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Show 110 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. LLothemr ineral" occur in only one place in the agreement, and that ia not the place which reserves the minerals for the use of the nation; third, because in that part of the agreement which deals with the qnes. tion of the title of allottees it is provided that the patent shall convey to the allottee all interest in the land exoept the coal and asphalt, "herein excepted from allotment," and it was not seen by Mr. Ains-worth how the nation could give the title to the allottee and at the same time reserve the valuable minerals in the land, which by the agreement go with that title, for tribal uses. The office, in a report dated March 31,1890, submitted its views of the position taken by Mr. Ainsworth, stating that since the receipt of the report of Inspector Wright transmitting this protest from the Choctaw mining trustee and on a more careful consideration of the agreement as a whole it seemed to the office that the position thereto-fore taken shonld he modified. Briefly stated, this conclusion was reached on aewunt of the positive reservation in the agreement of coal and asphaltfor tribal uses to be leased for the benefit of the schools of the nations, and the clear and positive requirement of the agree-ment as to the title of the allottees, which gives the allottee the right to claim the absolute fee in all lands allotted to him, and all minerals in and under such lands, except coal and asphalt. The words "other mineral," as contained in the agreement, were considered by the office to apply only to such leases embracing other minerals than coal and asphalt as had been previously assented to by Congress, which were specifically aBrmed by the agreement; consequently they were not intended to authorize or require the leasing of any minerals in the Indian Territory except coal and aspha,lt, and except, also, where exist-ing leases, asseuted to by Congress, embrace other minerals. The Department, in a letter dated April 4, addressed to the inspector for the Indian Territory, in an elaborate opinion reviewed the act and agreement and reached the conclusion that the agreement should be considered as authorizing the leasing of other minerals than coal and asphalt, and instructed Inspector Wright accordingly. Cherokee and Creek leases nnder seotion 13.-In the Cherokee and Creek nations the situation as to leasing lands for mineral purposes is differ-ent from that in the Choctaw and Chickasaw nations. The subject in these two nations is covered entirely by the provisions of section 13 of the Curtis Act, the Cherokees having refused to make an agreement with the commission, and the Creeks having failed to ratify their agree-ment. October 11, 1898, the Department directed this o5ce to prepare a draft of regulations to govern miscellaneons matters in the Indian Territory under the provisions of the Curtia Act. This draft of regn- Iations was transmitted to the Department for its approval with ofice report of October 28. Among other things, it provided regulations for leasing mineral lands nnder section 13 in such nations as were not |