against any lands in said cities or towns until after title is secured from the tribe; but all other property, including all improvements on town lots, which for the purposes of this act shall be deemed and considered personal property, together with all occupations and privileges, shall be subject to taxation. And the councils of such cities and towns, for the support of the same and for school and other public purposes, may provide by ordinance for the assessment, levy, and collection annually of a tax upon such property, not to exceed in the aggregate two per centum of the assessed value thereof, in manner provided in chapter one hundred and twenty-nine of said Digest, entitled "Revenue," and for such purposes may also impose a tax upon occupations and privileges.

Such councils may also establish and maintain free schools in such cities and towns, under the provisions of sections sixty-two hundred and fifty-eight to sixty-two hundred and seventy-six, inclusive, of said Digest, and may exercise all the powers conferred upon special school districts in cities and towns in the state of Arkansas by the laws of said state when the same are not in conflict with the provisions of this act.

For the purposes of this section all the laws of said state of Arkansas herein referred to, so far as applicable, are hereby put in force in said territory; and the United States court therein shall have jurisdiction to enforce the same, and to punish any violation thereof, and the city or town councils shall pass such ordinances as may be necessary for the purpose of making the laws extended over them applicable to them and for carrying the same into effect: Provided, that nothing in this act, or in the laws of the state of Arkansas, shall authorize or permit the sale, or exposure for sale, of any intoxicating liquor in said territory, or the introduction thereof into said territory; and it shall be the duty of the district attorneys in said territory and the officers of such municipalities to prosecute all violators

of the laws of the United States relating to the introduction of intoxicating liquors into said territory, or to their sale, or exposure for sale, therein: Provided further, that owners and holders of leases or improvements in any city. or town shall be privileged to transfer the same.11

§ 407. Townsite commissions.-[15]. That there shall be a commission in each town for each one of the Chickasaw, Choctaw, Creek and Cherokee Tribes, to consist of one member to be appointed by the executive of the tribe, who shall not be interested in town property, other than his home; one person to be appointed by the Secretary of the Interior, and one member to be selected by the town. And if the executive of the tribe or the town fail to select members as aforesaid, they may be selected and appointed by the Secretary of the Interior.

Said commissions shall cause to be surveyed and laid out townsites where towns with a present population of two hundred or more are located, conforming to the existing survey so far as may be, with proper and necessary streets, alleys, and public grounds, including parks and cemeteries, giving to each town such territory as may be required for its present needs and reasonable prospective growth; and shall prepare correct plats thereof, and file one with the Secretary of the Interior, one with the clerk of the United States court, one with the authorities of the tribe, and one with the town authorities. And all town lots shall be appraised by said commission at their true value, excluding improvements; and separate appraisements shall be made of all improvements thereon; and no such appraisement shall be effective until approved by the Secretary of the Interior, and in case of disagreement by the members of such com

11 Fortune v. Incorporated Town of Wilburton, 142 Fed. 114, 73 C. C. A. 338, 4 L. R. A. (N. S.) 782, 6 Ann. Cas. 565; Fortune v. Incorporated Town of Wilburton, 5 Ind. T. 251, 82 S. W. 738, 5 Ann. Cas. 287; Dennee v. Cromer, 114 Fed. 623, 52 C. C. A. 403 ; Missouri, K. & T. Ry. Co. v. Phelps, 4 Ind. T. 706, 76 S. W. 285; Zevely v. Weimer, 5 Ind. T. 646, 82 S. W. 941, 956.

mission as to the value of any lot, said Secretary may fix the value thereof.

The owner of the improvements upon any town lot, other than fencing, tillage, or temporary buildings, may deposit in the United States treasury, Saint Louis, Missouri, one-half of such appraised value; ten per centum within two months and fifteen per centum more within six months after notice of appraisement, and the remainder in three equal annual installments thereafter, depositing with the Secretary of the Interior one receipt for each payment, and one with the authorities of the tribe, and such deposit shall be deemed a tender to the tribe of the purchase money for

such lot.

If the owner of such improvements on any lot fails to make deposit of the purchase money as aforesaid, then such lot may be sold in the manner herein provided for the sale of unimproved lots; and when the purchaser thereof has complied with the requirements herein for the purchase of improved lots he may, by petition, apply to the United States court within whose jurisdiction the town is located for condemnation and appraisement of such improvements, and petitioner shall, after judgment, deposit the value so fixed with the clerk of the court; and thereupon the defendant shall be required to accept same in full payment for his improvements or remove same from the lot within such time as may be fixed by the court.

All town lots not improved as aforesaid shall belong to the tribe, and shall be in like manner appraised, and, after approval by the Secretary of the Interior, and due notice, sold to the highest bidder at public auction by said commission, but not for less than their appraised value, unless ordered by the Secretary of the Interior; and purchasers may in like manner make deposits of the purchase money with like effect, as in case of improved lots.

The inhabitants of any town may, within one year after the completion of the survey thereof, make such deposit

of ten dollars per acre for parks, cemeteries, and other public grounds laid out by said commission with like effect as for improved lots; and such parks and public grounds shall not be used for any purpose until such deposits are made.

The person authorized by the tribe or tribes may execute or deliver to any such purchaser, without expense to him, a deed conveying to him the title to such lands or town lots; and thereafter the purchase money shall become the property of the tribe; and all such moneys shall, when titles to all the lots in the towns belonging to any tribe have been thus perfected, be paid per capita to the members of the tribe: Provided, however, that in those townsites designated and laid out under the provisions of this act where coal leases are now being operated and coal is being mined there shall be reserved from appraisement and sale all lots occupied by houses of miners actually engaged in mining, and only while they are so engaged, and in addition thereto a sufficient amount of land, to be determined by the appraisers, to furnish homes for the men actually engaged in working for the lessees operating said mines and a sufficient amount for all buildings and machinery for mining purposes: And provided further, that when the lessees shall cease to operate said mines, then, and in that event, the lots of land so reserved shall be disposed of as provided for in this act.1 12

§ 408. Excessive holdings.-[16]. That it shall be unlawful for any person, after the passage of this act, except as hereinafter provided, to claim, demand, or receive, for his own use or for the use of any one else, any royalty on oil, coal, asphalt, or other mineral, or on any timber or lumber, or any other kind of property whatsoever, or any

12 Ellis v. Fitzpatrick, 118 Fed. 431, 55 C. C. A. 260; Fraer v. Washington, 125 Fed. 280, 60 C. C. A. 194; In re Grayson, 3 Ind. T. 497, 61 S. W. 984; Butler v. Penn, 3 Ind. T. 505, 61 S. W. 987; Tuttle v. Moore, 3 Ind. T. 712, 64 S. W. 585; Walker v. Roberson, 21 Okl. 894, 97 Pac. 609.

rents on any lands or property belonging to any one of said tribes or nations in said territory, or for any one to pay to any individual any such royalty or rents or any consideration therefor whatsoever; and all royalties and rents hereafter payable to the tribe shall be paid, under such rules and regulations as may be prescribed by the Secretary of the Interior, into the treasury of the United States to the credit of the tribe to which they belong: Provided, that where any citizen shall be in possession of only such amount of agricultural or grazing lands as would be his just and reasonable share of the lands of his nation or tribe and that to which his wife and minor children are entitled, he may continue to use the same or receive the rents thereon until allotment has been made to him: Provided further, that nothing herein contained shall impair the rights of any member of a tribe to dispose of any timber contained on his, her, or their allotment.13

§ 409. Excessive holder guilty of misdemeanor.—[17]. That it shall be unlawful for any citizen of any one of said tribes to inclose or in any manner, by himself or through another, directly or indirectly, to hold possession of any greater amount of lands or other property belonging to any such nation or tribe than that which would be his approximate share of the lands belonging to such nation or tribe and that of his wife and his minor children as per allotment herein provided; and any person found in such possession of lands or other property in excess of his share and that of his family, as aforesaid, or having the same in any manner inclosed, at the expiration of nine months after

13 Southwestern Coal & Improvement Co. v. McBride, 185 U. S. 499, 22 Sup. Ct. 763, 46 L. Ed. 1010; Cherokee Nation v. Hitchcock, 187 U. S. 294, 23 Sup. Ct. 115, 47 L. Ed. 183; Atoka Coal & Mining Co. v. Adams, 104 Fed. 471, 43 C. C. A. 651; Fraer v. Washington, 125 Fed. 280, 60 C. C. A. 194; McBride v. Farrington (C. C.) 131 Fed. 799; Choctaw, O. & G. R. Co. v. Bond, 160 Fed. 407, 87 C. C. A. 355; Atoka Coal & Mining Co. v. Adams, 3 Ind. T. 189, 53 S. W. 539; Hubbard v. Chism, 5 Ind. T. 95, 82 S. W. 686; Walker v. Roberson, 21 Okl. 894, 97 Pac. 609.