Page:United States Statutes at Large Volume 31.djvu/903

 FIFTY-SIXTH CONGRESS. Sess. H. Ch. 675. 1901. 851 Nothing in this agreement shall in any manner impair the rights of ,m`*;,§*¤,,§g§ ’*¤*‘°* “°‘ either party to said contract as the same may be iina ly determined by the court, or shall interfere with the holdings of the Delaw ares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, untii their rights under said contract are determined by the courts in their suit now pending against the Cherokees. TOWD. SNES. 15. All towns in the Cherokee Nation having a present population veP¤¤v§¤§>s¤{3tj:¤r ¤¤¤‘— of two hundred or more shall be surveyed, laid out, and appraised y°’ P ’ ° under the provisions of an Act of Congress entitled “An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipu ations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes," aplproved Mag thirty-first, nineteen hundred, Ante, p_ m which said provisions are as ollows: " hat the Secretary of theInterior is hereby authorized, under rules and re ulations to be prescribed by him, to survey, lay out, and plat into townIots, streets, alleys, and arks, the sites of such towns and villages in the Choctaw, Chickasaw, Creek, and Cherokee nations, as may at that time have a population of two hundred or more, in such manner as will best subserve the then present needs and the reasonable prospective growth of such towns. The work Filing P‘°’·“· of surveying, laying out, and platting such town sites shall be done by competent surveyors, who shall prepare five copies of the plat of each town site which, when the survey is approved by the Secretary of the Interior, shall be filed as follows: One in the office of the Commissioner of Indian Affairs, one with the principal chief of the nation, one with the clerk of the court within the territorial jurisdiction of which the town is located, one with the Commission to the Five Civilized Tribes, and one with the town authorities, if there be such. Where in his judgment the best interests of the public service require, the Secretary of the Interior may secure the surveying, laying out, and platting of town sites in an of said nations by contract. " Hereafter tllle work of the respective town-site commissions pro- aS§,*;,°{’,*{{‘,‘g,‘;,f‘“" C*‘*°k‘ vided for in the agreement with the Choctaw and Chickasaw tribes ratified in section twenty-nine of the Act of June twenty-eighth, eighteen hundred and ninety-eight, entitled ‘An Act for the protection of Vf’l-3°· P-505- _ the people of the Indian Territory, and for other purposes,’ shall SiQ},§'§, g’,§ghf°($“;§j begin as to any town site immediate gr upon the approval of the survey pr¤v¤1<>f¤¤rve>·· by the Secretary of the Interior an not before. " The Secretary of the Interior may in his discretion appoint a town- ,0€,Q$j,‘§,‘g““L?§},$,’§}§°; site commission consisting of three members for each of the Creek and ¤i¤¤¤- Cherokee nations, at least one of whom shall be a citizen of the tribe and shall be appointed upon the nomination of the principal chief of the tribe. Eaclh commission, under the supervision of the Secretary of the Interior, shall appraise and sell for the benefit of the tribe the town lots in the nation for which it is appointed, acting in conformity with the provisions of any then existing Act of Congress or agreement with the tribe approved by Congress. The agreement of any two members of the commission as to the true value of any lot shall constitute a determination thereof, subject to the approval of the Secretary of the Interior, and if no two members are able to agree the matter shall be determined by such Secretary. "Where in his judgment the public interests will be thereby sub- s,§h‘}§,‘§gf(·,‘§,§ig,’f€‘;j served, the Secretary of the Interior may appoint in the Choctaw, ok.-é nmofis. Y Chickasaw, Creek, or Cherokee Nation a separate town-site commis- cQS§,°{{1°i§°§;t€X§* `?i,°$ sion for any town, in which event as to that town such local com- ‘°“"“S· ’ mission may exercise the same authority and perform the same duties