larger rate of interest than the majority of the State and National banks of Oklahoma are now paying on time deposits of Choctaw and Chickasaw tribal funds. The Choctaw Tribe on December 1, 1916, had to its credit an approximate available balance of $3,062,502.18, while on same date the Chickasaw Tribe had to its credit an approximate available balance of $1,042,798.24, making a total of $4,105,300.42 to the credit of the Choctaw and Chickasaw Tribes, to which is to be added the proceeds of the recent sale of Choctaw and Chickasaw tribal lands held from October 4 to 31, 1916, inclusive, which brought, according to the report of the superintendent for the Five Civilized Tribes under date of December 4, 1916, a total sum of $1,782,723.17, and when fully paid in will make available for the needs of the Choctaw and Chickasaw Tribes the total sum of $5,888,023.59. With these funds in view I do not believe that an extension of two years of the time for payment as provided in the resolution will inconvenience the Choctaw and Chickasaw Tribes, and should be granted. Cordially, yours, Hon. JOHN H. STEPHENS, FRANKLIN K. LANE, Secretary. Mr. ASHURST, from the Committee on Indian Affairs, submitted the following REPORT. [To accompany H. J. Res. 306.] The Committee on Indian Affairs, to whom was referred the bill (H. J. Res. 306), authorizing the Secretary of the Interior to extend the time for payment of the deferred installments due on the purchase of tracts of the surface of the segregated coal and asphalt lands of the Choctaw and Chickasaw Tribes in Oklahoma, having carefully considered the same, reports the resolution back without amendment and recommends that the same be enacted into law. The act of February 19, 1912, providing for the sale of the surface of the segregated coal and asphalt lands of the Choctaw and Chickasaw Tribes of Indians, contains the following provision: SEC. 5. That the sales herein provided for shall be at public auction under rules and regulations and upon terms to be prescribed by the Secretary of the Interior, except that no payment shall be deferred longer than two years after the sale is made. All agricultural lands shall be sold in tracts not to exceed one hundred and sixty acres, and deeds shall not be issued to any one person for more than one hundred and sixty acres of agricultural land, grazing lands in tracts not to exceed six hundred and forty acres, and lands especially valuable by reason of proximity to towns or cities may, in the discretion of the Secretary of the Interior, be sold in lots or tracts containing not less than one acre each. All deferred payments shall bear interest at five per centum per annum, and if default be made in any payment when due all rights of the purchaser thereunder shall, at the discretion 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 purchase price of such lands shall be forfeited to the Choctaw and Chickasaw Tribes of Indians. Pending congressional action on this resolution, the Secretary of the Interior has declared no forfeitures. The following letter of the Secretary explains the purpose of the resolution, as well as shows the favorable attitude of the department toward the relief sought. DEPARTMENT OF THE INTERIOR, MY DEAR MR. STEPHENS: I am in receipt of your letter of December 9, 1916, transmitting therewith a printed copy of H. J. Res. 306, introduced in the House of Representatives on December 4, 1916, by Mr. Carter of Oklahoma and entitled: Joint resolution authorizing the Secretary of the Interior to extend the time for payment of the deferred installments due on the purchase of tracts of the surface of the segregated coal and asphalt lands of the Choctaw and Chickasaw Tribes in Oklahoma. H. J. Res. 306 is identical in language with S. J. Res. 178 introduced in the Senate on December 5, 1916, by Mr. Owen, of Oklahoma. I am in favor of the joint resolution being enacted into law. Section 5 of the act of Congress of February 19, 1912 (37 Stat. L., 67-69), pursuant to which the sales of tracts of the surface of the segregated coal and asphalt land area, Choctaw Nation, Okla., were made, expressly provided that "no payment shall be deferred longer than two years after the sale is made.' This resolution proposes to extend the time four years after the sale was made, instead of two years as above provided, which will extend the time for payment two years longer than under existing law. The first sale of the surface of the segregated coal and asphalt land classified as agricultural and grazing land was held from November 16 to December 2, 1914, and the first sale of such portion of the surface as was classified as suitable for townsite purposes was held from January 5 to 31, 1916. Upon petition of purchasers and recommendations of the chief executives of the Choctaw and Chickasaw Tribes, the department on September 30, 1915, extended the time for all deferred payments on the unallotted land, timber land, and surface of the segregated coal and asphalt land, Choctaw and Chickasaw Nations, due November and December, 1915, and January and February, 1916, one year on payment of interest on balance of unpaid purchase price, said extension to become effective only upon payment of interest. To the surprise of many purchasers this extension had the effect of making the second installment due on the purchase price of tracts of the surface of the segregated coal and asphalt land area fall due at the same time that the third and last installment fell due, thus adding a double burden where the second and third installments fell due in November and December, 1916, and January and February, 1917. It is now proposed to defer the payment of the third and last installment due on the purchase price of tracts of the surface of the segregated coal and asphalt land area, Choctaw Nation, Okla., provided that purchasers pay the full amount of the principal of the second installment, which was extended one year and is now due, together with all accrued interest on both the second and third installments to date when due, before an extension of time will be granted for payment of the last installment. This extension will not work a hardship on the Choctaw and Chickasaw Tribes, because the deferred payments under the law draw 5 per cent interest per annum from date of sale, which is a larger rate of interest than the majority of the State and National banks of Oklahoma are now paying on time deposits of Choctaw and Chickasaw tribal funds. The Choctaw Tribe on December 1, 1916, had to its credit an approximate available balance of $3,062,502.18, while on same date the Chickasaw Tribe had to its credit an approximate available balance of $1,042,798.24, making a total of $4,105,300.42 to the credit of the Choctaw and Chickasaw Tribes, to which is to be added the proceeds of the recent sale of Choctaw and Chickasaw tribal lands held from October 4 to 31, 1916, inclusive, which brought, according to the report of the superintendent for the Five Civilized Tribes under date of December 4, 1916, a total sum of $1,782,723.17, and when fully paid in will make available for the needs of the Choctaw and Chickasaw Tribes the total sum of $5,888,023.59. With these funds in view I do not believe that an extension of two years of the time for payment as provided in the resolution will inconvenience the Choctaw and Chickasaw Tribes, and should be granted. Cordially, yours, Hon. JOHN H. STEPHENS, FRANKLIN K. LANE, Secretary. Chairman Committee on Indian Affairs, House of Representatives. |