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Show REPORT OF THE C O ~ B E I I O N E ROF INDIAN AFFAIRS. 127 agreement was to impair "the rights of my holder or owner of a leasehold interewt in any oil, coal rights, aaphalt, or mineral which have been assented to by act of Congresq" and such interests were to be "asswed by new leases from such tmtees of coal or asphalt claims described therein." This provision does not apply gen-erally, but is limited to the claas of leases described; that is, those which had been assented to by act of Congress, so that there is yet no general provision as to any substance other than coal and aaphalt. Immediately following the proviaion laat referred to is the statement: All leasexunder tm agreement ahsll iinolnde the coal or wphslmm or other mioeral, as the case may be, in or under nine hundred and sixty acrea, which shall be in a square form as nearly as possible, and shall be far thirty years. This is the first and only time the word "mineral" appear8 in said agreement in connection with my general provision relating to leases for mining purposes, and if there is any authority for giving a leaae for mining any substance other than coal md aaphdt, except as an aasumce of rights under a lease of oil or other mineral assented to by act of Congress, it rests upon the phrase "other mineral," injected into this claue de6ning the extent of the territory to be covered by a lease for mining pur-poses. It being possible that some leasehold interests had been theretofore assented to by Congress involving the right to mine other mineral, and it being deemed adviable to avoid any misunderatanding as to claims of that class, the phraae "other mineral" was inserted where it is found. It was certainly never intended by the insertion of this phrase in the aentenee defining the extent of leasea to en- all the provisions preceding it, and to authorize leaaes for mining substances which it is clearly intended shall go with the title to the land to the respective allottee. After a careful consideration of this matter I am of opinion and advise yon that there is no authority under the provisions of said agreement for giving lease for the purpose of mining any substance other than coal and aaphalt, except as an asmmce of rights under a lease of oil or other mineral, aeaented to by act of Congxs. Creek md Cherokee leases.-The Department, November 4,1898, pro-mulgated regulations governing the leasing of mineral lands in the Creek and Cherokee nations in accordance with the provisions of sec-tion 13 of the act approved June 28,1898. No leases for the mining of minerals of any character in either of said nations have been approved by the Department; but the inspector reported, December 1,1899, that he had given Mr. John Bullette, a Delaware Indian, temporary permis-sion to mine coal in a certain locality in the Cherokee Nation and that similar permission had been granted to W. S. Edwards, a Cherokee citizen, who desired to supply coal to a railroad that was in the course of construction, and the inspector requested that his action be approved. Under this temporary permission said parties were to pay the rate of royalty prescribed by the regulations of November 4,1898, and the permits were subject to cancellation at any time the Department deemed it advisable. Office report of December 7,1899, recommended that the inspector's action be approved, and the Department, Decem-ber 12, authorized him to issue the permits "upon the conditions stated, namely, that they may be revoked at any time in the discretion of the Secretary, and that each party shall pay a royalty of 10 cents per ton as prescribed in the general regulations." |