OCR Text |
Show INDIAN TERRITORY, REGULATIONS. shall be determined after an investigation by the inspeotor located in the Indian Territory, subject to appeal to the Commissioner of Indian Mairs, and from him to the Secretary oE the Interior. 10. All leases made prior to April 23,1897, by any person or cor oration, with my member or members of the Choctaw or Chickasaw nations, the o%ject of which was to obtain the permission of such member or members to operate coal or mphalt mines within the said nations, are declared void by said agreement, and no person, corporation, or company occupying any lands within either of said nations, under such individual leases, or operating coal or other mines on such lands, nnder color of such leases, shall be deemed to have any right or preference in the making of any lease or leases for mining purposes embracing the Ian& covered by such parsonal leases, by reason thereof; but parties in possession of mineral land who have made improvements thereon for the purpose of mining shall have a preference right to lease the land upon which said improvements have been made, nnder the provisions of said agreement and these regulationa. 11. Where two or more persons, corporations, or companiesshall make applica-tion for the leasing of the same tract of land for mining purposes, and a contro-versy arkes between such persons, corporations, or colnpanies as to the right of each to obtain the lease of such land, it shall be the duty of the United States Indian inspector stationed in the Indian Territory to investigate into the rights of the parties and determine as to which shall be given the right to lease the lands in controversy, subject to appeal as above stated in paragraph 9. 12. All lessees will be required to keep a full and correct account of all their operations under leases entered into under said agreement and these regulations, and their hooksshall be open at all times to the examination of said tmstees, of the United States Indian inspector stationed in the Indian Territory, and such other officer or officers of the Indian department as shall be instlncted by the Secretary of the Interior or the Commissioner of Indian Affairs to make such esimination; but. except as to the said trustees and ths United States Indian inspector located in the Indian Territory, no lessee will be held to have violated this regulation for refusing to permit an examination of his books by any person unless such person shall produce written instructions from the Secretary of the Interior or from the Commissioner of Indian Affairs requiring him to make such an examination, and said lessees shall make ail their reports to said United States Indian inspector, and they shall be subject to any instructions given b him. 13, A11 royalties,inoluding advanced royalties, as provided for in sadagreement and in these regulations, shall be payable in lawful money of the United States to the United States Indian agent at the Union Agency in the Indian Territory, who shall be at all times under the direction and supervision of the United States Indian inspector for the Indian Territory. The advanced royalties are payable $100 on the making of the lease, $100 in one year thereafter, $200 two years there-after, $200 in three years thereafter, and $500 on the 'ourth and each succeeding year until the end of the term thereof. A11 other royalties, in accordance with' the schedule provided in these regula-tions, unless modified in any particnlar case by the Secretary of the Interior, as herein provided, shall be payable to said United States Indian agent monthly, and shall be paid on or before the 25th day of the month succeeding the date when such monthly royalties shall have accrued. All monthly royalties shall be accom-panied by a sworn statement, in duplicate, by the persan,corporation,or company making the same as to the output of the mine of such person,corporation. or com-pany for the month for which royalties may be tendered. One part of said sworn atatement shall be filed with the United States Indian agent, to be transmitted to the Commissioner of Indian Affairs, and the other part thereof shall be filed with the United States Indian inspector located in the lndian Territory. 14. The said United States Indian agent shall receive and receipt for all royal-ties paid into his hands when accompanied by a sworn statement as above pro-vided, hut not otherwise: and all royalties received by him shall be, as soon as practicable, deposited with the United States subtreasurer at St. Louis, in like manner as are deposited moneys known in the regulations of the Indian Office its Miscellaneous receipts, Class 111, with a statement showing the proportionate shares of each of the Choctaw and Chickasaw nations. 15. All royalties collected and deposited by the United States Indian agent, as above set forth, shall be held to the credit of the Choctaw and Chickasaw nations in their respective proportions, and shall be sub,ject todisbursement by the Secre-tary of the Interior for the support of the schoole of the Chootaw and Chickasaw nation8 in accordance with said agreement. 16. All lessees under said agreement and theae regulations will be required to i give bond, with two good and sufficient sureties or an approved anrety company, |