INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY–FIRST CONGRESS—FIRST SESSION, 1890.
CHAP. 35 | CHAP. 39 | CHAP. 55 | CHAP. 182 | CHAP. 198 | CHAP. 199 | CHAP. 391 | CHAP. 418 | CHAP. 419 | CHAP. 479 | CHAP. 633 | CHAP. 638 | CHAP. 714 | CHAP. 803 | CHAP. 947 | CHAP. 1127 | CHAP. 1132 | CHAP. 1248 | CHAP. 1249 | CHAP. 1252 | CHAP. 1271 | CHAP. 1272 | CHAP. 1273 | CHAP. 1274 | CHAP. 1275 | CHAP. 1277 | CHAP. 1278

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Chapter 1252
Sections 2 | 3

Margin Notes
Chap. 1252 Choctaw Nation. Ratification of coal mining leases to Choctaw Coal and Railway Company.
    See note to 1898, c. 517, post, p 656.
Chap. 1252 Leases
Chap. 1252 Conditions.
Chap. 1252 Limit of area.
Chap. 1252 Period.
Chap. 1252 Report of coal mined, royalties, etc.
Chap. 1252 Restriction of prices for sales.
Chap. 1252 All obligations of lessees to be performed.
Chap. 1252 Rights restricted to mining, etc.
Sec. 2 Rights of Chickasaw, etc., not impaired.
Sec. 3 Violation of conditions to forfeit consent.

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Chapter 1252
    Oct. 1, 1890. | 26 Stat., 640.
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An act giving, upon conditions and limitations therein contained, the assent of the United States to certain leases of rights to mine coal in the Choctaw Nation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the United States is hereby given, upon the conditions and with the limitations hereinafter set forth, and no farther, to the following-described leases of coal rights, which citizens of the Choctaw Nation have made to the Choctaw Coal and Railway Company, a corporation created by

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the laws of the State of Minnesota, copies of which leases, eleven in number, have been filed and deposited with the Secretary of the Interior namely:

First. A lease bearing date the twentieth day of May, eighteen hundred and eighty-nine, between James F. Freeney and John M. Grady, citizens of the Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in the clerk's office of Gaines County, Choctaw Nation, June third, eighteen hundred and eighty-nine, in record-book numbered one, pages two hundred and six and two hundred and fourteen, inclusive.

Second. A lease bearing date the first day of August eighteen hundred and eighty-nine, between Jonas Durant, John M. Grady, James F. Freeney, G. M. Bond, Fritz Sittel, and Robert J. Ward, citizens of Tobucksey and Gaines Counties, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in record-book numbered     , pages twenty-nine, thirty, thirty-one, thirty-two, thirty-three, and thirty-four, inclusive, of the records of Gaines County, Choctaw Nation, on the eighteenth day of August, eighteen hundred and eighty-nine.

Third. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between Mrs. John Adams, John M. Grady, James F. Freeney, G. M. Bond., Fritz Sittel, and Robert J. Ward, citizens of Tobucksey and Gaines Counties, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company. Recorded in record-book numbered B, pages twenty-four, twenty-five, twenty-six, twenty-seven, and twenty-eight, inclusive, of the records of Gaines County, Choctaw Nation, on the nineteenth day of August, eighteen hundred and eighty-nine.

Fourth. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between Moses Williams, John M. Grady, James F. Freeney, G. M. Bond, Fritz Sittel, and Robert J. Ward, citizens of Tobucksey and Gaines Counties, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in record-book numbered B, pages eighteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three, inclusive, of the records of Gaines County, Choctaw Nation, Indian Territory on the nineteenth day of August, anno Domini eighteen hundred and eighty-nine.

Fifth. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between Ahotubbee, Ishilatubbee, John M. Grady, James P. Freeney, G. M. Bond, Fritz Sittel, and Robert J. Ward, citizens of Tobucksey and Gaines Counties, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in record-book B, pages twelve, thirteen, fourteen, fifteen, sixteen, and seventeen, inclusive, of the records of Gaines County, on the nineteenth day of August, eighteen hundred and eighty-nine.

Sixth. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between Ahotubbee, John M. Grady, James F. Freeney, G. M. Bond, Fritz Sittel, and Robert J. Ward, citizens of Tobucksey and Gaines Counties, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in record-book numbered B, on pages eighteen, nineteen, twenty, twenty-one, twenty-two, and twenty-three, inclusive, of the records of Gaines County, Choctaw Nation, on the eighteenth day of August, eighteen hundred and eighty-nine.

Seventh. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between John M. Grady, James F. Freeney, G. M. Bond, Fritz Sittel, and Robert J. Ward, citizens of

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Tobucksey and Gaines Counties, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in record-book numbered B, on pages one, two, three, four, five, inclusive, of the records of Gaines County, Choctaw Nation, on the nineteenth day of August, eighteen hundred and eighty-nine.

Eighth. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between James Arnature, John M. Grady, as guardian of Henry Freeney, a minor, Josiah Gardner, G. M. Bond, and James J. McAlister, by his attorney in fact Josiah Gardner, all citizens of the Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in record-book numbered B, pages seventy-two to seventy-six, inclusive, of the records of Tobucksey County, Choctaw Nation, on the seventh day of August, eighteen hundred and eighty-nine.

Ninth. A lease bearing date the tenth day of June, eighteen hundred and eighty-nine, between Fritz Sittel, a citizen of Tobucksey County, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company, of the other part. Recorded in book B, on pages numbered one hundred and six, one hundred and seven, one hundred and eight, one hundred and nine, one hundred and ten, one hundred and eleven, inclusive, of the records of Tobucksey County, Choctaw Nation, on the twentieth day of October, eighteen hundred and eighty-nine.

Tenth. A lease bearing date the tenth day of June, eighteen hundred and eighty-nine, between W. B. Pitchlyn and Fritz Sittel, citizens of Tobucksey County, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company. Recorded on record-book numbered B, on pages ninety-nine, one hundred, one hundred and one, one hundred and two, inclusive, of the records of Tobacksey County, Choctaw Nation, on the nineteenth day of October, eighteen hundred and eighty-nine.

Eleventh. A lease bearing date the first day of August, eighteen hundred and eighty-nine, between Simon James, Robert James, James F. Freeney, John M. Grady, G. M. Bond, Fritz Sittel, and R. J. Ward, citizens of Tobucksey and Gaines County, Choctaw Nation, Indian Territory, of the one part, and the Choctaw Coal and Railway Company of the other part. Recorded in record-book numbered B, on pages one hundred and two, one hundred and three, one hundred and four, one hundred and five, inclusive, of the records of Tobucksey County, Choctaw Nation, on the nineteenth day of October, eighteen hundred and eighty-nine.

The conditions and limitations upon which, and the extent to which, said consent is given are as follows:

First. That neither the lessees, nor any one under them, shall exercise any rights of any kind under or by virtue of any of said leases over, in, or upon an area beyond or outside of one square mile.

Second. That no one of said leases shall continue in force for a longer period than thirty years from the passage of this act.

Third. That the lessees, or those holding under them, shall, during the first week of each month, render to the Secretary of the Interior a statement under the oath of its president, or at least one of any joint owners under said lessee, showing the amount of coal taken from the mines covered by said leases as herein prescribed, for the month preceding, and the royalties paid to the said Choctaw Nation, and the individual citizens holding said rights, and the price per ton the same has been sold by those having the right to mine the same under the said leases.

Fourth. That no higher rate per ton than the average rate per ton for which such coal has for the next six months next preceding the

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first day of September, eighteen hundred and ninety, been sold by said lessees, or those holding under them, shall, during said thirty years, be exacted of any purchaser, except upon the written permission of the Secretary of the Interior.

Fifth. That all the obligations of said leases, except as the Same may be herein modified or limited, shall be faithfully preserved and performed by said lessees, or those holding under them, and that no right shall be claimed or exercised in the lands covered by said leases or the surface thereof, except such as shall be proper and necessary for the profitable development and working of the mines therein, and ingress and egress to and from the same, and for the erection and maintenance of necessary and proper machinery for said purposes.

SEC. 2

That the consent hereby given shall in no way impair or affect the rights which any person or persons, or the Chickasaw Nation of Indians, may have had before the passage of this act in and to the subject-matter of said leases. And nothing in this act contained shall be construed as validating, impairing, or in any way, affecting the right of the lessors to make the same, or the authority under or by virtue of which they have been executed or any other lease or leases already or hereafter made.

SEC. 3

That any violation of, or failure to conform to, any of the conditions or limitations herein set forth on the part of said lessees, or those holding under them, shall be taken and deemed to be a forfeiture and revocation of the consent herein given without further action on the part of the United States.

Approved, October 1, 1890.


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