practicable, be included in one deed, and all deeds shall be executed free of charge. All conveyances shall be approved by the Secretary of the Interior, which shall serve as a relinquishment to the grantee of all the right, title, and interest of the United. States in and to the lands embraced in his deed. Any allottee accepting such deed shall be deemed to assent to the allotment and conveyance of all the lands of the tribe, as provided herein, and as a relinquishment of all his right, title, and interest in and to the same, except in the proceeds of lands reserved from allotment. The acceptance of deeds of minors and incompetents, by persons authorized to select their allotments for them, shall be deemed sufficient to bind such minors and incompetents to allotment and conveyance of all other lands of the tribe, as provided herein. The transfer of the title of the Creek Tribe to individual allottees and to other persons, as provided in this agreement, shall not inure to the benefit of any railroad company, nor vest in any railroad company, any right, title, or interest in or to any of the lands in the Creek Nation. All deeds when so executed and approved shall be filed in the office of the Dawes Commission, and there recorded without expense to the grantee, and such records shall have like effect as other public records. RESERVATIONS § 632. Reservations.-[24]. The following lands shall be reserved from the general allotment herein provided for: (a) All lands herein set apart for townsites. (b) All lands to which, at the date of the ratification of this agreement, any railroad company may, under any treaty or act of Congress, have a vested right for right of way, depots, station grounds, water stations, stockyards, or similar uses connected with the maintenance and operation of the railroad. (c) Forty acres for the Eufaula High School. (d) Forty acres for the Wealaka Boarding School. (j) Forty acres for the Tallahassee Colored Boarding School. (k) Forty acres for the Pecan Creek Colored Boarding School. (1) Forty acres for the Colored Creek Orphan Home. (m) All lands selected for town cemeteries, as herein provided. (n) The lands occupied by the university established by the American Baptist Home Mission Society, and located near the town of Muskogee, to the amount of forty acres, which shall be appraised, excluding improvements thereon, and said university shall have the right to purchase the same by paying one-half the appraised value thereof, on terms and conditions herein provided. All improvements made by said university on lands in excess of said forty acres shall be appraised and the value thereof paid to it by the person to whom such lands may be allotted. (0) One acre each for the six established Creek courthouses, with the improvements thereon. (p) One acre each for all churches and schools outside of towns now regularly used as such. All reservations under the provisions of this agreement, except as otherwise provided herein, when not needed for the purposes for which they are at present used, shall be sold at public auction to the highest bidder, to citizens only, under directions of the Secretary of the Interior." 7 United States v. Ft. Smith & W. R. Co., 195 Fed. 211, 115 C. C. A. 163; Garrett v. American Baptist Home Mission Society, 29 Okl. 272, 116 Pac. 921. MUNICIPAL CORPORATIONS Authority is § 633. Municipal corporations.-[25]. hereby conferred upon municipal corporations in the Creek Nation, with the approval of the Secretary of the Interior, to issue bonds and borrow money thereon for sanitary purposes, and for the construction of sewers, lighting plants, waterworks, and schoolhouses, subject to all the provisions of laws of the United States in force in the organized territories of the United States in reference to municipal indebtedness and issuance of bonds for public purposes; and said provisions of law are hereby put in force in said nation and made applicable to the cities and towns therein the same as if specially enacted in reference thereto. CLAIMS § 634. Claims.-[26]. All claims of whatsoever nature, including the "Loyal Creek claim" under article four of the treaty of eighteen hundred and sixty-six, and the "Self-Emigration claim" under article twelve of the treaty of eighteen hundred and thirty-two, which the tribe or any individual thereof may have against the United States, or any other claim arising under the treaty of eighteen hundred and sixty-six, or any claim which the United States may have. against said tribe, shall be submitted to the Senate of the United States for determination; and within two years from the ratification of this agreement the Senate shall make final determination thereof; and in the event that any sums. are awarded the said tribe, or any citizen thereof, provision shall be made for immediate payment of same. Of these claims the "Loyal Creek claim," for what they suffered because of their loyalty to the United States government during the Civil War, long delayed, is so urgent in its character that the parties to this agreement express the hope that it may receive consideration and be determined at the earliest practicable moment. BLED.IND. (2D ED.)—35 Any other claim which the Creek Nation may have against the United States may be prosecuted in the Court of Claims of the United States, with right of appeal to the Supreme Court; and jurisdiction to try and determine such claim is hereby conferred upon said courts. FUNDS OF THE TRIBE § 635. Funds of the tribe.-[27]. All treaty funds of the tribe shall hereafter be capitalized for the purpose of equalizing allotments and for the other purposes provided in this agreement. § 636. Rolls of citizenship.-[28]. No person, except as herein provided, shall be added to the rolls of citizenship of said tribe after the date of this agreement, and no person whomsoever shall be added to said rolls after the ratification of this agreement. § 636a. Descent of allotted lands.-All citizens who were living on the first day of April, eighteen hundred and ninety-nine, entitled to be enrolled under section twenty-one of the Act of Congress approved June twenty-eighth, eighteen hundred and ninety-eight, entitled "An act for the protection of the people of the Indian Territory, and for other purposes," shall be placed upon the rolls to be made by said. commission under said act of Congress, and if any such citizen has died since that time, or may hereafter die, before receiving his allotment of lands and distributive share of all the funds of the tribe, the lands and money to which he would be entitled, if living, shall descend to his heirs according to the laws of descent and distribution of the Creek Nation, and be allotted and distributed to them accordingly. All children born to citizens so entitled to enrollment, up to and including the first day of July, nineteen hundred, and then living, shall be placed on the rolls made by said commission; and if any such child die after said date, the lands and moneys to which it would be entitled, if living, shall descend to its heirs according to the laws of descent and distribution of the Creek Nation, and be allotted and distributed to them accordingly. The rolls so made by said commission, when approved by the Secretary of the Interior, shall be the final rolls of citizenship of said tribe, upon which the allotment of all lands and the distribution of all moneys and other property of the tribe shall be made, and to no other persons. § 637. Laws of descent of Arkansas substituted for Creek laws of descent.-And provided further, that the act entitled "An act to ratify and confirm an agreement with the Muskogee or Creek Tribe of Indians, and for other purposes," approved March first, nineteen hundred and one, in so far as it provides for descent and distribution according to the laws of the Creek Nation, is hereby repealed and the descent and distribution of lands and moneys provided for in said act shall be in accordance with the provisions. of chapter forty-nine of Mansfield's Digest of the Statutes of Arkansas in force in Indian Territory." § 638. Rolls of citizenship.-[29]. Said commission shall have authority to enroll as Creek citizens certain fullblood Creek Indians now residing in the Cherokee Nation, and also certain full-blood Creek Indians now residing in 8 De Graffenreid v. Iowa Land & Trust Co., 20 Okl. 687, 95 Pac. 624 ; Bodle v. Shoenfelt, 22 Okl. 94, 97 Pac. 556; Irving v. Diamond, 23 Okl. 325, 100 Pac. 557; Hooks v. Kennard, 28 Okl. 457, 114 Pac. 744; Sanders v. Sanders, 28 Okl. 59, 117 Pac. 338; Barnett v. Way, 29 Okl. 780, 119 Pac. 418; Divine v. Harmon, 30 Okl. 820, 121 Pac. 219; Morley v. Fewel, 32 Okl. 452, 122 Pac. 700; Brady v. Sizemore, 33 Okl. 169, 124 Pac. 615; Shellenbarger v. Fewel, 34 Okl. 79, 124 Pac. 617; Reynolds v. Fewel, 34 Okl. 112, 124 Pac. 623; Bilby v. Brown, 34 Okl. 738, 126 Pac. 1024; Oklahoma Land Co. v. Thomas, 34 Okl. 681, 127 Pac. 8; Ground v. Dingman, 33 Okl. 760, 127 Pac. 1078; Shulthis v. McDougal, 170 Fed. 529, 95 C. C. A. 615; Woodward v. De Graffenried (Okl.) 131 Pac. 162; Davison v. Gibson, 56 Fed. 443, 5 C. C. A. 543; Brann v. Bell (C. C.) 192 Fed. 427; Armstrong v. Wood (C. C.) 195 Fed. 137; Reed v. Welty (D. C.) 197 Fed. 419. This section is not a part of the Creek Agreement, but an extract from Indian Appropriation Bill of May 27, 1902, effective date postponed to July 1, 1902. 32 Stat. 258. |