OCR Text |
Show ing with a view either to dissolving the temporary injunction or g it permanent. He also stated that since he had more maturely usidered the principles involved he had reached the conclusion that s court was without jurisdiction to grant the injunction because of e fact that such an injunction would be an unwarranted interference th the jurisdiction of this Department over the matter of leasing. is opinion of Judge Townsend in the main concurs with the views this office as expressed above. The Department has not yet decided the questions submitted, so far s this office has been advised, and it is informally understood that the ase has been referred to the Assistant AttorneyGeneral for his One other matter of great importance connected with mining affairs the Choctaw and Chickasaw nations under the agreement has been Ily discussed, and that is the question whether under the agreement as intended to reserve from allotment any other minerals than wal sphalt, which are specifically reeerved in the agreemeut. s discussion arose out of the position taken by Mr. Ainsworth, he mineral trustee for the Choctaw Nation, that it was not the inten-on of the nations to provide for the leasing of any minerals in the hoctaw and Chickasaw nations for the benefit of the nations except al and asphalt, and that it was the expectation that a11 other deposits f mineral character under the laud would go to the benefit of the rty taking the same in allotment. February 11, 1899, Inspector right reported relative to a certain lease for the purpose of quarrying one to be used as ballast by railroad compa~esa, nd it was in this eport and the accompanying papers that Mr. Ainsworth's position was In its report to the Department of February 20, 1899, the office id that whether or not it would he deemed expedient to suspend cregnlations as to the leasing of all minerals except coal and asphalt, as to allow opportunity for the amendment of the agreement, the cc was of the opinion that the agreement as it now stands author-es the leasiug of other minerals. Replying to this in a letter addressed to Inspector Wright, the Department concurred in the posi-tion of this office and held that all minerals were subject to lease under the agreement. Later, however, the Choctaw mineral trustee submitted to Inspector Wright a very urgent protest against the ruling of the Depaztment, together with the reasons why he thought the agree- ,meut does not authorize the leasing of other minerals. Briefly stated, those reasons are, first, that the clause in the agreement reserving min-erals mentions only coal and asphalt, and all through the agreement the intention seemed to Mr. Ainsworth to have been to reserve only coal and asphalt to the nation, because it is provided that only saeh revenues as were received from the leasing of coal and asphalt shall be deposited to be used for school purposes; second, because the words |