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Show COMMISSIONER OF INDIAN AFFAIRS. 101 Attorney-General to the following provision of section 29 of the Choctaw-Chickasaw supplemental agreement: And no such lease or any sale shall be valid as against the allotteeunleds providing to him a reasonable compensation for the lands sold or lensed. and requested that he render an opinion- * * * whether it is the duty of the Department to see that said provision is enforced, or whether the Secretary is authorised to supervise or control the leasing I of nllotmenta by nnctuhers cli the Cl~ucul\vn nd Chi.-kai~sn ations; nnd ii so, w what extent ant1 in what manner such snprrrision m a y be exereiwJ undrr r r ist i l l~la w? The Assistant Attorney-General, in opinion of September 30, 1903, said: While sales or leases of allotted l&nd without "reasonable compensation" are declared invalid, no jurisdiction is conferred upon the Secretary of the Interior to try the adequacy of compensation, or to interfere with the possession of the allottees' vendees or lessees, but the statute vests in the United States courts "exclusive juris-diction of all controversies gmwing out of titles, ownership, occupation, possession, or use of real estate." I am therefore of opinion that under existing law the Department is without authority to supervise or control the leasing of allotments by members of the Choc-taw and Chickasaw nati011~. Mineral leases by Choctaw and Chickasaw al1ottees.-Novemher 4,1903, the Department requested advice of the Assistant Attorney-General as to whether Choctaw and Chickasaw citizens are authorized to make oil, coal, asphalt, and other mineral lease3 covering their allotted lands, and if YO, for what period such leases might be made. In opinion of January 13, 19'04, whioh was approved by the Department the same day, the Assistant Attorney-General said: It is thua seen that the title obtained by the allottee, aa provided by the later agreement, is a complete one, giving ownership to all mineral deposits therein mn-tained free of any reservation of them to the national use. Such title, however, is subject to limitations upon the power of alienation fixed by the act, and subject to such limitations the power of the owner over the land is complete. No power is anvwhere reserved to the Secretarv of the Interior or Indian O5ce resaectin-a the allottee's exercise of the ordinary rights of ownership, such as alienation or leasing of his arovertv. On the contrarv, the provision in the Atoks. agreement and wt of A - . .. - - 1898, supra, waa left in full force, vesting in the courts "exclusive jurisdiction of all controversies growing out of the titles, ownership, occupation, possession, or use of real estate, coal, and asphalt." The Department hns therefore no jurisdiction over the subject. The opinion of this office wns expressed September 30, 1903 (I. T. D. ffi02), that: "While gales or leases of allotted land without 'reaaonable compensation' are declared invalid., no i.u risdiction is conferred uvon the Secretarv of the Interior to trythe adequacy of the compensation, or to interfere with the possessionof the allot-tees' vendees or lessees: hut the statute vests in the United States courts 'exclusive jurisdiction of all controversies growing out of titles, ownership, occupation, posses-sion, or use of real estate.' " August 28, 1903 (I. T. D. 63W), the opinion of this o5ce was also expressed that the word "incumbrance" is used in these acts "in the meaning of such charge |