University of Wisconsin Digital Collections
Link to University of Wisconsin Digital Collections
Link to University of Wisconsin Digital Collections
The History Collection

Page View

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

Reports concerning Indians in Indian territory,   pp. 202-221 PDF (9.1 MB)


Page 213

REPORTS CONCERNING INDIANS IN              IND. TER.           213 
fying allotment (this procured by this office); and In the Creek Nation,
certificate of 
principal chief showing deilvery of deed. 
3. Affidavit showing no development work by the lessee and amount of bonus
paid, or to 
be paid, if any. 
4. Affidavit of lessor made before United States Commissioner; or, in lieu
thereof, 
statement made to the Indian agent. 
5. Affidavit by lessee showing that lease was taken in good faith, for purpose
of active 
operation, and not for speculation and resale. 
6. Affidavit by lessee, if individual, showing his financial responsibility,
amount of 
cash on hand available for mining operations, and experience in oil and gas
or other 
business, accompanied by affidavit of bank officer showing amount deposited
to his credit. 
Should the lessee be a corporation, the following additional papers are re-
quired: 
1. Certified copy of articles of association and certificate of incorporation;
and, if a 
foreign corporation, certificate of clerk of court of appeals at South McAlester,
showing 
compliance with Indian Territory law. 
2. Evidence in the form of a single affidavit of the secretary or president
of the corpo- 
ration, under corporate seal, showing authority of the officers to execute
lease, bond, and 
and other papers. (See form hereafter quoted.) 
3. Financial showing in affidavits covering the following points: 
(a) Total number of shares of the capital stock actually issued and specifically
the 
amount of cash paid into the treasury on each share sold; or, if property
was paid, state 
kind, quantity, and value of the same paid per share. 
(b) Of the stock sold how much per share remains unpaid and subject to assessment.
(c) How much cash has the company In its treasury and elsewhere, and from
what 
source it was received. 
(d) State the amount of cash the company has on hand available for mining
opera- 
tions under its leases. 
(e) Whatproperty, exclusive of cash, is owned by the company, and its value.
(f) Certificates by officers of the banks should be furnished showing the
amount 
deposited therein to the credit and subject to the check of the company.
(g) What is the total indebtedness of the company and, specifically, the
nature of its 
obligations. 
(h) State what experience the officers of the company, or others connected
with or 
employed by it, have had in the production of petroleum and gas, or other
business. 
Where a lease covers the allotment of a minor, the same must be executed
by 
a duly appointed and authorized guardian, and requires the following additional
papers: 
1. Certified copy of letters of guardianship. 
2. Certified copy of order of court authorizing guardian to execute the lease.
3. Certified copy of confirmatory order of court approving the lease. 
4. Affidavit of parent or guardian as to date of birth of minor, as the leases
can only 
be made during the minority of the ward. 
5. If the guardian is not the parent of the minor, an affidavit setting forth
at whose 
request he was appointed and his relation to the minor, if any. 
6. Affidavit by guardian stating the amount of bonus paid, or to be paid,
in connection 
with each lease. 
So many different forms and separate papers have been prepared, showing the
authority of officers of corporations to execute leases and bonds, a special
form 
has been approved by the Department, and for convenience is quoted below:
Whereas               is the duly elected and qualified and acting president
of 
a corporation duly organized and existing under the laws of -, and 
Whereas                is the duly elected, qualified, and acting secretary
of said cor- 
poration, and 
Whereas both of said persons were president and secretary, respectively,
on the 
day of       , 190-, at which time they executed an       mining lease with
, allottee of certain lands in the -  Nation, Indian Territory: 
Now, therefore, I, the undersigned,              of said corporation, do
solemnly 
swear that the mining lease mentioned above was duly and regularly entered
into by the 
officers of said corporation as named, by and under the authority of the
board of directors 
of said corporation, and in accordance with the by-laws thereof; and further
that said 
officers were duly authorized and empowered on behalf of the corporation
named to 
execute any and all bonds, applications, or other papers, required in connection
with said 
mining lease. 
I further certify that the action of said officers in executing the papers
mentioned on 
behalf of said corporation, binds said corporation to a full and complete
performance of 
any and all obligations contained therein. 
Dated at    -, this      day of       , 190-. 
Subscribed and sworn to before me this -- day of      , 190-. 
Notary Public. 
(My commission expires          -. 
NoTE. -To be executed by secretary or president-secretary in all cases where
possible, 
and in every case to have corporate seal affixed. 
Any form substantially the same as this one will be accepted. 
When leases are in proper form except as to financial showing, under instruc-
tions, the lessees are notified to file the necessary papers within fifteen
days 
from date of notie, I~f this requirement is ndt complied with at the expiration
of this time the leases are transmitted for departmental action. 


Go up to Top of Page