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Show 98 REPORT OF OOMMISSIONEB OF INDIAN AFFBIBG. superintendent, and that soon to be received by him from the sale of the " Love tract," could be paid out to the Indians. The proceeds of the first of the notes of Ward and Hutton, the purchasers, had been deposited with the American National Rank of Asheville, N. C., a government depositary, and were secured by bonds on deposit with the United States Treasurer. On November 26, 1907, the office re-ceived a proposal from the bank to accept as a special deposit to the credit of the Indians, the $19,662.50 already held by it as a United States deposit, and the $36,000 which would be due from Ward and Hvitton on December 4, and to pay interest at 5 per cent for ten years. The Indians *ere not willing to have their money tied up for so long a time; but as they realized that there must necessarily be not a little delay in the completion of their census roll, they agreed to place the $55,662.50 on deposit with the bank at the best obtainable rate of interest until the money could be disbursed per capita to the members of the band, the bank to furnish an approved surety bond. On December 9,1907, the bank, through Messrs. A. S. Pratt & Sons, its agents in this city, agreed to accept that amount for deposit and to pay interest at the rate of 5 per cent per annum for such time as the money remained there. This plan was approved by the depart-ment on December 10, and on January 4,1908, A. S. Pratt & Sons sub-mitted a bond for $60,000 executed by the American National Bank of Asheville, N. C., as principal, and the United States Fidelity and Guaranty Company as surety, which runs to the United States for the use and benefit of the Eastern band of Cherokee Indians; it was approved by the department on January 8. On January 15 Superin-tendent Harris was instructed to withdraw the funds and to redeposit them in accordance with the approved plan, and they are now so held awaiting authority for their per capita distribution. On February 6, 1908, Superintendent Harris submitted a deed ac-knowledged February 5, 1908, from the council of the band, con-veying to Minnie C. Bedford for the Bedford & Stevens Lumber Company, the so-called " Thomas 3,200-acre tract," for $20,959. This was one of the tracts embraced in the award made by the arbitrators on October 23, 1874, and included in the deed executed August 14, 1880, by William Johnston and Lucinda Johnston, his wife, and W. L. Hilliard, et al., to the Commissioner of Indian Affairs as trustee for the Eastern band of Cherokee Indians. The description of the cLThomas 3200-acre tract" in this deed did not agree exactly with that in the Johnston deed, as recorded in this office, and pending an inquiry for more definite information as to the location of the land and the necessity for its sale, the office recommended that an expert examination and appraisement of the land by the Forest Service be requested. On May 9, the Secretary of Agriculture forwarded |