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Show REPORT OF THE COMMIS8IONER OF INDIAN AFFAIRS. 141 During the year royalties on coal amounting in the aggregate to $198,449.35 have been collected. Prominent coal operators in February last requested the Depart-ment to exempt from liability for royalty coal generally known as L'boiler coal." This coal, it seems, is used in generating steam and for general purposes in connection with the operation of mines. The Department considered the matter, and held, by letter of July 20, 1901, to Inspector Wright, that- While the twenty-ninth section of mid act of June 28, 1898, gives the Secretary i of the Interior pow& to reduce or advance royalties on coal and asphalt, the ~ e p a k I ment considers theamount of royalty now required fair, and that the regulations itre in accordance with the Law, which requires royalty on all coal mined. - The question of competition and its effhct on the different companies operating in the Indian Territory is one for the companies and not for the Department. Concurring in the recommendation of the Commissioner, you are directed to promptly advise all coal operators in the Choctaw and Chickasaw nations that they must pay royalty on all coal taken from mines by them, regardless of whether the coal produced is sold or is used for operating purposes. Asphalt.-There are six approved leases for the purpose of mining asphalt in the Choctaw and Chickasaw nations-three mentioned in my last annual report and three approved since that date, as follows: 1. One lease with the Downard Asphalt Company, submitted August 29, 1900, and approved October 18, 1900. 2. One leave with Marlis and Abraham Schneider, submitted Novem-ber 20, 1900, and approved November 23, 1900. 3. One lease with the Tar Spring Asphalt Company, submitted January 12, 1901, approved May 12,1901. During the fiscal year the royalty from asphalt mined in the Choctaw and Chickasaw nations amounted to $1,214.20. The Choctaw and Chickasaw agreement confirms all national contracts covering coal or asphalt lands in said nations upon which actual operations were being conducted April 23,1897, the date of the agree-ment, and the following persons and companies are operating under such national contracts: Caston Coal Company, Perry Brothers, R. Sarllv, M. Perona, J. B. McDougall, Turkey Geek Coal Company, Capitol Coal and Mining Company, Southwestern Coal and Improve-ment Company, Kansas and Texas Coal Company, Hailey Coal and Mining Company. Othw minerak.-No lease of any mineral other than coal and asphalt has been granted of lands in the Choctaw and Chickasaw nations, it having been held by the assistant attorney-general for the Department, in an opinion rendered May 11, 1900, as stated in my last annual report, that the Department was not authorized by the provisions of the agreement to lease any mineral other than coal and asphalt "except av an assurance of rights under a lease of oil or other mineral assented to by act of Congress." |