United States. Office of Indian Affairs.

Annual report of the Commissioner of Indian Affairs online

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appoint check scalers to verify and inspect the work of tlie Govern-
ment scalers; the said check scalers to be designated by said chiefs
and paid out of the funds of the Indians such reasonable compensation
as mav be fixed by the Secretary of the Interior.

Open to ho me * 'After the merchantable pine timber on any tract, subdivision, or lot

stead entry. shall have been removed, such tract, subdivision, or lot shall, except

on the forestry lands aforesaid, for the purposes of this act, be claased

and treated as agricultural lands, and shall be opened to homestead

Proviso. entry in accordance with the provisions of this act: Provided, That

Forest reserve, on the forestry lands aforesaid, as soon as the merchantable pine tim-
]>er now thereon shall have been removed from any tract, Bubdivision,
or lot, as herein provided, such tract, subdivision, or lot shall, without
further act, resolution, or proclamation, forthwith become and be
part of a forest reserve, the same as though set apart by proclamation

Vol. 26, p. 1103 o^ the President in accordance with the act of Congress approved
March third, eighteen hundred and ninety-one, and subsequent laws
amending and supplementing the same, and shall be managed and
protected in accordance with their provisions and the rules andregula-
tions made and to be made in furtherance thereof: And provided fur-

Forestry land ^^> That on said forestry lands aforesaid said pine timber shaU be
regulations. cut clean, except as to the five per centum as hereinbefore provided,
and removed under the supervision and direction of the Forester of
the Department of Apiculture, in accordance with rules and r^ula-
tions to be prescribea by him and approved by the Secretary of the
Interior, and the said Forester shall nave power at all times to patrol
and protect said lands and forests, and to enforce all rules and regula-
tions made by him as aforesaid.

Homestead set- "As soon as practicable after the passage of this act the Secretary of
tiement of agri- the Interior shall open to homestead settlement, as herein provided,
cultural lands, ^j^^ lands on all the reservations, or portions of resen^ations, which
have been ceded to the United States by the Chippewa Indians in
Minnesota, including the four reservations last aforesaid, which have
been examined and found to be agricultural lands, and shall imme-
diately proceed to have examined, as herein provided, the remaining
lands, and shall without delay open to homestead settlement those



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INDIAN LEGISLATION. 505

fonnd to be agricultaral lands: Provided, That on the four reservations Proviso.
last aforesaid, where agricultural lands are included within or cpntig- lau&'^r^ited*^
uous to forestry lands and are, in the opinion of the Forester of the
Agricolturai Department, necessary to tne economical administration
and protection of the same, said Forester shall, as soon as practicable
after the passage of this act as to those lands which have already been
examined, and as to the lands not ^et examined immediately after the
examination and approval of the lists of said lands, of which approval
said Forester shall oe immediately notified by the Secretary of the
Interior, file with the Secretary of the Interior schedules designating
according to Government subdivisions said agricultural lands, not to ■
exceed mteen thousand acres of the lands alr^dy examined and not
to exceed ten thousand acres of the lands yet to be examined, which
said agricultural lands so designated shall not be offered for entry and
settlement, but shall become and be a part of the forest reserve herein-
before created.

"There shall be appointed by the Secretary of the Interior one Superintend-
superintendent and such assistants as he may deem necessary, whose ®"^' ®^*
compensation shall be fixed by the Secretary of the Interior, and for compensaUon.
the superintendent shall not exceed six dollars per day, and for the
assistants shall not exceed four dollars per day each, while actually
employed, and whose duties shall be to supervise the cutting and
scaling of the timber sold under the provisions of this act, and to see
that the rules and regulations prescribed by the Forester and the
Secretary of the Interior are complied with, and generally to perform
such services in and about the sale of the pine timber on said lands,
and the cutting of the same therefrom, and the care and protection of
all timber on said lands, as may be required of them by said Forester
and said Secretary.

**The Secretary of the Interior may, in his discretion, authorize the Dam8, etc.
purchasers of timber hereunder to build on the rivers and lakes on or
within said ceded lands, under such rules and regulations as he may
deem proper, dams, cofferdams, booms, and to make other river and
lake improvements necessary to facilitate logging operations: Pro- Proviso,
videdf That the parties building such dams, cofferdams, booms, and p^,^
making other river and lake improvements shall pay the officer whom *™»«^
the Secretary of the Interior shall designate to receive such payments
such damages as may be caused on the said ceded lands, such damages
to be ascertained and determined in such manner as the Secretary of
the Interior may direct.

**A11 the expenses incurred in carrying out the provisions of this Expenses.
act as to the examining and listing of said lands, and the selUng, cut-
ting, and scaling of said timber, shall be paid by the Secretary of the
Interior out of the proceeds of the sale of said timber: Provided, That prwiao.
no expense arising out of the forestry provision shall be charged to the . No expense to
India^." *" ^"^ rSdiaJj?"^"*' "^

Sec. 3. That section seven of said act be amended by inserting saiesof Umber.
after the word ** lands," in line one thereof, the. words ** and timber.'* Vol. 25, p. 645.

Sec. 4. That so much of the act of June seventh, eighteen hundred Sale of dead
and ninety-seven, entitled *'An act making appropriations for the ^ y^^'^^^Jq *
current and continent expenses of the Indian Department and fulfill- • . p- •
ing treaty stipulations with various Indian trib^ for the fiscal year
ending June thirtieth, eighteen hundred and ninety-eight, ana for
other purposes," as authorizes the sale oi dead timber, standing or
fallen, under regulations prescribed by the Secretary of the Interior,
on the Chippewa reservations and ceded lands in the State of Minne-
sota, is hereby repealed: Provided, That nothing herein contained Proviso.
shall be held in any way to affect contracts already entered into and Pnorconiracts.
now in force for the sale and cutting of dead timber, standing or
fallen, on said reservations and ceded lands.

Sec. 5. That the Secretary of the Interior shall proceed as speedily Aiiotmenus to
as practicable to complete the allotments to the Indians, which allot- ^ *

ments shall be completed l)efore opening the agricultural land to
settlement

Approved, June 27, 1902.

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506 INDIAN LEGISLATION.

Jtrne 80, 1902. Chap. 1828. An act to ratify and confirm a supplemental agreement with the
- Creek tribe of Indians, and for other purposes. .



^' '^' Beit enacted by the SenaJU and House of RepresenlatweM of the Dmled

Commission vo Stales of America in Congress assemhUd, That the following sopple-
the Five ctvi- mental agreement, submitted by certain commissioners of the Creek
^^8uDDlem"'ntal ^^ ^^ Indians, as herein amended, is hereby ratified and confirmed
agreement ^withoni the part of the United States, and the same shall be of full force
Creeks ratified, and effect if ratified by the Creek tribal council on or before the first
day of September, nmeteen hundred and two, which said supple-
mental agreement is as follows:
United Stater This agreement by and between the United States, entered into in
commissioners, its behalf by the Commission to the Five Civilized Tribes, Henrv L.
Dawes, Tarns Bixby, Thomas B. Needles, and Clifton R. Brecken-
indian com- ridge, duly appointed and authorized thereunto, and the Muskogee
missioners. (or Creek) tnbe of Indians, in Indian Territory, entered into in

behalf of the said tribe by Pleasant Porter principal chief, Roley
Mcintosh, Thomas W. Perryman, Amos Mcintosh, and David M.
Hodge, commissioners duly appointed and authorized thereunto, wit-
nesseth, that in consideration of the mutual undertakings herein con-
tained it is agreed as follows:

DEFINITIONS.

DeflniUons of The words "Creek'* and "Muskogee" as used in this agreement
""*' shall be deemed synonymous, and the words "Nation" and "tribe"

shall each be deemed to refer to the Muskogee Nation or Moskogee
tribe of Indians in Indian Territory. The words "principal Chief"
shall be deemed to refer to the principal chief of the Muskogee Nation.
The words "citizen" or "citizens" shall be deemed to refer to a mem-
ber or members of the Muskogee tribe or nation of Indians. The word
"Commissioner" shall be deemed to refer to the United States Com-
mission to the Five Civilized Tribes.

ALLOTMENT OF LANDS.

Allotment of 2. Section 2 of the agreement ratified by act of Congress approved
Vol 31 p 862. March, 1901 (31 Stat. L., 861) , is amended and as so amended is reen-
' ' ' ' acted to read as follows:
piidSement per ^^^ ^^^^ belonging to the Creek tribe of Indians in Indian Terri-
ftcre. tory, except town sites and lands reserved for Creek schools and

churches, railroads, and town cemeteries, in accordance with the pro-
visions of the act of Congress approved March 1, 1901 (31 Stat L.,
861 ), shall be appraised at not to exceed $6.60 per acre, excluding only
lawful improvements on lands in actual cultivation.
Appraise- Such appraisement shall be made, under the direction and super-
mento. vision of the Commission to the Five Civilized Tribes, by such number

of committees with necessary assistance as may be deemed necessary
to expedite the work, one member of each committee to be appointed
Revision and by the principal chief. Said Commission shall have authority to reVlse
approval. ^nd adjust the work of said committees; and if the members of any

committee fail to agree as to the value of anv tract of land, the value
thereof shall be fixed bv said Commission. The appraisement so made
shall be submitted to the Secretary of the Interior for approval.
Allotments. 3. Paragra[)h 2 of section 3 of the agreement ratified by said act of

Vol. 31, p. 862. Congress approved March 1, 1901, is amended and as so amended is

reenacted to read as follows:
Equitable al- It any citizen select lands the appraised value of which is $6.50 per
loimentfl. acre, he shall not receive any furtner distribution of property or fimds

of the tribe until all other citizens have received lands and moneys
equal in value to his allotment.
Jurisdiction of 4. Exclusive jurisdiction is hereby conferred upon the Commission
the Commission. ^ ^.j^^ pi^,^ Civilized Tribes to determine, under the direction of the
Secretary of the Interior, all controversies arising between citizens as
to their right to select certain tracts of land.
CorrecUon of 5. Where it is shown to the satisfaction of said Commission that it
errors made in was the intention of a citizen to select lands which include his home and
seiecung lands, improvements, but that through error and mistake he had selected land



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IKDIAK LEGISLATION. 507

which did not include said home and improvementa, said Commission CancelUtionof
is authorized to cancel said selection and the certificate of selection or ^*2) " *^
allotment embracing said lands, and permit said citizen to make a new
selection including said home and improvements; and should said land Contests,
including said home and improvements have been selected by any other Lapee of time
citizen of said nation, the citizen owning said home and improvements nonprejudicial,
shall be permitted to file, within ninetjr days from the ratification of
this agreement, a contest against the citizen having previously selected
the same and shall not be prejudiced therein by reason of lapse of time
or any provision of law or rules and regulations to the contrary.

DESCENT AND DIOTRIBUTION.

6. The provisions of the act of Congress approved March 1, 1901 Jesoent and
(31 Stat. L., 861 ), in so far as they provide for descentand distribution *^^i 31 p^'ge^
according to the laws of the Creek Nation, are hereby repealed and Repeal'.

the descent and distribution of land and money provided for by said Distribution,
act shall be in accordance with chapter 49 of Mansfield's Digest of the ^(^ chapte?^^
Statutes of Arkansas now in force in Indian Territory: Promded, That Mansfield's Di-
only citizens of the Creek Nation, male and female, and their Creek gegt.
descendants shall inherit lands of the Creek Nation: And provided ^S^rfJJrg,
further y That if there be no person of Creek citizenship to take the Noncltiien
descent and distribution of said estate, then the inheritance shall go heirs,
to noncitizen heirs in the order named in said chapter 49.

ROLLS OP CITIZENSHIP.

7. All children bom to those citizens who are entitled to enrollment Rolls of citi-
as provided by the act of Congress approved March 1, 1901 (31 Stat, '^y?)! si p 869
L., 861), subsequent to July 1, 1900, and up to and including May 25, • • **•
1901, and living upon the latter date, shall be placed on the rolls made

by said Commission. And if any such child has died since May 25. Allotment,etc.,
1901, or may hereafter die before receiving his allotment of lands and ^re|.®*^® ^
distributive share of the funds of the tril^, the lands and moneys to
which he would be entitled if living shall descend to his heirs as herein
provided and be allotted and distributed to them accordingly..

8. All children who have not heretofore been listed for enrollment Children not
living May 25, 1901, bom to citizens whose names appear upon the ^^ J^ ®°'^""
authenticated rolls of 1890 or u^n the authenticated rolls of 1895 and

. entitled to enrollment as provided by the act of Congress approved
March 1, 1901 (31 Stat. L., 861), shall be placed on the rolls made by
said Commission. And if any such child nas died since May 25, 1901, ^P^*^ before
or may hereafter die, before receiving his allotment of lands and dis- *^™'*®'^^
tributi ve share of the funds of the tril^, the lands and moneys to which ^^^
he would be entitled if living shall descend to his heirs as herein pro-
vided and be allotted and distributed to them accordingly.

9. If the rolls of citizenship provided for by the act of Congress Supplemental
approved March 1, 1901 (31 Stat L., 861), shall have been completed ">y^f citizens
by said Commission prior to the ratification of this agreement, the • » p*
names of children entitled to enrollment under the provisions of sec-
tions 7 and 8 hereof shall be placed upon a supplemental roll of citizens

of the Creek Nation, and saia supplemental roll when approved by the
Secretary of the Interior shall in all respects be held to be a part of
the final rolls of citizenship of said tribe: Providedy That the Dawes Proviso.
Commission be, and is hereby, authorized to add the following persons *o^Jf ^ added
to the Creek roll: Nar-wal-le-pe-se, Mary Washington, Walter Wash-
ington, and Willie Washington, who are Creek Indians, but whose
names were left off the roll uux>ugh neglect on their part

ROADS. Roads.

10. Public highways or roads 3 rods in width, being one and one- On section
half rods on each side of the section line, may be established along all ^^*
section lines without any compensation being paid therefor; and all

allottees, purchasers, and others shall take the title to such lands

subject to this provision. And public highways or roads may be Elsewhere.

established elsewhere whenever necessary for the public good, the



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508 INDIAN LEaiSLATION.

actual value of the land taken elsewhere than alons section lines to be
determined under the direction of the Secretary of the Interior while
the tribal government continues and to be paid by the Creek Nation
Damages. during that time; and if buildings or other improvements are dami^ged
in consequence of the establishment of such public highways or roiuls,
whether along section lines or elsewhere, such danutges, during the
continuance of the tribal government, shall be determined and paid in
the same manner.
Town sites. 11. In all instances of the establishment of town sites in accordance
Vol 31 p M4' ^^^^ the provisions of the act of Congress approved May 31, 1900 (31
' ' ■ ' Stat. L., 231 ), or those of section 10 of the agreement ratified by act
of Congress approved March 1, 1901 (31 Stat L., 861), aathonzing
the Secretary of the Interior, ui>on the recommendation of the Com-
mission to the Five Civilized Tribes, at any time before allotment, to
set aside and reserve from allotment any lands in the Creek Nation not
Railroad Rta- exceeding 160 acres in any one tract, at such stations as are or shall be
ttons, reaerva- established in conformity with law on the line of any railroad which
^^^^' shall be constructed, or oe in process of construction, in or through

said nation prior to the allotment of lands therein, any citizen who
shall have previously selected such town site, or any portion thereof,
for his allotment, or who shall have been by reason'oi improvements
Pay for im- therein entitled to select the same for his allotment, shall oe paid by
provemente. ^^^ Creek Nation the full value of his improvements thereon at the
time of the establishment of the town site, under rules and r^^lations
Provisos. to be prescribed by the Secretary of the Interior: Provided, however.

Right to pur- That such citizens may purchase any of said lands in accordance with
chaHc. the provisions of the act of March 1, 1901 (31 Stat. L., 861) : And pro-

Vol 31 p. 866. ^^-^^ further, Thkt the lands which may hereafter be set aside and
Bites'" reserved for town sites upon recommendation of the Dawes Commis-

sion as herein provided shall embrace such acreage as may be neces-
sary for the present needs and reasonable prospective growth of such
town siteH, and not to exceed 640 acres for each town site, and 10 per
Percentage of cent of the net proceeds arising from the sale of that portion of the
nct^ proceeds of jj^^^i within the town site so selected by him, or which he was so
entitled to select; and this shall be in addition to his right to receive
from other lands an allotment of 160 acres.

Cemeteries. CEMETERIES.

Desecrating 12. A cemetery other than a town cemetery included within the

mves prohib- boundaries of an allotment shall not be desecrated by tillage or other-

wise, but no interment shall be made therein except with the consent

of the allottee, and any person desecratii^ by tiliage or otherwise a

grave or graves in a cemetery included within the Doundaries of an

Punishment allotment shall be guilty of a misdemeanor, and upon conviction be
punished as providSi in section 667 of Mansfield's iMgest of the Stat-
utes of Arkansas.

Sale of ceme- 13. Whenever the town-site surveyors of any town in the Creek
terv lots. Nation shall have selected and locatea a cemetery, as provided in sec-

Voi. 31, p. 867. tion 13 of the act of Congress approved March 1, 1901 (31 Stat L.,
861) , the town authorities shall not be authorized to dispose of lots in
such cemetery until payment shall have been made to the Creek Nation
for land used for said cemetery, as provided in said act of Congress,
and if the town authorities fail or retuse to make payment as aforesaid
within one year of the approval of the plat of said cemetery by the

Reversion of Secretary of the Interior, the land so reserved shall revert to the Creek
land in case of Nation and be subject to allotment. And for lands heretofore or here-
°^iS^^"^* ^^^ designated as parks upon any plat or any town site the town shall
make payment into the Treasury of the United States to the credit of
the Creek Nation within one year at the rate of $20 per acre, and if
such payment be not made within that time the lands so designated
as a i)ark shall be platted into lots and sold as other town lots.

Miscellaneous. MISCELLANEOUS.

pJd^pe/ capita l"*- ^^ ^^^ ^^ ^® Creek Nation not needed for equalization of
to citizens, etc. allotments, including the Creek school fund, shall be paid out under



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INDIAN LEGISLATION. 509

direction of the Secretary of the Interior per capita to the citizens of
the Creek Nation on the dissolution of the OecK trihal government.

15. The provisions of section 24 of the act of Congress approved Repeal of
March 1, 1901 (31 Stat. L., 861), for the reservation of land for the six fand/ ^"'^ ** "^®
established Creek court-houses, is hereby repealed. Vol! 31, p. 868.

16. Lands allotted to citizens shall not in any manner whatever or Allotted lands
at any time be encumbered, taken, or sold to secure or satisfy any debt ??Ji? beencum-
or obli^tion nor be alienated by the allottee or his heirs before the °®'^' ®"^-
expiration of five years from the date of the approval of this supple-
mental agreement^ except with the approval of the Secretary of the

Interior. Each citizen shall select from his allotment forty acres of Homesteads
land, or a quarter of a quarter section, as a homestead, which shall be JjVcm**^^** ^^^
and remain nontaxable, inalienable, and free from any incumbrance
whatever for twenty-one years from the date of the deed therefor, and Deed.
a separate deed shaJl be issued to each allottee for his homestead, in
which this condition shall appear.

Selections of homesteads for minors, prisoners, convicts, incompe- n^i^^Btc^'*^'
t^its, and aced and infirm persons, who can not select for themselves, voiVsi, p*863.
may be made in the manner provided for the selection of their allot-
ments, and if for any reason such selection Jt)e not made for any citizen
it shall be the duty of said Commission to make selection for him.
The homestead of each citizen shall remain, after the death of the .R*^^J£j!u^*"}
allottee, for the use and support of children bom to him after May 25, ^i^ttee*'^
1901, but if he have no sucn issue then he may dispose of his home-
stead by will, free from the limitation herein imposed, and if this be
not done the land embraced in his homestead shall descend to his
heirs, free from such limitation, according to the laws of descent herein
ottierwise prescribed. Any agreement or conveyance of any kind or ARreement
character violative of any of the provisions of this paragraph shall be "'^^^^^
absolutely void and not susceptible of ratification in any manner, and
no rule of estoppel shall ever prevent the assertion of its invalidity. v i oi «wt

17. Section 37 of the agreement ratified by said act of March 1, 1901, ^^^' ^^' ^' ^'
is amended, and as so amended is reenacted to read as follows: ^ . ,

" Creek citizens may rent their allotments, for strictly nonmmeral Q""*"**? leases,
purposes, for a term not to exceed one year for grazing purposes only
and for a period not to exceed five years for agricultural purposes, but
without any stipulation or obligation to renew the same. Such leases Leases to be
for a period longer than one year for grazing purposes and for a ijeriod g^jJeu^^of the
longer than five years for agricultural purposes, and leases for mineral interior,
purposes may also be made with the approval of the Secretary of the Leases, etc..
Interior, and not otherwise. Any agreement or lease of any kind or void,
character violative of this paracrraph shall be absolutely void and not
susceptible of ratification in any manner, and no rule of estoppel shall Tribal t&x,
ever prevent the assertion of its invalidity. Cattle grazed upon leased
allotments shall not be liable to any tribal tax, but when cattle are
introduced into the Creek Nation and grazed on lands not selected for ^**«i°» **^-
allotment by citizens, the Secretary of the Interior shall collect from
the owners thereof a reasonable grazing tax for the benefit of the tribe, R. s., sec. 2117,
and section 2117 of the Revised Statutes of the United States shall not P- 870.
hereafter apply to Creek lands.''

18. When cattle are introduced intO the Creek Nation to be grazed Permits to
upon either lands not selected for allotment or upon lands allotted or^'*^*
selected for allotment the owner thereof, or the i)arty or parties so
introducing the same, shall first obtain a permit from the United States

Indian agent. Union Agency, authorizing the introduction of such



Online LibraryUnited States. Office of Indian AffairsAnnual report of the Commissioner of Indian Affairs → online text (page 87 of 117)