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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I

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

Page 460

executed on or before December thirty-first, nineteen hundred and four, or
executed after 
that date based upon contracts made prior thereto, and which have been or
shall be 
approved by the Secretary of the Interior, to the extent of six hundred and
eighty thou- 
sand acres in the aggregate, are hereby extended for the period of ten years
from the six- 
teenth day of March nineteen hundred and six, with all the conditions of
said original lease 
except that from and after the sixteenth day of March, nineteen hundred and
six, the royalty 
to be paid on gas shall be one hundred dollars per annum on each gas well,
instead of fifty 
dollars as now provided in said lease, and except that the President of the
United States 
shall determine the amount of royalty to be paid for oil. Said determination
shall be evi- 
denced by filing with the Secretary of the Interior on or before December
thirty-first, nine- 
teen hundred and five,such determination; and the Secretary of the Interior
shall immediately 
mail to the Indian Territory Illuminating Oil Company and each sublessee
a copy thereof. 
That there shall be created an Osage Townsite Commission consisting of three
one of whom shall be the United States Indian Agent at the Osage Agency,
one to be 
appointed by the Chief Executive of the Osage tribe and one by the Secretary
of the 
Interior who shall receive such compensation as the Secretary of the Interior
may prescribe 
to be paid out of the proceeds of the sale of the lots sold under this Act.
That the Secretary of the Interior shall reserve from selection and allotment
the south half 
of section four and the north half of section nine, township twenty-five
north, range nine east, 
of the Indian meridian, including the town of Pawhuska, which, except the
land occupied by 
the Indian school buildings, the agency reservoir, the Agent's office, the
Councilbuilding and 
the residences of agency employees, and a twenty acre tract of land including
the Pawhuska 
cemetery, shall be surveyed, appraised and laid off into lots, blocks, streets
and alleys by said 
Townsite Commission, under rules and regulations prescribed by the Secretary
of the Inte- 
rior, business lots to be twenty-five feet wide and residence lots fifty
feet wide, and sold at 
public auction, after due advertisement, to the highest bidder by said Townsite
under such rules and regulations as may be prescribed by the Secretary of
the Interior, and 
the proceeds of such sale shall be placed to the credit of the Osage tribe
of Indians: Provided, 
That said lots shall be appraised at their real value exclusive of improvments
thereon or adja- 
cent thereto, and the improvements appraised separately: And provided further,
That any 
person, church, school or other association in possession of any of said
lots and having 
permanent improvements thereon, shall have a preference right to purchase
the same at the 
appraised value, but in case the owner of the improvements refuses or neglects
to purchase 
the same, then such lots shall be sold at public auction at not less than
the appraised value, 
the purchaser at such sale to have the right to take possession of the same
upon paying the 
occupant the appraised value of the improvements. There shall in like manner
be reserved 
from selection and allotment one hundred and sixty acres of land, to conform
to the public 
surveys, including the buildings now used by the licensed traders and others,
for a town site 
at the town of Hominy; and the south half of the northwest quarter and the
north half of 
the southwest quarter of section seven, township twenty-four north, range
six east, for a 
townsite at the town of Fairfax, and the northeast corner, section thirteen,
township twenty- 
four, range five east, consisting of ten acres, to be used for cemetery purposes;
and two town 
sites of one hundred and sixty acres each on the line of the Midland Valley
Railroad Com- 
pany adjacent to stations on said line, not less than ten miles from Pawhuska.
And the 
town lots at said towns of Fairfax and Hominy and at said town sites on line
of the Midland 
Valley Railroad shall be surveyed, appraised and sold the same as provided
for town lots in 
the town of Pawhuska. 
That the disbursing clerk of the Department of Justice be, and he hereby
is, authorized 
and directed to pay out of the unexpended balances of the appropriations
for "Salaries and 
Expenses, Choctaw and Chickasaw Citizenship Court," such expenses as
were incurred 
by the bailiff, reporter, and stenographers of the said court for subsistence
while in the per- 
formance of their duties at the headquarters of the said court, and which
remain unpaid by 
reason of a decision of the Comptroller of the Treasury, whether such expenses
were actually 
paid by the disbursing clerk and disallowed by the accounting officers of
the Treasury or pay- 
ment refused by the disbursing clerk in the first instance. 
[Vol. 33, p. 1062.] 
That the Secretary of the Treasury is hereby authorized to place to the credit
of Howell P. 
Myton the sum of seven hundred andninety-six dollars and fourteen cents,
being the amount 
charged against him as money paid to unlawfully enrolled members of said
tribes while 
Indian agent, Uintah and Ouray Agency, Utah, during his term of service ending
thirty-first, nineteen hundred and three. 
For the resurvey and subdivision of a portion of the Fort Peck Indian Reservation,
in the 
State of Montana, seventeen thousand dollars. 
For payment of certain squatters on the Turtle Mountain Reservation for their
ments, namely, Francois Le Forte, five hundred and ten dollars; Corbet Bercier,
six hundred 
and thirty dollars; William Bercier, three hundred and fifty-eight dollars;
and Joseph Ber- 

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