Page:United States Statutes at Large Volume 37 Part 1.djvu/92

 SIXTY-SECOND CONGRESS. Sess. II. Ch. 46. 1912. 69 tracts, or rights thereto as m b bl f ,¤g..r-for as conduct of mt.£?,§0§G£i??§£§‘Or’E¤‘3'i‘i?.?‘?’.Z7.?,'0$§1*3'£‘Z?§’§§§€ t its of coal and asphalt upon paying a fair valuation for the ortion of the surface so acquu·ed. _ I t ie owner of the surface andp the then ,e;g_‘§;§“°¤ °* <“*· owner or lessee of such mineral deposits shall be unable to agree u on a fau· valuation for the surface so acquired, such valuation shalfbe determmed by three arbitrators, one to be appointed, in writing a copy to_be served on the other party by the owner of the surface, one in l.1ke_ manner by the owner or lessee of the mineral deposits, and the_third to be chosen by the two so a ointed; and in case the two arbitrators so appointed should bepnalble to agree upon a third arbitrator within thirty days, then and in that event, upon the application of either interested party, the United States district judge in thlzilrlizglct  gap; land 18 locpted slhall appplint the third ar 1 r: ro a e owner o d 't MM- lessee thereof shall liave the right of entry iipthn Itlligzlndacispsdltz he mm, by mma acquired for mrmng purposes immediately after the failure of the partiepetlo agree uplpp atgurbvdpatrondand the aplpomtment, as above provi oanarrra r ytesai owne or ess. Sec. 4., That upon the extpiration of two yfears aftg the lands have ;}§g,'_ ’*·¤°•¤¤¤*• been first offered for sale e Secretary of the Interior, under rules and regulations to be prescribed by him, shall cause to_be sold to the highest bidder for cash the surface of any lands remaining unsold and of any surface lands forfeited by reason of nonpayment of any part of the purplilase plrrcgéc without riegtprdlto the appraised value thzrheofz Mmm. atte retaryo entri 1sutho'dt t E not less than the appraised value to thecMl):lh.lesZ'er Coliiiilry zlib, of Ciiib-Mum mmm, McAlester, Oklahoma, the surface of not to exceed one hundred and sixty acres in section seventeen, township five north, range fifteen east: Provadedfurtlter, That the mineral underlying the surface of the hggyte 1>¢¤i¤¤¤¤¤·r lands condemned for the State penitentiary at McAlester, Oklahoma, veil ss, P, ms. Egger themlpdggpcapparppgiatrolp Aptuapprofyed Mprplh thipd, plpnefeen, e su ec on emna io unc er e laws of the State of Oklahoma, fdr State penitentiary, purposes: And m§f,§‘;_"°"°“ °" furt7•qr, That said mineral shall not be mined for other than e pemtenti pu oses. _ Sec. 5. Thatmthe miles herein provided for shall be at public auc- '1'·¤¤=¤•>*•¤¤·•¤¤· tron under rules and regplations and upon terms to be prescribed by the Secretary of the terior, except that no patyment shall be deferred longer than two years after the sale is ma e. All agncul- A8¤¤¤'•¤¤¤ Mdturtal lands shaalldbedpopd in trapts_no1;£o exceed one hundred and B¤J¤yacres,an ee s a not e1ssu toa one iso o m than one hundred and sixty acres of agricultdizl landfgrariié- larid; ¤r•¤¤¢h¤¤n 11} tracts not to exceed six hundred and forty acres,_ and lan espe— vihlly valuable by reason of proximity to towns or cities may, in the '¤¤v¤1¤••··*¤- discretion of the Secretary of the Interior be sold in lots or tracts containing not less than one acre each. All deferred payments shall P•y¤¤¤¤· bear interest at five per centum per annum, and if default be made in any pagizzenti when due all rights of the purchaser thereunder shall, at the retxon of the Secretary of the Interior cease and the lands shall be taken possession of by him for the benefit of the two nations, and the money paid as the Cplurchase price of such lands shall be forfméed tg t}'}ei1Chp;:t31w and 'ckasaw {pps ocglndiaus. d Cm k smmbm Fo. at e mining trustees o e octaw au 'c asaw m,,,,,,, Nations and the three appraisers herein iplrovided for, or a majority md of the said trustees and appraisers, shall d that such tract or tracts can not be profitably mined for coal or asphalt and can be more advantageously disposed of by selling the surface and the coal and gsphalt together, such tract or tracts may be sold in that manner m the discretion of the Secretary of the Interior, and patents mued