Fourteenth. Authorizing the permanent location of an Indian inspector in the Indian Territory, who may, under the authority and direction of the Secretary, perform any duties required by law of the Secretary of the Interior relating to affairs therein.

Fifteenth. The abolition of all tribal courts in the Territory, and prohibition of all officers of said courts, after July 1, 1898, from performing any act theretofore authorized by any law in connection with those courts, and from receiving any pay for same, and directing the transfer of all civil and criminal causes then pending in the tribal courts to the proper United States court in the Territory. By a proviso this provision as to courts is suspended as to the Choctaw, Chickasaw, and Creek nations until October 1, 1898, and by reason of action taken by the Choctaw and Chickasaw tribes, under other provisions of the act (mentioned below more specifically), the clause of the act abolishing tribal courts will not go into effect as to the Choctaw and Chickasaw courts.

Sixteenth. The remainder of the act is devoted to the ratification, with amendments, of the agreement between the Dawes Commission and the Choctaw and Chickasaw nations, dated April 23, 1897, and of the agreement between that commission and the Creek Nation, dated September 27, 1897.

These agreements were ratified in the Curtis Act, with amendments, and are to go into effect if ratified before December 1, 1898, by a vote of the members of the nations, to be had at the next general election called for the purpose, with the proviso that on the ratification of those agreements the general provisions of the act shall apply to those nations only where the same do not conflict with their agreements.

By a vote of the citizens of the Choctaw and Chickasaw nations at a special election held on August 24, 1898, the Choctaw and Chickasaw agreement,* as amended, was ratified, and August 30, 1898, its ratification was proclaimed as follows by the board appointed in accordance with the Curtis Act to canvass and count the vote:

A PROCLAMATION.

Whereas, by section 32 of an act of Congress, entitled "An act for the protection of the people of the Indian Territory, and for other purposes," approved June 28, 1898, it is provided "That the agreement made by the commission to the Five Civil:zed Tribes with commissions representing the Choctaw and Chickasaw tribes of Indians on the 23d day of April, 1897, as herein amended, is hereby ratified and confirmed, and the same shall be of full force and effect if ratified before the 1st day of December, 1898, by a majority of the whole number of votes cast by members of said tribes at an élection held for that purpose." And further, "That the votes cast in both of said tribes or nations shall be forthwith returned, duly certified by the precinct officers, to the national secretaries of said tribes or nations, and shall be presented by said national secretaries to a board of commissioners consisting of the principal chief and national secretary of the Choctaw Nation, the governor and national secretary of the Chickasaw Nation, and a member of the commission to the Five Civilized Tribes, to be designated by the chairman of said commission, and said

*For agreement see page 435.

board shall meet without delay at Atoka, in the Indian Territory, and canvass and count said votes, and make proclamation of the result;" and

Whereas, on the 24th day of August, 1898, such an election was held within said tribes, in compliance with the laws of said tribes and said act of Congress; and such commission, composed of Green McCurtain, principal chief of the Choctaw Nation, and S. J. Homer, national secretary of said nation; and R. M. Harris, governor of the Chickasaw Nation, and L. C. Burris, national secretary of said nation; and T. B. Needles, member of the commission to the Five Civilized Tribes, assembled at Atoka on the 30th day of August, 1898, and then and there proceeded to canvass and count the votes cast at said election, as required by law; and said commission hereby proclaim that there were cast for said agreement 2,164 votes, and against said agreement 1,366, there being a majority of 798 votes for said agreement.

Now, therefore, by virtue of the authority in us vested by said law, we do hereby proclaim said agreement duly ratified by the members of said tribes in accordance with the terms and provisions of said act of Congress.

GREEN MCCURTAIN,

Principal Chief of Choctaw Nation.
SOLOMON J. HOMER,

National Secretary Choctaw Nation.
R. M. HARRIS,

Governor Chickasaw Nation.

L. C. BURRIS,

National Secretary Chickasaw Nation.

T. B. NEEDLES, Commissioner to the Five Tribes.

Done at Atoka, Ind. T., this 30th day of August, A. D. 1898.

This office is not informed that any special election has been called by the executive of the Creek Nation to vote on the ratification of the Creek agreement as amended, and has no knowledge as to what steps, if any, have been taken with a view to obtaining a vote of the Creek citizens on that question.

The agreement with the Choctaw and Chickasaw nations as amended and ratified deals with all the subjects affected by the Curtis Act and makes provision for the settlement of the affairs and interests of the nations in a manner but little differing from the act. The most important differences between the act and agreement are:

First. By the agreement all lands susceptible of allotment are to be appraised and graded, before being allotted, according to values rather than areas. The act makes no provision for appraisal and grading.

Second. Patents are to be issued to the allottees by the principal chief of the Choctaw Nation and the governor of the Chickasaw Nation jointly. Under the act the Secretary of the Interior shall "confirm" the allotments.

Third. Allottees are given the right to alienate certain portions of their allotments after one, three, and five years. Under the act allotments are to be inalienable.

Fourth. Arrangements for the survey, appraisal, and sale of town lots differ only in providing in the agreement for one commission for each nation instead of one for each city or town.

Fifth. In the agreement the coal and asphalt within the limits of the Choctaw and Chickasaw nations are to be leased by two trustees to be

appointed by the President, one on the nomination of the principal chief of the Choctaw Nation and one on the nomination of the governor of the Chickasaw Nation. These leases are to be for thirty years instead of fifteen, as provided by the act. All leases heretofore made by the national agents of the Choctaw and Chickasaw nations are confirmed and all leases with individuals are annulled.

Sixth. The tribal governments of the Choctaw and Chickasaw nations are continued in existence in a modified form for the period of eight years from March 4, 1898.

The agreement with the Creek Nation, which, as stated above, has not yet been ratified, makes substantially the same provision as to allotments, title, town sites, etc., within the Creek Nation as the agreement with the Choctaw and Chickasaw nations.

No regulations have as yet been prescribed under the Curtis act, but a draft of regulations to govern leasing of minerals under section 13 was prepared in this office under informal instructions from the Department and was informally submitted for Department consideration. Neither have regulations under the Choctaw and Chickasaw agreements been prescribed. As Congress did not, before adjournment, provide any appropriation to meet the expense of the execution of the act or of the agreement when ratified, and as the execution of either would entail some considerable expenditures, it is doubtful whether anything can be safely done to that end further than to prepare for prompt action when Congress shall provide the means for the purpose.

While no general regulations have been prescribed, arrangements have been made by the Department for the execution of the provisions of the act requiring immediate attention, viz, those relating to collection of and accounting for the revenues of the tribes. July 21, 1898, the office was instructed by the Department, as a provisional arrangement, that all rents and royalties arising upon such contracts, leases, permits, etc., as were in force at the time of the passage of the act would, until otherwise provided, be collected by the Indian Agent for the Five Tribes on the basis of such contracts, leases, etc., and the proceeds paid into the Treasury of the United States to the credit of the respective tribes, in compliance with the provisions of the act. Agent Wisdom, of the Union Indian Agency, was given directions, July 23, 1898, to carry out this provisional regulation of the Department, and a copy thereof was furnished to each of the executives of the Five Tribes. July 26, 1898, the Department explained that said provisional regulation was intended to cover also any import taxes, per capita assessments, or other charges upon cattle imposed by the laws of the respective tribes, and instructions to that effect were given Agent Wisdom by telegraph July 28, 1898.

By an act approved July 1, 1898, Congress ratified the agreement entered into on December 16, 1897, between the Dawes Commission and the Seminole Nation, which agreement had been previously ratified by that natio This agreement, which will be found on page 00 of this

report, in its general provisions does not differ greatly from the Choctaw and Chickasaw agreement heretofore discussed.

One of its provisions, however, entails upon the Government the duty of making an effort to enlarge the Seminole Reservation, and is as follows, viz:

It being known that the Seminole Reservation is insufficient for allotments for the use of the Seminole people upon which they, as citizens holding in severalty, may reasonably and adequately maintain their families, the United States will make effort to purchase from the Creek Nation, at $1.25 per acre, 200,000 acres of land immediately adjoining the eastern boundary of the Seminole Reservation and lying between the North Fork and South Fork of the Canadian River, in trust for and to be conveyed by proper patent by the United States to the Seminole Indians upon said sum of $1.25 per acre being reimbursed to the United States by said Seminole Indians, the same to be allotted as herein provided for lands now owned by the Seminoles.

No provision has been made by law for the opening of negotiations with the Creek Nation for the purpose, but it is thought that the Dawes Commission, now engaged in the exercise of their duties in the Indian Territory, will have the authority under their general powers to make an agreement with the Creek Nation for a cession of a part of their lands on the west, to be added to the Seminole Reservation.

INTRUDERS IN THE INDIAN TERRITORY.

In my last annual report a full statement was given of the status to date of intruders in the Five Civilized Tribes. Since then, although nothing directly has been done in the matter, the entire situation has been changed.

A provision of the Indian appropriation act of July 1, 1898, has an important bearing on the intruder question in that it authorizes appeals in all citizenship cases from the courts in the Indian Territory direct to the Supreme Court of the United States. Under this provision, as before remarked, the vexed question of citizenship, which more than anything else has complicated the intruder question, will be finally determined by the courts. Moreover, the extensive and radical modifications of tribal government and ownership in the Five Civilized Tribes, caused by the Curtis Act, as set forth above, will probably so dispose of the intruder question as to obviate the necessity for any removal of intruders being made.

SALE OF PEORIA AND MIAMI LANDS, INDIAN TERRITORY.

The Indian appropriation act approved June 7, 1897 (30 Stats. p. 72), provides

That the adult allottees of land in the Peoria and Miami Reservation in the Quapaw Agency, Indian Territory, who have each received allotments of two hundred acres or more may sell one hundred acres thereof, under such rules and regulations as the Secretary of the Interior may prescribe.

The prescribed rules were adopted July 10, 1897, and the first approval of such conveyances was made October 5, 1897. There have been approved by the Department up to August 5, 1898, thirty-two conveyances of land by the Peoria Indians, amounting to 2,684.57 acres, at a valuation of $27,653.90, an average of $10.30 per acre, and sixteen conveyances by the Miami Indians, amounting to 1,411.05 acres, at a valuation of $12,505, an average of $8.86 per acre, making in the aggregate a sale of 4,095.62 acres of land for $40,108.90, an average of $9.79 per

acre.

TITLE TO LAND PURCHASED BY THE SAC AND FOX INDIANS IN IOWA.

Since 1857 the Sac and Fox Indians have purchased at various times with their own funds sundry tracts of land in Iowa, trust deeds for which were made, some in the name of the governor of the State and some in the name of the Indian agent; a few deeds were made in trust for certain named Indians which were undoubtedly intended for the tribe.

In settling the status of these Indians the question of jurisdiction over their lands has arisen, and, in order to secure a just recognition of their rights, the legislature of the State of Iowa, in January, 1896, ceded to the Federal Government jurisdiction over the Iowa Indians and their lands. The United States Indian agent for the Sac and Fox Agency, Iowa, and the governor of the State of Iowa, were thereby authorized to transfer by deed of conveyance, for the use and benefit of said Indians, the legal title held by them in trust, respectively, and the trusteeship of the lands of the Sac and Fox Indians of Tama County, Iowa, to the Secretary of the Interior and his successors in office.

By the Indian appropriation act approved June 10, 1896 (29 Stats., p. 331), the United States "accepts and assumes jurisdiction over the Sac and Fox Indians of Tama County, in the State of Iowa, and of their lands in said State, as tendered to the United States by the act of the legislature of said State, passed on the 16th day of January, 1896, subject to the limitations therein contained."

The records of this office showed that the following sixteen tracts of land were held by these Indians, viz:

1. Deed, dated November 13, 1876, from Lewis Carmichael to the governor of Iowa, in trust for the use and benefit of the Sac and Fox Indians of Iowa, the E. of the SW. of sec. 29, T. 83 N., R. 15 W., except the right of way of railroad and Tama Hydraulic Company; also the west 24 acres of the NW. of the NW. of sec. 32, T. 83 N., R. 15 W., Iowa, containing in all 144 acres, more or less; consideration, $2,600.

2. Deed, dated November 11, 1876, from Andrew Jackson and Catherine, his wife, to the governor of Iowa, in trust, etc., the SE. of the SW. of sec. 30, T. 83 N., R. 15 W.; consideration, $800.

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