are entitled to enrollment as provided by the Act of Congress approved March 1, 1901 (31 Stat. L. 861), subsequent to July 1, 1900, and up to and including May 25, 1901, and living upon the latter date, shall be placed on the rolls made by said commission. And if any such child has died since May 25, 1901, or may hereafter die before receiving his allotment of lands and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall descend to his heirs as herein provided and be allotted and distributed to them accordingly."

§ 665. Enrollment and descent where death before allotment of children living May 25, 1901.-[8]. All children who have not heretofore been listed for enrollment living May 25, 1901, born to citizens whose names appear upon the authenticated rolls of 1890 or upon the authenticated rolls of 1895 and entitled to enrollment as provided by the act of Congress approved March 1, 1901 (31 Stat. L. 861), shall be placed on the rolls made by said commission. And if any such child has died since May 25, 1901, or may hereafter die, before receiving his allotment of lands and distributive share of the funds of the tribe, the lands and moneys to which he would be entitled if living shall descend to his heirs as herein provided and be allotted and distributed to them accordingly.*

§ 666. Supplemental roll for certain children.-[9]. If the rolls of citizenship provided for by the Act of Congress approved March 1, 1901 (31 Stat. L. 861), shall have been completed by said commission prior to the ratification of this agreement, the names of children entitled to enrollment under the provisions of sections 7 and 8 hereof shall be placed upon a supplemental roll of citizens of the Creek Nation, and said supplemental roll when approved by the Secretary of the Interior shall in all respects be held to be

3 See cases cited to section 6 of Creek Supplemental Agreement, being the section immediately preceding.

4 See authorities cited under section 663..

a part of the final rolls of citizenship of said tribe: Provided, that the Dawes Commission be, and is hereby, authorized to add the following persons to the Creek roll: Nar-wal-le-pe-se, Mary Washington, Walter Washington, and Willie Washington, who are Creek Indians but those names were left off the roll through neglect on their part.

ROADS

§ 667. Roads.-[10]. Public highways or roads three rods in width, being one and one-half rods on each side of the section line, may be established along all section lines without any compensation being paid therefor; and all allottees, purchasers, and others shall take the title to such lands subject to this provision. And public highways or roads may be established elsewhere whenever necessary for the public good, the actual value of the land taken elsewhere than along section lines to be determined under the direction of the Secretary of the Interior while the tribal government continues, and to be paid by the Creek Nation during that time; and if buildings or other improvements are damaged in consequence of the establishment of such public highways or roads, whether along section lines or elsewhere, such damages, during the continuance of the tribal government, shall be determined and paid in the

same manner.

§ 668. Townsites.-[11]. In all instances of the establishment of townsites in accordance with the provisions of the Act of Congress approved May 31, 1900 (31 Stat. L. 231), or those of section 10 of the agreement ratified by Act of Congress approved March 1, 1901 (31 Stat. L. 861), authorizing the Secretary of the Interior, upon the recommendation of the Commission to the Five Civilized Tribes, at any time before allotment, to set aside and reserve from allotment any lands in the Creek Nation not exceeding 160 acres in any one tract, at such stations as are or shall be established in conformity with law on the line of any rail

road which shall be constructed, or be in process of construction, in or through said nation prior to the allotment of lands therein, any citizen who shall have previously selected such townsite, or any portion thereof, for his allotment, or who shall have been by reason of improvements therein entitled to select the same for his allotment, shall be paid by the Creek Nation the full value of his improvements thereon at time of the establishment of the townsite, under rules and regulations to be prescribed by the Secretary of the Interior: Provided, however, that such citizens may purchase any of said lands in accordance with the provisions of the Act of March 1, 1901 (31 Stat. L. 61): And provided further, that the lands which may hereafter be set aside and reserved for townsites upon recommendation of the Dawes Commission as herein provided shall embrace such acreage as may be necessary for the present needs and reasonable prospective growth of such townsites, and not to exceed 640 acres for each townsite, and 10 per cent. of the net proceeds arising from the sale of that portion of the land within the townsite so selected by him, or which he was so entitled to select; and this shall be in addition to his right to receive from other lands an allotment of 160 acres.

CEMETERIES

§ 669. Cemeteries.-[12]. A cemetery other than a town cemetery included within the boundaries of an allotment shall not be desecrated by tillage or otherwise, but no interment shall be made therein except with the consent of the allottee, and any person desecrating by tillage or otherwise a grave or graves in a cemetery included within the boundaries of an allotment shall be guilty of a misdemeanor, and upon conviction be punished as provided in section 567 of Mansfield's Digest of the Statutes of Arkansas.

§ 670. Cemeteries.-[13]. Whenever the townsite surveyors of any town in the Creek Nation shall have selected

and located a cemetery, as provided in section 18 of the Act of Congress approved March 1, 1901 (31 Stat. L. 861), the town authorities shall not be authorized to dispose of lots in such cemetery until payment shall have been made to the Creek Nation for land used for said cemetery, as provided in said act of Congress, and if the town authorities fail or refuse to make payment as aforesaid within one year of the approval of the plat of said cemetery by the Secretary of the Interior, the land so reserved shall revert to the Creek Nation and be subject to allotment. And for lands heretofore or hereafter designated as parks upon any plat or any townsite the town shall make payment into the treasury of the United States to the credit of the Creek Nation within one year at the rate of $20 per acre, and if such payment be not made within that time the lands so designated as a park shall be platted into lots and sold as other town lots.

MISCELLANEOUS

§ 671. Tribal funds-Disposition of.-[14]. All funds of the Creek Nation not needed for equalization of allotments, including the Creek school fund, shall be paid out under direction of the Secretary of the Interior per capita to the citizens of the Creek Nation on the dissolution of the Creek tribal government.

§ 672. Certain reservations not affected.-[15]. The provision of section 24 of the Act of Congress approved March 1, 1901 (31 Stat. L. 861), for the reservation of land for the six established Creek courthouses is hereby repealed.

§ 673. Restrictions upon alienation of allotted lands.— [16]. Lands allotted to citizens shall not in any manner whatever or at any time be encumbered, taken, or sold to secure or satisfy any debt or obligation nor be alienated by the allottee or his heirs before the expiration of five years from the date of the approval of this supplemental agreement, except with the approval of the Secretary of the InBLED.IND. (2D ED.)—36

terior. Each citizen shall select from his allotment forty acres of land, or a quarter of a quarter section, as a homestead, which shall be and remain nontaxable, inalienable, and free from any incumbrance whatever for twenty-one years from the date of the deed therefor, and a separate deed shall be issued to each allottee for his homestead, in which this condition shall appear.

Selections of homesteads for minors, prisoners, convicts, incompetents and aged and infirm persons, who cannot select for themselves, may be made in the manner provided for the selection of their allotments, and if for any reason such selection be not made for any citizen it shall be the duty of said Commission to make selection for him. The homestead of each citizen shall remain, after the death of the allottee, for the use and support of children born to him after May 25, 1901, but if he have no such issue then he may dispose of his homestead by will, free from the limitation herein imposed, and if this be not done the land embraced in his homestead shall descend to his heirs, free from such limitation, according to the laws of descent herein otherwise prescribed. Any agreement or conveyance of any kind or character violative of any of the provisions of this paragraph shall be absolutely void and not susceptible of ratification in any manner, and no rule of estoppel shall ever prevent the assertion of its invalidity."

5 Heckman v. United States, 224 U. S. 413, 32 Sup. Ct. 424, 56 L. Ed. 820; Mullen v. United States, 224 U. S. 448, 32 Sup. Ct. 494, 56 L. Ed. 834; Tiger v. Western Inv. Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. Ed. 738; In re Lands of Five Civilized Tribes (D. C.) 199 Fed. 811; Reed v. Welty (D. C.) 197 Fed. 419; Moore v. Sawyer (C. C.) 167 Fed. 826; United States v. Jacobs, 195 Fed. 707, 115 C. C. A. 507; Alfrey v. Colbert, 168 Fed. 231, 93 C. C. A. 517; In re Washington's Estate (Okl.) 128 Pac. 1079; Texas Co. v. Henry, 34 Okl. 342, 126 Pac. 224; Rentie v. McCoy, 35 Okl. 77, 128 Pac. 244; Divine v. Harmon, 30 Okl. 820, 121 Pac. 219; Groom v. Wright, 30 Okl. 652, 121 Pac. 215; Sanders v. Sanders, 28 Okl. 59, 117 Pac. 338; Harris v. Lynde-Bowman-Darby Co., 29 Okl. 362, 116 Pac. 808; Bragdon v. McShea, 26 Okl. 35, 107 Pac. 916; Blakemore v. Johnson, 24 Okl. 544, 103 Pac. 554; Baker v. Hammett, 23 Okl. 480, 100 Pac. 1114; Western Inv. Co. v. Kistler, 22 Okl. 222, 97 Pac. 588.