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Show he rendered an opinion, which was approve6 by the Department on the same day, that "the Creek law in question, if attempted to he applied to national banks, would come in conflict with the laws of the United States." Theopinion is published in full in this report, page 579. Business permits in the Creek Hation.-In my last report tbe case generally known as the "lawyers' tax case" was discussed, and it was stated that certain lawyers residing in the Creek Nation had refused to pay the tax of $25 prescribed by the laws of that nation; that the attorneys who were dissatisfied with the rulings of the Department in the cave had sought by a bill in equity to enjoin the inspector and the Indian agent from the collection of this tax, and that Judge Thomas, before whom the application was made, had dismissed the bill and sustained the position taken by the Department. From this decision of the court the complainants appealed to the United States court of appeals in the Indian Territory, and that court, in an opinion rendered by Clayton, J., on January 6,1900, concurred in by the other justices, a5rmed the decision of the lower court in "sustaining the demurrer to the complaint and dismissing the case." The full text of this opin-ion is printed in this report, page 569, and it may also he found in 54 S. W. Reporter, 807. TIMBER AND STONE. The last session of Congress passed an act entitled "An act to pro-vide for the use of timber and stone for domestic and industrial pu~posesin the Indian Territory," approved June 6, 1900 (31 Stat., 660). The act authorizes the Secretary of the Interior to prescribe regulations for the procurement, from lands of the Five Civilized Tribes, of timber and stone for domestic and industrial purposes, including the construction, maintenance, and repair of railroads and other highways, to be used only in the Indian Territory, and to fix the full value thereof and to collect it for the benefit of the tribes. It also prescribes as penalty a fine of not more than $500, or imprisonment for not more than twelve months, or both, for the cutting, sale, or removal of the timber contrary to the prescribed regulations. The text of the ict will be found on page 534. The regulations and prescribed forms of applications, contracts, and bonds will be found on page 581. So far s9 this office is advised, no applications for timber or stone contracts have been submitted since the approval of these regulations. THE COMMISSION TO THY: FIVE CIVILZED TRIBES. Personnel.-In November, 1893, Hon. Henry L. Dawes, of Massa-chusetts, Archibald S. McKennon, of Arkansas, and Meredith H. Kidd, of Indiana, were appointed members of the Commission to the Fire Civilized Tribes. Mr. Kidd resigned, and April 13, 1895, Frank C. |
