Oct. 1. 1890.

26 Stat., 636.

Shawnee and

dians.

claims against

United States.

30 Ct. Cls., 180;

155 U. S. 180.

CHAP. 1249.-An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians and the freedmen of the Cherokee Nation, and for other purposes.1

Be it enacted by the Senate and House of RepresentaDelaware In-tives of the United States of America in Congress assemCourt ofbled, That full jurisdiction is hereby conferred upon the Claims to hear Court of Claims, subject to an appeal to the Supreme Cherokee and Court of the United States as in other cases, to hear and 1892, c. 151, determine what are the just rights in law or in equity of 30 Ct. Cls., 138 the Shawnee and Delaware Indians, who are settled and 31 Ct. Cls., 140. incorporated into the Cherokee Nation, Indian Territory, 1872, c. 157. east of ninety-six degrees west longitude, under the provisions of article fifteen of the treaty of July nineteenth, eighteen hundred and sixty-six, made by and between the United States and the Cherokee Nation, and articles of agreement made by and between the Cherokee Nation and the Shawnee Indians June seventh, eighteen hunClaims of dred and sixty-nine, approved by the President June ninth, eighteen hundred and sixty-nine, and articles of agreement made with the Delaware Indians April eighth, eighteen hundred and sixty-seven; and also of the Cherokee freedmen, who are settled and located in the Cherokee Nation under the provisions and stipulations of article nine of the aforesaid treaty of eighteen hundred and sixty-six in respect to the subject-matter herein provided for.

Cherokee freedto

men heard.

Sult to determine rights of Shawnee,

proceeds of

SEC. 2. That the said Shawnees, Delawares, and freedDelawares and men shall have a right, either separately or jointly, to freedmen to begin and prosecute a suit or suits against the Cherokee Cherokee lands. Nation and the United States Government to recover from the Cherokee Nation all moneys due either in law or equity and unpaid to the said Shawnees, Delawares, or freedmen, which the Cherokee Nation have before paid out, or may hereafter pay, per capita, in the Cherokee Nation, and which was, or may be, refused to or neglected to be paid to the said Shawnees, Delawares, or freedmen by the Cherokee Nation, out of any money or funds which have, or may be, paid into the treasury of, or in any way have come, or may come, into the possession of the Cherokee Nation, Indian Territory, derived from the sale, leasing, or rent for grazing purposes on Cherokee lands west of ninety-six degrees west longitude, and which have been, or may be, appropriated and directed to be paid out per capita by the acts passed by the Cherokee council, and for all moneys, lands, and rights which shall appear to be due to the said Shawnees, Delawares, or freedmen under the provisions of the aforesaid articles of the treaty and articles of agreement.

1 This act is amended by the act of July 6, 1892, chap. 151. Other legislation relative to the Shawnee is that relating to the Kansas lands of the Black Bob Band, Mar. 3. 1879, J. R., No. 12 (20 Stat., 388), and Mar. 1, 1889, chap. 321. The act of Oct. 19, 1888 (25 Stat., 608), secured part of the Cherokee funds to a part of the Shawnee incorporated into the Cherokee Nation.

By the act of Mar. 3, 1893 (27 Stat., 641), a part of the funds arising from the sale of the Cherokee Outlet is directed to be held pending the determination of suits against the United States brought under the above act. By the act of May 27, 1890, chap. 888, funds of the Eastern Shawnees are to be credited with interest at 5 per cent

Lapse of

time, not to bar.

SEC. 3. That the said suit or suits may be brought in Style of sult. the name of the principal chiefs or chiefs of the said Shawnee and Delaware Indians, and for the freedmen and in their behalf and for their use in the name of some person as their trustee, to be selected by them with the approval of the Secretary of the Interior. And the exercise of such jurisdiction shall not be barred by any lapse of time heretofore, nor shall the rights of such Indians be impaired by any acts passed and approved by the Cherokee national council. Suits may be instituted within twelve months after the passage of this act, and the law and practice and rules of procedure in such courts Proceedings. shall be the practice and law in these cases; and copies of petitions filed in the case at the commencement of the suit shall be served upon the Attorney-General of the United States and on the principal chief in the Cherokee Nation by the marshal of the district court for the Indian Territory; and that the costs of the said suits shall be apportioned between the United States and the other parties to such suits as to said court law and equity shall require. The Attorney-General shall designate and appoint from the Department of Justice a person who is competent to defend the said Cherokee Nation and the United States. And the said Shawnees, Delawares, and freedmen may be represented by attorneys and counsel. And the court is hereby authorized to decree the amount of compensa- fees. tion of such attorneys and counsel fees, not to exceed ten per centum of the amount recovered, and order the same to be paid to the attorneys and counsel of the said Shawnees, Delawares, and freedmen; and all judgments for any sum or sums of money which may be ordered or decreed by such court in favor of the Shawnees, Delawares, or freedmen, and against the Cherokee Nation, shall be enforced by the said court or courts against the said Cherokee Nation by execution mandamus, or in any other way which the said court may see fit.

Counsel.

Attorneys'

Enforcement of judgments.

bring suit for

States.

SEC. 4. That the said Shawnee Indians are hereby au- Shawnee may thorized and empowered to bring and begin a suit in law moneys due or equity against the United States Government, in the from United Court of Claims, to recover and collect from the United States Government any amount of money that in law or equity is due from the United States to said tribes in reimbursement of their tribal fund for money wrongfully diverted therefrom. The right of appeal, jurisdiction of the court, process, procedure, and proceedings in the suit Proceedings, here provided for shall be as provided for in sections one, two, and three of this act.

Approved, October 1, 1890.

etc.

Oct. 1, 1890. 26 Stat., 640.

tion.

leases to Choc

CHAP. 1252.-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 asChoctaw Na-sembled, That the consent of the United States is hereby Ratification given, upon the conditions and with the limitations of coal mining hereinafter set forth, and no farther, to the followingtaw Coal & described leases of coal rights, which citizens of the Railway Co. Choctaw Nation have made to the Choctaw Coal and Railway Company, a corporation created by 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:

Leases.

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 eightynine.

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 num

bered 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 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 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 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

Conditions.

Limit of area.

Period.

Report of coal mined, royalties, etc.

Restriction of prices for sales.

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 Tobucksey County, Choctaw Nation, on the nineteenth day of October, eighteen hundred and eightynine.

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 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 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 first day of September, eighteen hundred and ninety, been sold by said lessees, or those holding under them, shall, during said thirty years,