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Show 124 REPORT OF THE OOMMISSIONEB OF INDIAN AFFAIRS. The Department held that it would be necessary to have the lease and bond reexecuted. The lease was subsequently granted to the Brunswick Asphalt Company. The inspector, April 9, 1900, submitted ten applications of the Southwestern Coal and Improvement Company for leases of certain lands in the Choctaw Nation, and also filed applications of the Milby & Dow Coal and Mining Company for leases of certain lands in that nation; and some of the tracts described were included in both appli-cations. O5ce report of April 14, 1900, stated that- It appears that neither of the companies has made any improvements upon the lands in controversy, and the queation raised by Inspector Wright as to whether or not the Southwestern Coal and Improvement Company has the righb to commence operations on any of the tracts of land in controversy, at any time prior to the expi-ration of its national contract, seems to come within the provisions of the agreement above quoted. It appears that this company was, on April 23, 1897, operating upon the territory covered by its national contmt. The contract entered into by this company with the national representatives of the Choctaw and Chickasaw nations July 1,1889, and renewed November 2, 1895, described &in tracts of land by indicating the names by which they were known, and these tracts seem to he embraced within the area applied for by this company. It is the opinion of this office that the Southwestern Coal and Improvement Com-pany's contract with the national authorities was approved by the Choctaw and Chickasaw agreement; that said company has the right to begin operations an any of the tmts covered by said national contract at any time prior to the expiration thereof; that the company may at any time, up to and including the date of its national contract, make application for leases for the tracts covered by it8 national contract; and that the Milby & Dow Coal and Mining Company has not in any particular established its right to leases to the lands in controversy, as against the rights of the Southwestern Coal and Improvement Company. It was therefore recommended that the inspector be instructed to advise the Southwestern Coal and Improvement Company to have its leases prepared and forwarded for consideration. The Department, however, in a letter of June 14, 1900, advised the inspector that as soon as the Attorney-General should render an opin-ion on the subject he wonld be informed. So far as thii oftice is advised, the opinion has not yet been rendered. Otlw mheraZs.--October 3, 1899, the inspector requested to be advised relative to the leasing of minerals in the Choctaw and Chica-saw nations other than coal and asphalt. His report was submitted to the Department with o5ce report of October 11,1899, in which atten-tion was called to the following recommendation contained in the annual report of the inspector: It appears by tmty that all mineral land, other than coal and asphalt, is not reserved from allotment in the Chickasaw and Chcctaw nations. Therefore, to avoid complications later, it wonld appear desirable that no leases, other than coal and asphalt, be made in mch nations, though the treaty provides leases shall include all minentla. |