Act June 21, 1906 – Choctaw and Seminole

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Choctaws

(Treaty.)

For permanent annuity, per second article of treaty of November sixteenth, eighteen hundred and five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three thousand dollars;

For permanent annuity for support of light horsemen, per thirteenth article of treaty of October eighteenth, eighteen hundred and twenty, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;

For permanent annuity for support of blacksmith, per sixth article of treaty of October eighteenth, eighteen hundred and twenty, ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;

For permanent annuity for education, per second and thirteenth articles of last two treaties named above, six thousand dollars;

For permanent annuity for iron and steel, per ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three hundred and twenty dollars;

For interest on three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, at five per centum per annum, for education, support of the government, and other beneficial purposes, .under the direction of the general council of the Choctaws, in conformity with the provisions contained in the ninth and thirteenth articles of treaty of January twentieth, eighteen hundred and twenty-five, and treaty of June twenty-second, eighteen hundred and fifty-five, nineteen thousand five hundred and twelve dollars and eighty-nine cents ;

In all, thirty thousand and thirty-two dollars and eighty-nine cents.

And provided, The Secretary of the Interior is hereby authorized in case after investigation he deems it for the best interest of the tribe to set aside six hundred and forty acres of Choctaw land for the benefit of Old Goodland Indian Orphan Industrial School, and to convey the same to said school in conjunction with the executive of the Choctaw tribe.

That section two of the Act entitled “An Act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes,” approved April twenty-sixth, nineteen hundred and six, be, and the same is hereby, amended by striking out thereof the words “Provided further, That nothing herein shall be construed so as to hereafter permit any person to file an application for enrollment in any tribe where the date for filing application has been fixed by agreement between said tribe and the United States: Provided further, That nothing herein shall apply to the intermarried whites in the Cherokee Nation whose cases are now pending in the Supreme Court of the United States.” And insert in said Act in lieu of the matter repealed, the following: Provided further, That nothing herein shall be construed so as hereafter to permit any person to file an application for enrollment or to be entitled to enrollment in any of said tribes, except for minors the children of Indians by blood, or of freedmen members of said tribes, or of Mississippi Choctaws identified under the fourteenth article of the treaty of eighteen hundred and thirty, as herein otherwise provided, and the fact that the name of a person appears on the tribal roll of any of said tribes shall not be construed to be an application for enrollment.

That section fifteen of the Act entitled “An Act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes approved April twenty-sixth, nineteen hundred and six, be, and the same is hereby, amended by inserting after the word “conveyances,” at the end of said section, the following: “Provided, That this section shall not take effect until the date of the dissolution of the tribal governments of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes.”

That, in addition to the places now provided by law for holding courts in the central judicial district of Indian Territory, terms of the district court of the central district shall hereafter be held at the town of Wilburton, and the United States judge of said central district is hereby authorized to establish by metes and bounds a recording district for said court to be known as recording district numbered thirty. That all laws regulating the holding of courts in the Indian Territory shall be applicable to the court hereby created at the town of Wilburton.

That there is hereby created in the Cherokee Nation, Indian Territory, an additional recording district, to be known as district numbered twenty-seven. Said district shall be bounded as follows: Beginning at the northwest corner of the Cherokee Nation, thence east along the north boundary line of the Cherokee Nation to the northeast corner of section seventeen, in township twenty-nine north, of range fourteen east; thence south to the township line at the corner of section thirty-two ; thence west along said township line to the northeast corner of section four, in township twenty-eight north, of range four teen east; thence south with the section line to the township line between town ships twenty-three and twenty-four ; thence west to the dividing line between the Osage and Cherokee nations ; thence north along said dividing line between the Osage and Cherokee nations to the place of beginning.

That not less than two terms of court in each year shall be held at the town of Bartlesville, in said recording district numbered twenty-seven, arid a United States commissioner s court shall be established in said recording district numbered twenty-seven and maintain an office at Bartlesville, in said district, and an Act of Congress entitled “An Act providing for the recording of deeds and other conveyances and instruments in writing in Indian Territory and for other purposes,” approved February nineteenth, nineteen hundred and three, shall have the same force and effect in said district numbered twenty-seven as it has in the districts created by said Act approved February nineteenth, nineteen hundred and three.

That there is hereby created in Indian Territory an additional recording district, to be known as recording district numbered twenty-eight. Said district shall be bounded as follows: Beginning at the southwest corner of the Cherokee Nation ; thence north along the western boundary line of the Cherokee Nation to the township line between townships twenty-three and twenty-four north; thence east along the township line between townships twenty-three and twenty-four north to the range line between ranges fourteen and fifteen east ; thence south along the range line between ranges fourteen and fifteen east to the town ship line between townships sixteen and seventeen north ; thence west along the township line between townships sixteen and seventeen north to the range line between ranges twelve and thirteen east; thence north along the range line between ranges twelve and thirteen east to the township line between townships eighteen and nineteen north ; thence west along the township line between town ships eighteen and nineteen north to the range line between ranges ten and eleven east: thence north along said range line to the Arkansas River; thence northwest up said river to a point where it crosses the north line of the Creek Nation ; thence east along the north line of the Creek Nation to the place of beginning.

That the judge of the western judicial district of Indian Territory shall hold not less than three terms of court in each year at the town of Tulsa, in said recording district numbered twenty-eight ; and a United States commissioner s court shall be established and maintained in said recording district numbered twenty-eight, which commissioner shall maintain his office at Tulsa, in said district, and an Act of Congress entitled “An Act providing for the recording of deeds and other conveyances and instruments in writing in Indian Territory, and for other purposes,” approved February nineteenth, nineteen hundred and three, shall have the same force and effect in said recording district numbered twenty-eight as it has in the districts created by the said Act approved February nineteenth, nineteen hundred and three.

That all that portion of territory included in said recording district numbered twenty-eight, as herein defined, lying within the boundaries of the Cherokee Nation, and being now a part of the northern judicial district of Indian Territory, shall become, and the same is hereby, attached to and made a part of the western judicial district of Indian Territory; and all of the power, authority, and jurisdiction of the United States court of the western judicial district of Indian Territory and of the judges and marshals thereof are hereby extended to and put in force over all the territory included within the boundaries of said twenty-eighth recording district as herein defined and established.

That in addition to the places now provided by law for holding courts in the southern judicial district of Indian Territory courts shall be held in the town of Duncan, and all laws regulating the holding of the courts in the Indian Territory shall be applicable to the said court hereby created in the said town of Duncan.

That the territory next hereinafter described shall be known as recording district numbered twenty-nine, beginning at a point where township line between townships two and three north reaches the east boundary line of Oklahoma Territory ; thence east on said township line twenty-four miles to where it intersects with range line three and four west ; thence south on said range line twelve miles to where it intersects the base line between townships one north and one south; thence east along said base line six miles to the range line between ranges two and three west; thence south twelve miles along said range line to the township line between townships two and three south; thence west thirty miles along said township line to where it intersects with the east line of Oklahoma Territory; thence north along said line twenty-four miles to the place of beginning; and the place of recording and holding court in said district shall be Duncan.

That the Court of Claims is hereby authorized to hear and adjudicate the claim of Joseph I. T. Fish, an Indian of nonage, born January twenty-first, eighteen hundred and ninety-five, on the Qua paw Reservation, son of Leander J. Fish, a Shawnee by birth, who was duly enrolled on the Quapaw Agency rolls and an allottee of lands therein, to be enrolled and participate in the allotment of lands of the Shawnee-Cherokee Indians, and to have full jurisdiction to hear, try, and determine the claims of said minor child to enrollment, the judgment of said court to be certified to the Secretary of the Interior; and, if the court shall determine that the said minor child is entitled to enrollment with said tribe, the Secretary of the Interior shall cause his name to be so enrolled and lands allotted as to other minor children in said tribe.

Seminoles

(Treaty.)

For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity, per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars ;

For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity (they having joined their brethren West), per eighth article of treaty of August seventh, eighteen hundred and fifty-six ; twelve thousand five hundred dollars ;

For interest on fifty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of schools, as per third article of treaty of March twenty-first, eighteen hundred and sixty-six, two thousand five hundred dollars ;

For interest on twenty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of the Seminole government, as per same article, same treaty, one thousand dollars ;

In all, twenty-eight thousand five hundred dollars.

That the Secretary of the Interior is hereby authorized and directed to pay, out of any money in the Treasury belonging to the Creek Nation, to C. W. Turner, of Muskogee, Indian Territory, Creek warrant numbered twenty-six hundred and seventy-one, drawn on the Creek treasurer on March twelfth, eighteen hundred and ninety -eight, for one thousand dollars, and now unpaid, which said warrant was drawn under an appropriation act of the Creek council, was presented to the Creek treasurer for payment, and is yet unpaid: Provided, That before any payment is made to said Turner he shall prove, to the satisfaction of the Secretary of the Interior, that he is an innocent holder of said warrant and was a purchaser of the same in good faith.

That the Secretary of the Interior is hereby authorized and directed to pay, out of any money in the Treasury of the United States belonging to the Chickasaw Nation, the amount due the State National Bank of Denison, Texas, upon a note given by the governor and treasurer of the Chickasaw Nation, under an Act entitled “An Act authorizing and requesting the governor and treasurer of the Chickasaw Nation to borrow the sum of twenty-six thousand one hundred and ninety-five dollars and thirty-five cents to pay the expenses of the present session of the legislature, exclusive of the four dollars per day allowed by law for the expenses of the members and officers of the present session of the legislature,” approved by the governor of the Chickasaw Nation on December twentieth, nineteen hundred and five.

That no person who has been, now is or may hereafter be an employee of the Government under the Commission to the Five Civilized Tribes, or its successor, shall be permitted to practice in any manner as an agent or attorney before the Commissioner to the Five Civilized Tribes within two years after said person shall cease to be an employee of the Government.

That the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to continue the publication of the Cherokee Advocate, at Tahlequah, Indian Territory, until June thirtieth, nineteen hundred and seven, and to pay the expense of the same out of the tribal funds of the Cherokee Nation.

That the Court of Claims is hereby authorized and directed to hear and adjudicate the claims against the Choctaw Nation of the heirs of Peter P. Pitchlynn, deceased, and to render judgment thereon in such amounts, if any, as may appear to be equitably due. Said judgment, if any, in favor of the heirs of Pitchlynn, shall be paid out of any funds in the Treasury of the United States belonging to the Choctaw Nation, said judgment to be rendered on the principle of quantum meruit for services rendered and expenses incurred. Notice of said suit shall be served on the governor of the Choctaw Nation, and the Attorney-General of the United States shall appear and defend in said suit on behalf of said nation.

That to enable the Red River Bridge Company, of Denison, Texas, to acquire land necessary to the proper conduct and operation of its property, Wyatt S. Hawkins, an intermarried citizen of the Chickasaw Nation, is hereby authorized to sell and convey the whole or any part of the homestead allotted to him as such intermarried citizen, and all restriction on the alienation of such home stead imposed by any existing law is hereby removed.

That all restrictions as to the sale, incumbrance, or taxation of the lands here to fore allotted to William P. Ross, of Tahlequah, Maud W. Ross, Edward G. Ross, Mrs. Josephine Rider, William P. Ross of Bartlesville, Nevermore Trainer, Annie C. Bennett, Nathan F. Adams, Annie Potts, and Sam Spade, Famous Dew numbered twenty-eight thousand five hundred, Alexander Procter numbered twenty-eight thousand three hundred and thirty-two, Lizzie Sunday numbered fifteen hundred and twenty-two, Sarah Ooyusuttah numbered twenty thousand three hundred and ninety-nine, Betsy Galcatcher numbered fifteen thousand two hundred and eleven, George W. Bark numbered eighteen thousand five hundred and sixty-five, Nellie Hicks numbered sixty-one hundred and seventy-nine, Charley Ellis numbered twenty-nine thousand five hundred and twenty-five, Till-man England numbered eighteen thousand and three, Taylor Soldier numbered sixty-three hundred and fifteen, Carry Downing numbered eighteen thousand one hundred and sixty-eight, Tyler Tilden numbered sixty-four hundred and forty-one, Lewis Dragger numbered twenty-seven thousand four hundred and seven, Joshua Young numbered sixty-two hundred and ninety-one, all citizens of the Cherokee Nation, Indian Territory, and duly enrolled as such, be, and the same are hereby, removed.

That the restrictions upon the alienation of the homestead of Benjamin Marshall, a Creek Indian, it being the southeast quarter of the southwest quarter of section twenty-eight, township sixteen north, and range seventeen east of the Indian base meridian, in Indian Territory, containing forty acres, be, and the same are hereby, removed. That all restrictions upon the sale of the northeast quarter of the southwest quarter of section fifteen, township ten, range eleven east, in the Creek Nation, the homestead of Martha Lowe, be and hereby are removed: Provided, That the same be sold under direction of the Secretary of the Interior and upon condition that the said Secretary shall retain the proceeds of such sale and disburse the same in such amounts and at such times as he deems advisable. That all restrictions upon the alienation of the west half of the southeast quarter of the southeast quarter and the southeast quarter of the southeast quarter of the southeast quarter of section twelve, township seven, north of range eight, formerly owned by Manda Proctor, deceased Creek Indian, are hereby removed. That all restrictions upon the alienation or leasing of lands held by Sallie Carey, Bell Leverett (nee Murrell), Maria Williams (nee Jamison), Andrew Wiley and Susie Wiley, mixed blood Creek Indians, and William N. Taliaferro and Mary Estella Taliaferro (his wife), Choctaw allottees, in the Indian Territory, be and the same are hereby removed. That all restriction upon the alienation, leasing, or incumbrance as to the homestead of Nocos Fixico, in the Creek Nation, Indian Territory, be and are hereby removed.

That the restrictions upon the alienation of the homestead of John A. Jacobs, a Creek Indian, it being the southwest quarter of the southwest quarter of section eighteen, township seven north, and range nine east of the Indian base meridian, in Indian Territory, containing forty acres, be, and the same are hereby, removed.

That the Secretary of the Interior is hereby authorized and directed to make practical and exhaustive investigation of the character, extent and value of the coal deposits in and under the segregated coal lands of the Choctaw and Chickasaw nations, Indian Territory ; and the expense thereof, not exceeding the sum of fifty thousand dollars, shall be paid out of the funds of the Choctaw and Chickasaw nations in the Treasury of the United States:

Provided, That any and all information obtained under the provisions of this Act shall be available at all times for the use of the Congress and its committees.

For the care and support of insane persons in Indian Territory, to be expended under the direction of the Secretary of the Interior, fifty thousand dollars, or so much thereof as may be necessary : Provided, however, That Indian citizens in said Territory shall be cared for at the asylum in Canton, Lincoln County, South Dakota.

That for the purpose of allowing any Indian allottee to sell for town-site purposes any portion of the lands allotted to him the Secretary of the Interior may, by order, remove restrictions upon the alienation of such lands and issue fee-simple patents therefor under such rules and regulations as he may prescribe.

That upon the recommendation of the Commissioner to the Five Civilized Tribes and with the approval of the Secretary of the Interior any allottee in the Indian Territory may be permitted to survey and plat at his own expense for town-site purposes his allotment when the same is located along the line of any railroad where stations are located.

Approved, June 21, 1900.



MLA Source Citation:

United States. Commission to the Five Civilized Tribes. Laws, Decisions and Regulations Affecting the work of the Commissioners to Five Civilized Tribes, 1893-1906. Washington: Government Printing Office, 1906. AccessGenealogy.com. Web. 25 July 2014. http://www.accessgenealogy.com/native/act-june-21-1906-choctaw-and-seminole.htm - Last updated on Mar 28th, 2013


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