The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-02-20

sHhli De lhheH hu1 HSlu sln a NHtf-A
by the purchase Of any and all
rights to appropriate to his use any
other part Of the surface Of such
land, except for the purpose Of future
operations, prospecting, and for in.
gress and egress, as hereinafter re-
served: Provided further, that II any
lessee shall fail to apply to purchase
under the provisions Of this section
within the time specified the secre
tary Of the interior may in his dis
erection. with the consent Of the les
see, designate and reserve from sale
such tract or tracts as he may deem
proper and necessary to embrace i'm
proyements actually used in present
mining operations, or necessary for
future operations, under any existing
4 lease, and dispose Of the remaining
1 portion OF the surface within such
lease free and clear Of any claim BY
the lessee. except for the purpose OF
future operations, prospecting, and
for ingress and egress, as hereinafter
reserved.
Sec 3 That sales Of the surface
under this act shall be upon the con
ditons that the choctaw and CHI ika-
saw nations, their grantees. le sees.
assigns, Or successors, shall have the
/ right at all times 10 enter upon said
lands for the purpose OF prospecting
for coal Or asphalt thereon, and also
the fight of underground ingress and
egress, without compensation 10 The
surface owner. and upon the further
conditions that said nations, their
grantees, lessees. assigns, or srcces.
successors, shall have the right to
acquire such portions Of the surface
Of any tract, tracts, or rights thereto
as may be reasonably necessary for
prospecting or for the conduct Of min
| ing operations or for the removal Of
deposits Of coal and asphalt upon pay
ing a fair valuation for the portion
OF the surface So acquired. II the
owner Of the surface and the then
owner or lessee of such mineral de-
posts shall be unable to agree upon a
fair valuation for the surface so &C.
auired. sucY valuation lhaH be de-
terminea By three arbttrators, one
to be appointed. in writing, a COPY to
be served on the other party BY the
owner of the surface. one in like man
aer by the owner or lessee Of the
mineral deposits. and the third to be
choseHab BY the two so appointed. and
in case the two arbitrators so appoint
/ led should be unable to agree upon a
third arbitrator within thirty days
then and in that event, upon the ap
pieation of either interested party
the United States district Judge in the
E district within which said land is 10
e Gated shall appoint the third arbi
r traitor: Provided. that the owner o.
e such mineral deposits or lessee there
S ishall have the right Of entry upoI
!. the surface so to be acquired for min
4 ing purposes immediately after th'
]. failure Of the parties to agree upor
q fair valuation and the appointment
J. as above provided. Of an arbitrator b,
e the said owner or lessee.
T. Sec 4 That upon the expiration O
s two years after the lands have bee
& first offered for sale the secretary Q
D. the interior, under rules and regul.
d tlons to be prescribed by him. sha
e cause 70 be sold 10 the highest bidde
2 for casa the surface Of any lands r
~ naming unsold and Of any surfac
lands forfeited by reason Of nonpa.
? ment OF any part OF the purohas
m price, without regard to the appraise
Hi value thereof: provided, that the Sc
Hi retary Of the Interior authorized
B sell at nor less than the apprais'
Hi value to the MeAlester Count
HH Club, OF McAiester, Oklahoma, the ST
Hi face Of not to exceed one hundred al
H sixty acres in section seventeen. tow
Hi ship five north, range fiftee eas
|aA Provided further that the miner
sA underlying the surface Of the Ian
H condemned for the state peniten
Ai ary at McAlester. Oklahoma. und
# the Indian appropriation act appr,
H ed Marsh 3. 1909. shall be subject
| condemnation. under the laws Of (
H state Of Oklahoma. for state peniti
HIH tiary purposes: And provided fur
HH er. that said mineral shall not
Hl mined for other than state peniter
l# ary purposes.
#H Sec. 5. That the sales herein p
|HH vided for shall be at public auct
H under rules aud regulations and VI
#Hll terms to be prescribed by the Sec
Hill tary Of the itnerior, except that
HI payment SHAH be deferred lon
HH than two years after the sale is ma