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Show 00MXIS8IONEH OF INDIAN AFFAIRS. 131 These figures do not represent the actual tonnage mined each year, as the annual advance royalty on the different leases is included therein. Creek tribal tax.-At the request of the tribal authorities of the Creek Nation and of many persons doing business in that nation, the collection of the tribal tax was suspended about .July 1, 1903, until such time as the court of appeals for the Indian Territory should render an opinion in the case of Buster and Jones u. Wright et al. The court of appeals sustained the contention of the Government as to the validity of the tax. An appeal was taken from this decision by Buster and Jones to the United States circuit court of appeals, eighth circuit. During the December term, 1904, the court said: The decision was erroneous. It was a reversal and it should have been an affirmance. If we should now reverse the decree of dismissal, which has been rendered, it would only be to direct the entry of a decree of dismissal in the same terms upon the demurrer. As a decree which has the same effect has already been entered, it will not be disturbed. A right decree for a wrong reason is not reversible. The decrees below must he affirmed, and it is so ordered. This opinion was filed on March 7, 1905, and immediately there-after the inspector for the Indian Territory was instructed by the Department to proceed with the collection of the tribal tax in the Creek Nation. Several of the business men, especially of Muskogee, opposed the collection of the tax, and it was necessary for the in-spector to cause their places of business to be closed by the Indian police force. Part of the Indian police force was arrested by the municipal authorities and taken before the mayor of Muskogee, who, under the provisions of the " Curtis Act," has the same jurisdiction as a United States commissioner. The policemen mere discharged by the mayor, Doctor Fite, and the Government has since experienced no difficulty in the collection of the taxes. The collection is made from the date of the last payment by each company or firm. At this time the business men are permitted to pay such amounts as they consider are justly due the nation, and they are given what may be properly termed temporary receipts evidencing the amount of payment, but' not in any manner admitting that it is the whole amount due. The Department has authorized the employment of three persons to examine the books and invoices of each merchant doing hu3iness in the Creek Nation with a view to ascertaining whether such merchant has paid the tax legally due, which is one-half of 1 per cent of the cost of goods offered for sale. PUBLIC ROADS. Section 10 of the act of June 30, 1902 (32 Stat. L,, 500), ratifying the Creek agreement provides that "public highways or roads, three |
