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Show 142 REPORT OF THE COMMISSIONER OF INDIAN AFFAIBS. Cmfictinq applications.-Gwrge D. Moulton made application to the inspector for a lease of cerhin lands in the Choctaw Nation. C. H. Nash desired to lease part of the same lands. These conflicting applications came on for a hearing before the inspector, and Moulton submitted, among other things, a national contract with the national agent for the Choctaw Nation, dated March 19, 1898, but it was not signed by the national agent of the Chickasaw Nation. Nash claimed that he was entitled to a lease for the reason that he and his msociates had discovered the mineral presumed at the time of its discovery to he coal. The inspector, after considering the evidence submitted by each, held, October 13, 1900, that neither of the parties was, as a matter of right, entitled to a lease, for the reason that ne~ther of their alleged rights to a lease came within the provisions of the Choctaw and Chicka-saw agreement confirming national contracts covering lands in actual operation at the date of the agreement. From the inspector's decision an appeal was taken to this office. The parties to this controversy were granted an oral hearing Novern-her 10, 1900. Mr. Nash did not argue his side of the controversy; neither was he present in person or represented by attorney. After having listened to the argument on behalf of Mr. Moulton and having thoroughly considered thecontroversy, November 16,1900, the decision of the inspector was affirmed. January 31, 1901, A. J. Webb, of St. Louis, Mo., filed a motion with this office for a rehearing on the ground of newly discovered evidence, and submitted affidavits and letters of certain parties which he alleged supported his motion. February 11,1901, after carefully considermg the papers filed, the office concluded that the position taken by Mr. Webb was untenable, and that if all of the alleged newly discovered evidence had been before the "trial court" for consideration at the original h?aring the "trial court" would not have arrived at a differ-ent conclusion. The motion was therefore denied. From this no appeal was taken. Cherokee leases.-No leases for the mining of any mineral in the Cherokee Nation have been granted. The Department has power, under the provisions of section 13 of the Curtis Act, to grant leases for the mining of coal, asphalt, and other minerals in and under the lands of said nation; but as there is no agreement with the Cherokees rela-tive to the distribution of their lands in severalty among the members of the nation, the Department has not as yet exercised its power under the provisions of that act. My last annual report gave the status at that time of the appliea-tions of the Cherokee Oil and Gas Company and others for oil leases covering tracts of 640 acres each, amounting in the aggregate to about |