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PROVIDING FOR THE SALE OF CERTAIN INDIAN LANDS IN OKLAHOMA.

MAY 8, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. STEPHENS of Texas, from the Committee on Indian Affairs, submitted the following

REPORT.

[To accompany H. R. 11958.]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 11958) providing for the sale of certain Indian lands in Oklahoma, and for other purposes, having carefully considered the same, recommends that the bill be amended, and that as amended the bill do pass.

Amend the bill by striking out all after the enacting clause and insert in lieu thereof the following:

That the Secretary of the Interior is hereby authorized and directed, upon applica tion therefor, to sell to the county of Tillman, State of Oklahoma, at $1.25 per acre, not exceeding one hundred and sixty acres, for county farm purposes, and to the town of Grandfield, Oklahoma, not exceeding forty acres, for cemetery purposes, of vacant undisposed of lands within the town site reserves in the State of Oklahoma, withdrawn by Executive orders under the act of March twentieth, nineteen hundred and six (Thirty-fourth Statutes at Large, page eighty), the money received from the sale of said lands to be deposited in the Kiowa Indian Agency hospital fund, and to draw interest at the rate of four per centum per annum.

The following statement was submitted to the Secretary of the Interior in asking for a report on H. R. 11958:

According to a departmental order dated September 12, 1906, there were set aside certain 320-acre tracts of land in what was formerly the Kiowa, Comanche, and Apache Indian Reservations in Oklahoma, for town-site purposes. Lots were advertised and sold to the highest bidder, conditioned that in the event of nonpayment of any payment title should revert to the Government. According to the records, there were approximately from 30 to 50 purchasers in each town site who made final payments and received

patents to the lots acquired, leaving the larger portion of these 320acre tracts undisposed of. Soon after the Government lot sale the Wichita Falls & Northwestern Railroad Co. constructed a railroad through this section, it missing all of the Government town sites.

The town of Grandfield was established 2 miles from the Government town site of Eschita. This finally resulted in all of the buildings being removed to the railroad. From the information secured, approximately $50,000 was realized from the sale of lots and forfeitures in this one town site alone, which amount of money was credited to the Indian tribes. Inasmuch as citizens who now live at Grandfield once were property owners and residents of Eschita, they naturally feel that the Government should deal kindly with them when they ask for legislation giving them the privilege of purchasing 40 acres for a cemetery, at $1.25 per acre. They have in the past used a portion of this town site for a cemetery, and this legislation will give them the privilege of continuing so to do.

According to legislation passed in 1913 affecting this same subject, the county commissioners of Comanche County were given the right to purchase 160 acres of land to be used as a county farm, at $1.25 per acre. Inasmuch as this was done it is thought that the same privilege should be given to the commissioners of Tillman County. The Government has assisted Comanche County by providing public buildings and giving them a portion of the proceeds of their Government lot sale, while, on the other hand, Tillman County, being new, has not shared in this benefit and does not at this time own a courthouse. Not only this, a large portion of the lands within its borders were formerly owned by the various Indian tribes and were not subject to taxation until the purchaser had made final payment and received a patent for the same. Such a condition has worked a hardship on this county, and for this reason it is asked that the commissioners of Tillman County be given the right to purchase this amount of land to be used for county farm purposes.

It is estimated that the various Indian tribes have received approximately $75,000 to $100,000 from the proceeds of the lots in these abandoned town sites, and inasmuch as the larger portion of these town sites is now valuable, this legislation will in no way affect the rights of any individual.

The Secretary of the Interior has made the following favorable report on the bill:

DEPARTMENT OF THE INTERIOR,
Washington, May 2, 1916.

MY DEAR MR. STEPHENS: With reference to H. R. 11958, which proposes the vacation of Executive orders setting apart for town-site purposes certain lands in the former Kiowa, Comanche, Apache, and Wichita Indian Reservations in Oklahoma, and the disposition of lands at public sale, with the exception of 160 acres, which it is proposed to permit to be sold to Tillman County, Okla., and 40 acres to the town of Grandfield, Okla., I have to advise that the Commissioner of Indian Affairs states that in each of the town sites in question lots have been sold and a part or all of the purchase price paid. The total amount so paid is said to be $64,679, and the commissioner advises against the revocation of the withdrawals unless an appropriation of the amount named be made to reimburse the town-lot purchasers, provided they are willing to accept such settlement.

Under all of the circumstances, I deem it inadvisable at this time to recommend the enactment of that part of the bill which proposes to vacate the town-site reservations. I see no objection, however, to permitting the county commissioners of Tillman County to purchase not exceeding 160 acres in any one of such withdrawn areas

not heretofore disposed of, and the same is true with respect to the town of Grandfield, which desires to acquire not exceeding 40 acres for cemetery purposes. I have therefore to recommend that H. R. 11958 be amended to read as follows:

"A BILL To provide for the sale of certain Indian lands in Oklahoma, and for other purposes. "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed, upon application therefor, to sell to the county of Tillman, State of Oklahoma, at $1.25 per acre, not exceeding one hundred and sixty acres, for county farm purposes, and to the town of Grandfield, Oklahoma, not exceeding forty acres, for cemetery purposes, of vacant undisposed-of lands within the town-site reserves in the State of Oklahoma, withdrawn by Executive orders under the act of March twentieth, nineteen hundred and six (Thirty-fourth Statutes at Large, page eighty), the money received from the sale of said lands to be deposited in the Kiowa Indian Agency hospital fund, and to draw interest at the rate of four per centum per annum." So amended, I recommend that H. R. 11958 be enacted.

Cordially, yours,

Hon. JOHN H. STEPHENS,

Chairman Committee on Indian Affairs,

House of Representatives.

FRANKLIN K. LANE,

Secretary.

O

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