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Show 162 REPORT OF THE C O ~ ~ S S I O N E ROF INDIAN AFFAIRS. I South McAlester 300 by 375 feet, upon which he had certain improve- , ments. The inspector.recommended that Mr. Genung he allowed that area as one lot, and the recornmendation was concurred in by this office ' July 6, and the Department directed the inspector, July 12, to instruct 1 the Choctaw town-site commiSsion accordingly. The office also recom-. mended that a Mr. Sittle be allowed the area inclosed by him, provided 1 it did not exceed that claimed by Mr. Genung; this was also allowed. Subsequently numerous applications were submitted by parties residing in South McAlester to be permitted to purchase, at 50 per I cent of their appraised value, lots of excessive Yize upon which they had improvementu, among them the application of Mr. M. M. Win-ningham for an area 244 by 310 feet, and that of Mr. A. A. Billings- 1 ley for an area 260 by 340 feet. The chairman of the Choctaw I town-site commission recommended that the request of the applicants be complied with, while Mr. Smiser, the representative of the com-mission on the part of the nation, in a letter dated July 25,1900, addressed to the inspector, opposed permitting occupants of large tracts to purchase them at 50 per cent of their appraised value. The office, in transmitting these applications in its report of August 16, took the position that the decision of the Department in the Genung case, which was doubtless based upon the recommendation of this oEce, was erroneous, for the reason that the law strictiy provides that the owner of improvements may purchase one residence lot and one business lot at 50 per cent of their appraised value., and that he has the right to purchase all other lots upon which he has permanent improvements at 629 per cent of their appraised value. This fact was not overlooked when the office made its recommendation in the Genung case, but it was thought that where property was in the outskirts of a town, and was improved to such an extent as Mr. Genung's appeared to be, a liberal construction of the law should obtain. It was, how-ever, recommended that the instructions of the Department in the Genung case be revoked, and that the inspector he directed to instruct the town-site commission to survey all lots in towns in the Choctaw and Chickasaw nations in accordance with the directions of Depart-ment letter of July 1, 1899; which were to the effect that residence lots should have a width of 100 feet by a depth of 150 feet, and that business lots should be established 25 by 150 feet, each to contribute its proper share to width of alleys established. The Department con- , curred in these recommendations, and August 18 directed the inspector to instruct the town-site commissions in accordance therewith. New town sites.-June 10, 1900, the inspector transmitted a copy of the opinion of the court for the southern judicial district of the Indian Territory, Judge Townsend presiding, in the case of the United States et al. v. I. 0. Lewis et al., which the inspector had caused to be brought for the purpose of restraining said Lewis from surveying, platting, and laying out a town site called Madill on certain lands |
