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Show 126 REPORT OF THE UO~SSIONER OF INDIAN AFFAIRB. nations to reduee the royalties whenever they deem it for their beat intereate to do so, hut the pamgraph in the agreement which became a law reads: "All Ileasee under thin agreement shall include the ooal or ssphahm or other minerals," end the pm- was changed so asto authorize the Seeretarg of the Interior to "reduce or advanoe roysltiea onooal and amhalt vhen he deems it for the bestinterestsof the Choohwsand Chickasaws todo so." This agreement, containing aaid amendments, was ratified by said nations on August 24 last, and the changes made fully confirm the Department in the construc-tion heretofore plwd upon aid agreement. Besides, there is no good reason why other minerals in the Chickasaw and Choctaw nations than cod and asphalt should not be reserved for the benefit of the tribes in like manner as the coal and asphalt therein conhined. The Department, therefore, does not approve the recommendation quoted by the Acting Commissioner and concurred in by him. April 9, 1900, the inspector transmitted the application of S. B. Bradford and others for a zinc and lead mining lease in the Chickasaw Nation, Indian Territory. O5ce report of April 10,1900, quoted the following from Department letterabove quoted- I Besides there is no good reason why other minerals in the Chickasaw and Choctaw nations than coal and asphalt should not be reserved for the benefit of the tribes in like manner as the coal and asphalt therein contained. and referred to previous communications from this office which expressed the opinion that there was no authority for the leasing of any minerals other than coal and asphalt. April 27,1900, the Department requested of the Assistant Attorney- General for the Interior Department an opinion " whether the Secretary of the Interior was authorized to issue" the regulations prescribed by the Department on October 7,1898, "authorizing the leaaing of other minerals than coal or asphalt." May 11,1900, the Assistant Attorney-General rendered an opinion, which was approved by the Department on the same date, in which he held that there is no authority under the agreement for giving leases to mine anything but coal and asphalt. The opinion says: The agxement then fixes the royalty to be paid on cod and asphalt, with the proviso that the Secretary of the Interior may reduce or advance the royalties on "coal and asphalt" when he deems it to the best interest of the Indians to do so. The fact that no substance except coal and asphalt is mentioned in connection with the allotment of lands to individuals, and the patent to the dlottee, shows clearly that it was not intended to retain as the property of the tribe, or to except from the conveyance to the allottee, any sobstance other than coal and aspbalt that might be in or under the land allotted. The care exercised to specifically mention "coal and asphalt" in every declaration as to reservations for the common benefit of the mem-bers of the tribes, and to omit therefrom the mention, specifically or generally by the me of the phrase "other mineral," of any other substance is significant, and clearly demonstrates an intention to limit such reservations to the mbstances specifi-cally mentioned-that is, cod and asphalt. To make productive the property or things thus declared to be, and reaerved from allotment as, the common property of the members of the tribes, provision was made for granting privileges or leases for mining these substances. All these provisions, except two, mention specifically and only "coal and asphalt." Nothing in said |
