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United States. Office of Indian Affairs / Annual report of the commissioner of Indian affairs, for the year 1905
Part I ([1905])

Indian legislation passed during the second and third sessions of the Fifty-eighth Congress,   pp. 441-471 PDF (16.2 MB)


Page 459

INDIAN     LEGISLATION      OF  FIFTY-EIGHTH       CONGRESS.        459 
MISCELLANEOUS. 
[Vol. 33, p. 1059.] 
For clerical and incidental expenses of the United States inspector's office,
Indian Terri- 
tory, in accordance with the provisions of section twenty-seven of the Act
of June twenty- 
eighth, eighteen hundred and ninety-eight, entitled "An Act for the
protection of the people 
of the Indian Territory, and for other purposes," ten thousand dollars.
For pay of confidential clerk in office of Commissioner of Indian Affairs,
at the rate of 
one hundred and fifty dollars per month, one thousand eight hundred dollars,
to be imme- 
diately available. 
To pay all expenses incident to completion of the survey, platting, and appraisement
of 
town sites in the Choctaw, Chickasaw, Creek, and Cherokee Nations, Indian
Territory, 
under the provisions of an Act of June twenty-eighth, eighteen hundred and
ninety-eight, 
and all acts amendatory thereof or supplemental thereto, ten thousand dollars,
the same to 
be immediately available: Provided, That the several town site commissions
in the Choctaw, 
Chickasaw, Creek,and Cherokee Nations shall, upon the completion of the appraisement
of 
the town lots in their respective nations, be abolished by the Secretary
of the Interior at 
such time as in his judgment it is considered proper; and all unfinished
work of such com- 
missions, the sale of town lots at public auctions, disposition of contests,
the determination 
of the rights of claimants, and the closing up of all other minor matters
appertaining thereto 
shall be performed by the Secretary of the Interior under such rules and
regulations as he 
may prescribe: Provided further, That all unsold lots, the disposition of
which is required by 
public auction, shall be offered for sale and disposed of from time to time
by the Secretary 
of the Interior for the best obtainable price as will in his judgment best
subserve the inter- 
ests of the several tribes; and the various provisions of law in conflict
herewith are modified 
accordingly. 
Removal of intruders, Five Civilized Tribes: For the purpose of removing
intruders and 
placing allottees in unrestricted possession oftheir allotments, to be expended
under the 
direction of the Secretary of the Interior, fifteen thousand dollars. 
For clerical work and labor connected with the sale and leasing of Creek
and the leasing 
of Cherokee lands, fifteen thousand dollars. 
. For special clerical force in the office of the United States Indian Agent,
Union Agency, 
and miscellaneous expenses in connection with entering of remittances received
on account 
of payments of town lots and issuance of patents, and conveying same, six
thousand dollars. 
For the completion of the work heretofore required by law to be done by the
Commission 
to the Five Civilized Tribes, and the provisions for investigations herein
contained two hun- 
dred thousand dollars. Said appropriation to be disbursed under the direction
of the Sec- 
retary of the Interior: Provided, That the work of completing the unfinished
business, if 
any, of the Commission to the Five Civilized Tribes shall devolve upon the
Secretary of the 
Interior, and that all the powers heretofore granted to the said Commission
to the Five Civi- 
lized Tribes are hereby conferred upon the said Secretary on and after the
first of July, 
nineteen hundred and five. 
It shall be the duty of the Secretary of the Interior to investigate, or
cause to be investi- 
gated, any lease of allotted land in the Indian Territory which he has reason
to believe has 
been obtained by fraud, or in violation of the terms of existing agreements
with any of the 
Five Civilized Tribes, and he shall in any such case where in his opinion
the evidence war- 
rants it refer the matter to the Attorney-General for suit in the proper
United States court 
to cancel the same, and in all cases where it may appear to the court that
any lease was 
obtained by fraud, or in violation of such agreements, judgment shall be
rendered canceling 
the same upon such terms and conditions as equity may prescribe, and it shall
be allowable 
in cases where all parties in interest consent thereto to modify any lease
and to continue the 
same as modified: Provided, No lease made by any administrator, executor,
guardian or 
curator which has been investigated by and has received the approval of the
United States 
court having jurisdiction of the proceeding shall be subject to suit or proceeding
by the Sec- 
retary of the Interior or Attorney-General: Provided further, No lease made
by any admin- 
istrator, executor, guardian, or curator shall be valid or enforcible without
the approval of 
the court having jurisdiction of the proceeding. 
*           *           *           *           *           *           
* 
[Vol. 33, p. 1061.] 
And the President is hereby authorized, in his discretion, to allot the lands
of any tribes of 
Indians to the individual members thereof whenever, in his judgment, it is
advantageous for 
such Indians that such allotments be made: Provided, That any allotments
which may be 
made of the Osage Reservation in Oklahoma Territory shall be made subject
to the terms and 
conditions of the lease herein authorized, the same being a renewal as to
a part of the prem- 
ises covered by a certain lease dated March sixteenth, eighteen hundred and
ninety-six, given 
by the Osage Nation of Indians to Edwin B. Foster and approved by the Secretary
of the Inte- 
rior and now owned by the Indian Territory Illuminating Oil Company under
assignments 
approved by the Secretary of the Interior, which said lease and all subleases
thereof duly 
-As 


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