Page:United States Statutes at Large Volume 30.djvu/538

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 517. 1898. 499 made shall become null and void, and the royalties paid in advance shall then become and be the money and property of the tribe. Where any oil, 0 Q;¤;¤s:)e]·;¤ M mjglius coal, asphalt, or other mineral is hereafter opened on land allotted, sold, rftuisjetc. °° °° or reserved, the value of the use of the necessary surface 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 the lessee or party _ operating the same, before operations begin: brovidcd, That nothing f_’g:;§;’j;d mmm herein contained shall impair the rights of any holder or owner of a inmiuermssucuousu leasehold interest in any oil, coal rights, asphalt, or mineral which have B§,,§f“g""““ ‘“‘i“" been assented to by act of Congress, but all such interest shall continue nnimpaired hereby, and shall be assured to such holders or owners by leases from the Secretary of the Interior for the term not exceeding nfteen years, but subject to payment of advance royalties as herein ;,‘j‘;{,,f"°° '°¥“‘“°' provided, when such leases are not operated, to the rate of royalty on ~ coal mined, and the rules and regulations to be prescribed by the Secretary of the Interior, and preference shall be given to such parties in renewals of uch leases: And provided further, That when, under the i Pmfmnqeiumimcustoms and laws heretofore existing and prevailing in the Indian Ter- ,',§§,{§,,P"'°‘°" i" P"' ritory, leases have been made of different groups or parcels of oil, coal, asphalt, or other mineral deposits, and possession has been taken thereunder and improvements made for the development of such oil, coal, asphalt, or other mineral deposits, by lessees or their assigns, which have resulted in the production of oil, coal, asphalt, or other mineral in commercial quantities by such lessees or their assigns, then such parties in possession shall be given preference in the making of new leases, in compliance with the directions of the Secretary of the Interior; and in making new leases due consideration shall be made for the —¤·¤>w¤¤<=¤ for imimprovements of such lessees, and in all cases of the leasing or renewal *"°"°"‘°“°‘ of leases of oil, coal, asphalt, and other mineral deposits preference shall be given to parties in possession who have made improvements. The rate of royalty to be paid by all lessees shall be ilxed by the H Rami ¤>y¤1¢yJ=¤>w Secretary of the Interior. ‘ °°° ' Sec. 14. That the inhabitants of any city or town in said Territory mQ:;**P°***i°¤ °‘ having two hundred or more residents therein may proceed, by petition pai pp. sos, 514. to the United States court in the district in which such city or town is located, to have the same incorporated as provided in chapter twenty- nine of Mansfield’s Digest of the Statutes of Arkansas, if not already incorporated thereunder; and the clerk of said court shall record all papers and perform all the acts required of the recorder of the county, or the clerk of the county court, or the secretary of state, necessary tor the incorporation of any city or town, as provided in Manstield’s Digest, and such city or town government, when so authorized and organized, shall possess all the powers and exercise all the rights of similar municipalities in said State of Arkansas. All male inhabitants Q¤¤M•·1 v·>¤¤r¤ of such cities and towns over the age of twenty-one years, who are citizens of the United States or of either of said tribes, who have resided therein more than six months next before any election held under this Act, shall be qualiiied voters at such election. That mayors rtwm trmyms of such cities and towns, in addition to their other powers, shall have the same jurisdiction in all civil and criminal cases arising within the corporate limits of such cities and towns as, and coextensive with, United States commissioners in the Indian Territory, and may charge, collect, and retain the same fees as such commissioners now collect and account for to the United States; and the marshal or other executive Mmm officer of such city or town may execute all processes issued in the exercise of the jurisdiction hereby conferred, and charge and collect the same fees for similar services, as are allowed to constables under the laws now in force in said Territory. All elections shall be conducted under the provisions of chapter fifty· ¤·¤¤··¤·· I-·>* •¤¤- six of said digest, entitled ·‘ Elections/’ so far as the same may be appli- °°°m cable; and all inhabitants of such cities and towns, without regard to I Fq¤;·1risM¤.¤¢¤¤1- race, shall be subject to all laws and ordinances of such city or town °°°° "`°°'