§ 674. Leases of allotted lands.-[17]. Section 37 of the agreement ratified by said Act of March 1, 1901, is amended, and as so amended is re-enacted to read as follows:

"Creek citizens may rent their allotments, for strictly nonmineral purposes, for a term not to exceed one year for grazing purposes only and for a period not to exceed five years for agricultural purposes, but without any stipulation or obligation to renew the same. Such leases for a period longer than one year for grazing purposes and for a period longer than five years for agricultural purposes, and leases for mineral purposes may also be made with the approval of the Secretary of the Interior, and not otherwise. Any agreement or lease of any kind or character violative 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. Cattle grazed upon leased allotment shall not be liable to any tribal tax, but when cattle are introduced into the Creek Nation and grazed on lands not selected for allotment by citizens, the Secretary of the Interior shall collect from the owners thereof a reasonable grazing tax for the benefit of the tribe, and section 2117 of the Revised Statutes of the United States shall not hereafter apply to Creek lands." " 6

§ 675. Cattle grazing regulated.-[18]. When cattle are introduced into the Creek Nation to be grazed upon either lands not selected for allotment or upon lands allotted or selected for allotment the owner thereof, or the party or parties so introducing the same, shall first obtain a permit from the United States Indian agent, Union Agency,

• Moore v. Sawyer (C. C.) 167 Fed. 826; Muskogee Land Co. v. Mullins, 165 Fed. 179, 91 C. C. A. 213, 16 Ann. Cas. 387, affirming Muskogee Land Co. v. Mullins, 7 Ind. T. 189, 104 S. W. 586; Morrison v. Burnette, 154 Fed. 617, 83 C. C. A. 391; Scherer v. Hulquist (Okl.) 130 Pac. 544; Groom v. Wright, 30 Okl. 652, 121 Pac. 215; Williams v. Williams, 22 Okl. 672, 98 Pac. 909.

authorizing the introduction of such cattle. The application for said permit shall state the number of cattle to be introduced, together with a description of the same, and shall specify the lands upon which said cattle are to be grazed, and whether or not said lands have been selected for allotment. Cattle so introduced and all other live stock owned or controlled by noncitizens of the nation shall be kept upon inclosed lands, and if any such cattle or other live stock trespass upon lands allotted to or selected for allotment by any citizen of said nation, the owner thereof shall, for the first trespass, make reparation to the party injured for the true value of the damages he may have sustained, and for every trespass thereafter double damages, to be recovered with costs, whether the land upon which trespass is made is inclosed or not.

Any person who shall introduce any cattle into the Creek Nation in violation of the provisions of this section shall be deemed guilty of a misdeameanor and punished by a fine. of not less than $100, and shall stand committed until such fine and costs are paid, such commitment not to exceed one day for every $2 of said fine and costs; and every day said cattle are permitted to remain in said nation without a permit for their introduction having been obtained shall constitute a separate offense.

§ 676. Each allottee to be put in possession.-[19]. Section 8 of the agreement ratified by said Act of March 1, 1901, is amended and as so amended is re-enacted to read as follows:

"The Secretary of the Interior shall, through the United States Indian agent in said territory, immediately after the ratification of this agreement, put each citizen who has made selection of his allotment in unrestricted possession of his land and remove therefrom all persons objectionable to him; and when any citizen shall thereafter make selection of his allotment as herein provided and receive certificate therefor, he shall be immediately thereupon so placed

in possession of his land, and during the continuance of the tribal government the Secretary of the Interior, through such Indian agent, shall protect the allottee in his right to possession against any and all persons claiming under any lease, agreement, or conveyance not obtained in conformity to law."

§ 677. Not to repeal original agreement except where in conflict. [20]. This agreement is intended to modify and supplement the agreement ratified by said Act of Congress approved March 1, 1901, and shall be held to repeal any provision in that agreement or in any prior agreement, treaty, or law in conflict herewith."

§ 678. Agreement to be binding when ratified.—[21]. This agreement shall be binding upon the United States and the Creek Nation, and upon all persons affected thereby when it shall have been ratified by Congress and the Creek National Council, and the fact of such ratification shall have been proclaimed as hereinafter provided.

§ 679. Submission to Creek Council.-[22]. The principal chief,.as soon as practicable after the ratification of this agreement by Congress, shall call an extra session of the Creek Nation Council and submit this agreement, as ratified by Congress, to such council for its consideration, and if the agreement be ratified by the National Council, as provided in the constitution of the tribe, the principal chief shall transmit to the President of the United States a certified copy of the act of the council ratifying the agreement, and thereupon the President shall issue his proclamation making public announcement of such ratification; thenceforward all the provisions of this agreement shall have the force and effect of law.

Approved June 30, 1902, ratified by the Creeks July, 1902, and proclaimed by the President August 8, 1902.

United States v. Shock (C. C.) 187 Fed. 862.

CHAPTER 49

ORIGINAL SEMINOLE ALLOTMENT AGREEMENT, APPROVEI) JULY 1, 1898 AND AMENDMENT THEREOF

(CHAPTER 542, 30 Stat. 567)

$ 680. Preamble to Seminole Agreement.

681. Allotment of Seminole Lands-Restrictions upon alienation. 682. Leases Agricultural and mineral.

683. Former townsite act of Seminole Council ratified-Patents to issue when.

684. Appropriation for Seminoles.

685.

Reservation for church purposes.

Patents to issue to Seminole allottees when tribal government

ceases.

686.

687. Homestead Restrictions upon

- Alienation and Exemption

from Taxation.

688.

689.

Final disposition of Seminole affairs.

Jurisdiction conferred upon United States court.

690. General provisions.

691. Seminole government to expire and patents to be issued. 692. Seminole homestead to be inalienable during lifetime of allottee.

§ 680. Preamble to Seminole Agreement.-Whereas an agreement was made by Henry L. Dawes, Tams Bixby, Frank C. Armstrong, Archibald S. McKennon, Thomas B. Needles, the Commission of the United States to the Five Civilized Tribes, and Allison L. Aylesworth, secretary, John F. Brown, Okchan Harjo, William Cully, K. N. Kinkehee, Thomas West, Thomas Factor, Seminole Commission, A. J. Brown, secretary, on the part of the Seminole Nation of Indians on December sixteenth, eighteen hundred and ninety-seven, as follows:

This agreement by and between the government of the United States, of the first part, entered into in its behalf by the Commission to the Five Civilized Tribes, Henry L. Dawes, Tams Bixby, Frank C. Armstrong, Archibald S. McKennon, and Thomas B. Needles, duly appointed and authorized thereunto, and the government of the Seminole

Nation in Indian Territory, of the second part entered into on behalf of said government by its commission, duly appointed and authorized thereunto, viz, John F. Brown, Okchan Harjo, William Cully, K. N. Kinkehee, Thomas West, and Thomas Factor;

Witnesseth that in consideration of the mutual undertakings herein contained it is agreed as follows:

§ 681. Allotment of Seminole lands-Restrictions upon alienation. All lands belonging to the Seminole Tribe of Indians shall be divided into three classes, designated as first, second, and third class; the first class to be appraised at five dollars, the second class at two dollars and fifty cents, and the third class at one dollar and twenty-five cents per acre, and the same shall be divided among the members of the tribe so that each shall have an equal share thereof in value, so far as may be, the location and fertility of the soil considered; giving to each the right to select his allotment so as to include any improvements thereon, owned by him at the time; and each allottee shall have the sole right of occupancy of the land so allotted to him, during the existence of the present tribal government, and until the members of said tribe shall have become citizens of the United States. Such allotments shall be made under the direction and supervision of the Commission to the Five. Civilized Tribes in connection with a representative appointed by the tribal government; and the chairman of said Commission shall execute and deliver to each allottee a certificate describing therein the land allotted to him.

All contracts for sale, disposition, or encumbrance of any part of any allotment made prior to date of patent shall be void.

Any allottee may lease his allotment for any period not exceeding six years, the contract therefor to be executed in triplicate upon printed blanks provided by the tribal government, and before the same shall become effective it shall