validity
till the title passes. All mining operations
therefore, In the Creek Nation must stop.
and all mines developed thus far Will revert
to the allottee who secures the particular
tract Of land upon which the improvements
are made.
No leases can be renewed until after the
aIlotments have been completed. Even then
leases can only be made for a period Of on.
year. They must first be negotiated with
the allottee and later approved by the Sec
retary of the Interior before they become
effective Thus II appears that oil mining on
erations In the Creek Nation must cease
for at least period of one year. and their
renewal after that time will depend entire
ly upon the decision of the Secretary Of the
Interior.
VIII Result in LitiRation.
This decision will undoubtedly result in
much litigation. as the capitalists who have
invested money In the Creek Nation will
contend that. as the people of the Creek
and are entitled to all the privileges and
rights OF citizenship. the approval of con-
tracts by the Secretary OF the Interior In
unnecessary 1t seems probable that the
courts will be asked the decide definitely
and finally the exact meaning of the recent
act of Congress bestowing citizenship upon
all OF the people Of the Indian Territory.
II the courts should hold that the members
of the five civilized tribes are citizens Of the
United States In fact and In law. then u
Is doubtful whether the Secretary Of the
Interior can exercise a supervisory author
ity over them. as the act of Congress giv
ing him this supervisory power is limited to
members of the Indian tribes.
Already a number of leases have heen
entered into for the mining OF coal and
oil in the Creek Nation. and have been
submitted to the department for approval.
All of these leases will be rejected upon
the grounds already stated and returned to
the companies and people of the nation.