Page:United States Statutes at Large Volume 30.djvu/545

506 FIFTY-FIFTH CONGRESS. Sess. II. C1!. 517. 1898. fair and equal share thereof, considering the character and fertility of the soil and the location and value of the lands. R,,,,,,,,,,,,,,,, from That all the lands set apart for town sites, and the strip of land lying •\l¤¤¤¤¤*· between the city of Fort Smith, Arkansas, and the Arkansas and Poteau rivers, extending up said river to the mouth of Mill Creek; and six hundred and forty acres each, to include the buildings now occupied by the Jones Academy, Tushkahoma Female Seminary, Wheelock Orphan Seminary, and Armstrong Orphan Academy, and ten acres for the capitol building of the Choctaw Nation; one hundred and sixty acres each, immediately contiguous to and including the buildings known as Bloomfield Academy, Lebanon Orphan Home, Harleylnstitute, Rock Academy, and Collins Institute, and live acres for the capitol building in the Chickasaw Nation, and the use of one acre of land for each church house now erected outside of the towns, and eighty acres of land each for J. S. Murrow, H. R. Schermerhorn, and the widow of R. S. Bell, who have been laboring as missionaries in the Choctaw and Chickasaw nations since the year eighteen hundred and sixty-six, with the same conditions and limitations as apply to lands allotted to the members of the Choctaw and Chickasaw nations, and to be located on lands not occupied by a Choctaw or a Chickasaw, and a reasonable amount of land, to be determined by the town-site commission, to include all court-houses and jails and other public buildings not hereinbefore provided for, shall be ex- ..e·»¤1 mm asphalt ¤··>- empted from division. And all coal and asphalt in or under the lands ““`°d‘ allotted and reserved from allotment shall be reserved for the sole use of the members of the Choctaw and Chickasaw tribes, exclusive of freedrms.-.». men: Provided, That where any coal or asphalt is hereafter opened on ,0}"}{,‘;‘j,‘feQ°(,’§,l;';‘§f;’ land allotted, sold, or reserved, the value of the use of the necessary surmi¤i¤g¤p€r¤ti·>¤¤.¤¢¤- face for prospecting or mining, and the damage done to the other land and improvements, shall be ascertained under the direction of the Secretary of the Interior and paid to the allottee or owner of the land by G_r=;¤i;eg d=;¤•i ev the lessee or party operating the same, before operations begin. That P"`"' ° Z"`in order to such equal division, the lands of the Choctaws and Chickasaws shall be graded and appraised so as to give to each member, so Chickasaw new- far as possible, an equal value of the land: Pro·vidcd further, That the }‘:‘Q.·,{{jf{,,{’;;,_‘““""" Commission to the Five Civilized Tribes shall make a correct roll of v01. 14, p. res. Chickasaw freedmen entitled to any rights or benefits under the treaty made in eighteen hundred and sixty-six between the United States and the Choctaw and Chickasaw tribes and their descendants born to them since the date of said treaty, and forty acres of land, including their present residences and improvements, shall be allotted to each, to be selected, held, and used by them until their rights under said treaty shall be determined, in such manner as shall hereafter be provided by act of Congress. A1}··m·¤j,e¢·> l'j:····l* That the lands allotted to the Choctaw and Chickasaw freedmen are ""“"" "` """` " to be deducted from the portion to be allotted under this agreement to the members of the Choctaw and Chickasaw tribe so as to reduce the allotment to the Choctaws and Chickasaws by the value of the same. That the said Choctaw and Chickasaw freedmen who may be cutitled to allotments of forty acres each shall be entitled each to land equal in value to forty acres of the average land of the two nations. r¤·¤m_¤·-» »·· m·_···-i··-··- That in the appraisement of the lands to be allotted the Choctaw and “'"‘“" '" """""’"" Chickasaw tribes shall each have a representative, to be appointed by their respective executives, to cooperate with the commission to the Five Civilized Tribes, or any one making appraisements und er the direc tion of the Secretary of the Interior in grading and appraising the lands preparatory to allotment. And the land shall be valued in the appraisement as if in its original condition, excluding the improvements thereon. -s,~.»m¤.¤»,·~r the in- That the appraisement and allotment shall be made under the direc- '”""”""“’““*· tion of the Secretary of the Interior, and shall begin as soon as the progress of the surveys, now being made by the United States Government, will admit.