OCR Text |
Show the nation, payments being made in installments. In this way most of the towns in that nation have been established, and the lots are in the ownership or possession of citizens who acquired this ownership or possession for valuable consideration paid to the nation. Some corre-spondence has been received in this office from parties who are still in debt to the nation for town lots purchased under this arrangement, in which they have asked whether they should continue to pay to the Indian agent-of course for the benefit of the nation-the balances on their indebtedness for the lots purchased. The office instructed the agent to collect these balances due from citizens for town lots, but advised that the parties paying the same should be permitted to do so under protest, so that any rights they may have might be preserved. Under section 15 of the act unimproved lots are regarded as the prop-erty of the nation and are sold at auction to the highest bidder at not less than the appraised value. No hardshipcan follow this rule in thecreek, Choctaw, or Chickasaw nation; but in the Oherokee Nation, where, under the law, citizens thereof have purchased from the national anthorities the lots in a town, and in some instances paid high prices for them, it would naturally follow that they should be given a prefer-ence to purohase the same lots in case of sale by the Government under the town-site law contained in the Curtis Act. Of course, the title obtained by the citizens from the Uherokee Nation in this par-chase was a mere right of occupancy and protection by the nation in that right of occupancy, but the question is whether the nation shall be permitted to sell to its citizens the right of occupancy and not give the citizen the beneEt of that right when the lots come to be sold in absolute title. The office is inclined to think that justice and right would suggest a modification of the to~n- s i tepr ovision in the Curtis Act so as to authorize the sale to Cherokee citizens of town lots which they have purchased from the nation, they to pay sucl~a dditional price over what has already been paid as will make up the difference in the value of an occupanoy right and a fee simple. Improvements of Intruders.-Among the miscellaneous matters in the Indian Territory that do not fall under the general classi0cations of @lairs as hereinbefore set out is the question of the payment of the value of improvements of intruders in the Cherokee Nation. By the act of 1893 the agreement between the United States and the Cherokee Nation, providing for the cession of the Cherokee Outlet, waa ratified with an amendment, among others, providing for the appraisal of the improvements made by intruders in the nation prior to Augnst 11,1886 7 1 and for the payment to themof such appraisedvalue before such intru-ders would be liable to removal under the provisions of the agreement I and the previously existing treaties. A board of appraisers was I appointed under this amendment, who appraised all of the improve- I |