be so indorsed and returned to the principal chief; if approved, the approval shall be indorsed thereon, and it shall be published in at least two newspapers having a bona fide circulation in the Creek Nation.

§ 652. Prohibition.-[43]. The United States agrees to maintain strict laws in said nation, against the introduction, sale, barter, or giving away of liquors or intoxicants of any kind whatsoever.10

§ 653. Not to affect existing treaties except where inconsistent. [44]. This agreement shall in no wise affect the provisions of existing treaties between the United States and said tribe except so far as inconsistent therewith.

§ 654. General authority conferred upon Secretary.[45]. All things necessary to carrying into effect the provisions of this agreement, not otherwise herein specifically provided for, shall be done under authority and direction of the Secretary of the Interior.

§ 655. Creek tribal government to expire March 4, 1906. -[46]. The tribal government of the Creek Nation shall not continue longer than March fourth, nineteen hundred and six, subject to such further legislation as Congress may deem proper.

§ 656. Creek courts not re-established.-[47]. Nothing contained in this agreement shall be construed to revive or re-establish the Creek courts which have been abolished by former acts of Congress.

Approved March 1, 1901. Ratified by the Creeks May 25, 1901.

10 Ex parte Webb, 225 U. S. 663, 32 Sup. Ct. 769, 56 L. Ed. 1248; United States Exp. Co. v. Friedman, 191 Fed. 673, 112 C. C. A. 219, reversing United States v. United States Exp. Co. (D. C.) 180 Fed. 1006; Evans v. Victor (C. C. A.) 204 Fed. 361; United States v. Wright, 229 U. S. 226, 33 Sup. Ct. 630, 57 L. Ed.

-.

CHAPTER 48

SUPPLEMENTAL CREEK AGREEMENT APPROVED JUNE 30,

1902

(CHAPTER 1323, 32 STAT. 500)

657. Preamble to Supplemental Creek Agreement.

658. Definitions.

659. Allotment of lands.

660. Amending original agreement.

661. 662.

Commission to have exclusive jurisdiction.

Allotments may be canceled for mistake.

663. Descent and distribution.

664.

665.

666.

667.

668.

Descent of lands allotted to deceased members of the tribe. Enrollment and descent where death before allotment of children living May 25, 1901.

Supplemental roll for certain children.

Roads.

Townsites.

677.

678.

679.

Not to repeal original agreement except where in conflict.
Agreement to be binding when ratified.
Submission to Creek Council.

§ 657. Preamble to Supplemental Creek Agreement.1Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the following supplemental agreement, submitted by certain commissioners of the Creek Tribe of Indians, as herein amended, is hereby ratified and confirmed on the part of the United States, and the same shall be of full force and effect if ratified by the Creek tribal council on or before the

1 The following cases discuss generally the terms of this agreement, as well as particular sections: Heckman v. United States, 224 U. S. 413, 32 Sup. Ct. 424, 56 L. Ed. 820; United States v. Shock (C. C.) 187 Fed. 862-870.

first day of September, nineteen hundred and two, which said supplemental agreement is as follows:

This agreement by and between the United States, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tams Bixby, Thomas B. Needles, and Clifton R. Breckenridge, duly appointed and authorized thereunto, and the Muskogee (or Creek) tribe of Indians, in Indian Territory, entered into in behalf of the said tribe by Pleasant Porter, principal chief, Roley McIntosh, Thomas W. Perryman, Amos McIntosh, and David M. Hodge, commissioners duly appointed and authorized thereunto, witnesseth, that in consideration of the mutual undertakings herein contained it is agreed as follows:

DEFINITIONS

658. Definitions.-The words "Creek" and "Muskogee" as used in this agreement shall be deemed synonymous, and the words "Nation" and "Tribe" shall each be deemed to refer to the Muskogee Nation or Muskogee Tribe of Indians in Indian Territory. The words "principal chief" shall be deemed to refer to the principal chief of the Muskogee Nation. The words "citizen" or "citizens" shall be deemed to refer to a member or members of the Muskogee tribe or nation of Indians. The word "Commissioner" shall be deemed to refer to the United States Commission to the Five Civilized Tribes.

ALLOTMENT OF LANDS

§ 659. Allotment of lands.-[2]. Section 2 of the agreement ratified by Act of Congress approved March, 1901 (31 Stat. L. 861), is amended and as so amended is reenacted to read as follows:

All lands belonging to the Creek Tribe of Indians in Indian Territory, except townsites and lands reserved for Creek schools and churches, railroads, and town cemeteries, in accordance with the provisions of the Act of Congress

approved March 1, 1901 (31 Stat. L. 861), shall be appraised at not to exceed $6.50 per acre, excluding only lawful improvements on lands in actual cultivation.

Such appraisements shall be made, under the direction and supervision of the Commission to the Five Civilized Tribes, by such number of committees with necessary assistance as may be deemed necessary to expedite the work, one member of each committee to be appointed by the principal chief. Said Commission shall have authority to revise and adjust the work of said committees; and if the members of any committee fail to agree as to the value of any tract of land, the value thereof shall be fixed by said Commission. The appraisement so made shall be submitted to the Secretary of the Interior for approval.

§ 660. Amending original agreement.-[3]. Paragraph 2 of section 3 of the agreement ratified by said Act of Congress approved March 1, 1901, is amended and as so amended is re-enacted to read as follows:

If any citizen select lands the appraised value of which is $6.50 per acre, he shall not receive any further distribution of property or funds of the tribe until all other citizens have received lands and moneys equal in value to his allot

ment.

§ 661. Commission to have exclusive jurisdiction.— [4]. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes to determine, under the direction of the Secretary of the Interior, all controversies arising between citizens as to their right to select certain tracts of land.

§ 662. Allotments may be canceled for mistake.-[5]. Where is is shown to the satisfaction of said Commission that it was the intention of a citizen to select lands which include his home and improvements, but that through error and mistake he had selected land which did not include said home and improvements, said Commission is authorized to cancel said selection and the certificate of selection

or allotment embracing said lands, and permit said citizens to make a new selection including said home and improvements; and should said land including said home and improvements have been selected by any other citizen of said nation, the citizen owning said home and improvements shall be permitted to file, within ninety days from the ratification of this agreement, a contest against the citizen having previously selected the same and shall not be prejudiced therein by reason of lapse of time or any provision of law or rules and regulations to the contrary.

DESCENT AND DISTRIBUTION

§ 663. Descent and distribution.-[6]. The provisions of the act of Congress approved March 1, 1901 (31 Stat. L. 861), in so far as they provide for descent and distribution according to the laws of the Creek Nation, are hereby repealed and the descent and distribution of land and money provided for by said act shall be in accordance with chapter 49 of Mansfield's Digest of the Statutes of Arkansas now in force in Indian Territory: Provided, that only citizens of the Creek Nation, male and female, and their Creek descendants shall inherit lands of the Creek Nation: And provided further, that if there be no person of Creek citizenship to take the descent and distribution of said estate, then the inheritance shall go to noncitizen heirs in the order named in said chapter 49.*

ROLLS OF CITIZENSHIP

§ 664. Descent of lands allotted to deceased members of the tribe.-[7]. All children born to those citizens who

2 De Graffenreid v. Iowa Land & Trust Co., 20 Okl. 687, 95 Pac. 624; In re Brown's Estate, 22 Okl. 216, 97 Pac. 613; Hooks v. Kennard, 28 Okl. 457, 114 Pac. 744: Lamb v. Baker, 27 Okl. 739, 117 Pac. 189; Hughes Land Co. v. Bailey, 30 Okl. 194, 120 Pac. 290; Brady v. Sizemore, 33 Okl. 169, 124 Pac. 615; Rentie v. McCoy, 35 Okl. 77, 128 Pac. 244; Washington v. Miller, 34 Okl. 259, 129 Pac. 58; Shulthis v. McDougal, 170 Fed. 529, 95 C. C. A. 615; Brann v. Bell (C. C.) 192 Fed. 427; Woodward v. De Graffenried (Okl.) 131 Pac. 162; Armstrong v. Wood (C. C.) 195 Fed. 137; Reed v. Welty (D. C.) 197 Fed. 419; McKee v. Henry (C. C. A.) 201 Fed. 74.