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Show REPORT OF THE OOMMISSIONER OF INDIAN AFPAIR8. 123 owners of the stock would give him $20,000 worth of fully paid up nonassessable capital stock of said company; and that he accepted that proposition, but that the stock was never delivered to hi. Therefore he urged that the lease should not be granted, for the reason that the Brunswick Asphalt Company was organized for the purpose of defrauding h i (Nelson) out of hi share of the capital stock of said Hays, Turner & Cooper Mining Company. In o5ce report dated November 22, 1899, it was stated: Concerning Mr. Nelson's protest, the office is of the opinion that if H. A. Kemble & Co., who were, it seems, the sole owners of the stock of theHays, Turner & Cooper Mining Company, owes him anytbing by reaaon of his contract to sell the stock of mid company, that he (Nelson) would still have a right of action against mid Kemble & Go., if he ever had any such right, and that their stock in the Brunswick Asphalt Company would be liable for any judgment obtained against them by reason of said contract, and that the same is also true as to any judgment he might obtain againat said Kemble & Do. by reason of the agreement entered into by the provisions of which it appears that in consideration of his surrendering said contract ta sell the stock of the Hays, Turner & Coopcr Mining Company, that said Kemble & Co. agreed to give him $20,000 worth of the full paid up nonassessable capital stoek of said Hays, Turner & Cooper Mining Company. The o5ce further stated that it doubted whether the lease should be granted at that time, for the reason that the Department was then con-sidering the rate of royalty that should be paid on asphalt, and for the further reason that while the law undoubtedly vested power in the Department to increase or decrease the rate of royalty to be paid under any mineral lease whenever it was deemed "for the best interests of the Choctaws and Chickasaws to do so," it was doubtful whether such authority was reserved in the form of lease then in use. By Department letter of December 18, 1899, the ofice was advised as follows: While the Department adheras to the opinion that the lessee ia under obligation to pay the rate of royalty thabmay he p r k b e d by the Secretrtry at'any time during the term of the lease, even if the rate be increased over that ex~reaslvst ated therein. yet out of abundant caution so that there may not be apoa4ibility of a doubt as to the true mtent and meaning of the l a , it isconsidered advisable that the form of lease I prescribed by the secre&ry of the Interior on October 7, 1898, under the provisions of sectioh 29 of the act of Congress approved June 28, 1898 (30 Stat. L., 495), be amended so that thelast paragraph on page 10 shall read: And the part- of thesecondpart agree-- that this indenture of lease Bhall he subject in dl rerpects to the mles and regulstioaa heretofore, or thht may he hereafter prescribed, under the said act of June 28,1898, bythe Secretaryof the Interior relative to mineral lesaes in the Choctaw and Chicka-m w latrunr; end sarn ya-of ~lmr- !td bar$ vxyr*ly a y n to~ p ay to rald I'lmil~db l d t ~lln &sn agent any arldrtional Mtr ~frugdlls@ hamt as be ngui r ~db s the 2errckryof ihc Intenordunng the trm rhblear alrsll Le ill forcesod slfrrr: and funhtr. that rhoul.i the oan-01 113" ut:o.nl llxn ~~ ~- ~ r--~. - eaeeutom, administratom, or assigns, violate any of the eovenanta, stipulations, or pmvisionsof this lease, or fail for the period of thirg days to pay the atipul&td monthly myalties pm~ided for herein, then the Seeretsry of the Interior shall be at liberty, in his diaoretion, to avoid this indenture of lease, 8nd -use the m e to be annulled, when all the rights, fmnohises, and privileges of the paa- of the sewnd part. - executors, admiuhtmtom, or aasigne, hereunder shall cease and end, without further prooeedinps. |