tary of the said national council, with the approval of the principal chief of the Seminole Nation, shall convey the tracts of land so selected and reported in trust to the said commissioners, who shall have the general management of the said town.

The said commission shall have power to sell or lease the said town lots upon such terms and conditions and for such considerations as they may deem proper, and to execute leases as in their judgment may be for the best interests of the said town, the Seminole Nation, and people: Provided, that no sale shall be made to noncitizens, whether Indians by blood or otherwise, until the tribal organization as such shall cease to exist: And provided, that no transfer of the title of lots shall be made to any person or persons, except upon the condition that a building or buildings, or other valuable improvements, shall be erected thereon within six months from date of lease or purchase of such lot or lots: Provided, that said commissioners may in their discretion, for good cause shown, extend the time for the completion of such building, buildings, or improvements.

§ 701. Commissioners required to keep record.―[5]. That said commission shall keep a record of all lots and blocks sold, leased, or otherwise disposed of by them, and they shall pay over to the treasurer of the Seminole Nation once every six months the net proceeds of sales of the aforesaid three-fourths interest in said town: Provided, that the aforesaid one-fourth interest belonging to person or persons who may be entitled to the same as aforesaid shall be conveyed to such person or persons aforesaid, and said person or persons shall have the exclusive management and control of the same, and may lease, sell, or convey the same upon the terms and conditions as hereinbefore provided for the disposition of other lots and blocks. The said commissioners shall be allowed pay for their services in the management of the town, and on sales of lots five per centum of all moneys that may be received on account of such sales or leases.

§ 702. Appointment of officers authorized.-[6]. That said commissioners are hereby authorized to appoint a city marshal for the said town of Wewoka, who shall have the power to arrest all offenders and disturbers of the peace and protect the lives and property of the people. The said marshal shall execute a bond in such sum as said commission may prescribe for the faithful performance of his duty, and he may be removed from office by said commission for good and sufficient cause. The said commission shall also have the right to appoint a city attorney and police judge for such time and upon such terms and conditions as they may prescribe. They shall also have the power, when the population of said town is two hundred or more, to organize a city government for the said town and provide for the election of a mayor and city council in such manner and upon such terms and conditions as they may prescribe, and they shall fix the salaries or designate the fees to be paid to each of the city officers, subject to the approval of the national council. The said commission shall have the right to levy and collect taxes in said town for the purpose of maintaining a city government and making such improvements as they may deem necessary: Provided, that no taxes shall be levied or collected on the lots in said town during the existence of the Indian government.

§ 703. Wewoka made capital of Seminole Nation.-[7]. That the town of Wewoka shall, and is hereby, declared to be the capital and seat of government of the Seminole Nation, and shall remain as such so long as the present tribal organization exists.

§ 704. Townsite act to take effect upon its passage.[8]. This act shall take effect and be in force from and after its passage.

Approved April 23, 1897.

(See section 683.)

JOHN F. BROWN,

Principal Chief.

CHAPTER 52

ACT APRIL 26, 1906-AN ACT TO PROVIDE FOR THE FINAL DISPOSITION OF THE AFFAIRS OF THE FIVE CIVILIZED TRIBES IN THE INDIAN TERRITORY, AND FOR OTHER PURPOSES

$705. Citizenship. 706. Citizenship.

707. Freedmen.

(CHAPTER 1876, 34 STAT. 137)

708. Transfers from freedmen to tribal rolls prohibited.
709. Patents or deeds to vest title in heirs or assignee.

Governor or principal chief may be removed.
Certain reservations authorized.

710.

711.

716.

Secretary to sell certain tribal lands and property.

717. Coal and asphalt lands reserved.

718. Conveyance of land reserved to railway companies. 719. Secretary to sell buildings and property of tribes. 720. Freedmen-Certain preference rights given to.

721. Disposition of tribal funds.

722. Secretary authorized to collect tribal funds.

723.

724.

Extension of restrictions on alienation by full-blood allottees.
Leases by full-blood allottees.

725. Conveyances before patent not to be held invalid.

731. Public Roads-Choctaw, Chickasaw and Seminole Nations. 732. Right of eminent domain conferred.

733. Street improvements authorized.

734.

Taxation of railway property authorized. 735. Tribal lands not to become public lands.

736. Tribal existence continued.

737. Acts in conflict with repealed.

§ 705. Citizenship.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that after the approval of this act no person shall be enrolled as a citizen or freedman of the

Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes of Indians in the Indian Territory, except as herein otherwise provided, unless application for enrollment was made prior to December first, nineteen hundred and five, and the records in charge of the Commissioner to the Five Civilized Tribes shall be conclusive evidence as to the fact of such application; and no motion to reopen or reconsider any citizenship case, in any of said tribes, shall be entertained unless filed with the Commissioner to the Five Civilized Tribes within sixty days after the date of the order or decision sought to be reconsidered except as to decisions made prior to the passage of this act, in which cases such motion shall be made within sixty days after the passage of this act: Provided, that the Secretary of the Interior may enroll persons whose names appear upon any of the tribal rolls and for whom the records in charge of the Commissioner to the Five Civilized Tribes show application was made prior to December first, nineteen hundred and five, and which was not allowed solely because not made within the time prescribed by law.1

§ 706. Citizenship.-[2]. That for ninety days after approval hereof applications shall be received for enrollment of children who were minors living March fourth, nineteen hundred and six, whose parents have been enrolled as members of the Choctaw, Chickasaw, Cherokee, or Creek Tribes, or have applications for enrollment pending at the approval hereof, and for the purpose of enrollment under this section illegitimate children shall take the status of the mother, and allotments shall be made to children so enrolled. If any citizen of the Cherokee Tribe shal! fail to receive the full quantity of land to which he is entitled as an allotment, he shall be paid out of any of the funds of such tribe a sum equal to twice the appraised va!ue of the amount of land thus deficient. The provisions of

1 Garfield v. United States ex rel. Goldsby, 211 U. S. 249, 29 Sup. Ct. 62, 53 L. Ed. 168.

section nine of the Creek Agreement ratified by Act approved March first, nineteen hundred and one, authorizing the use of funds of the Creek Tribe for equalizing allotments, are hereby restored and re-enacted, and after the expiration of nine months from the date of the original selection of an allotment of land in the Choctaw, Chickasaw, Cherokee, Creek, or Seminole Tribes, and after the expiration of six months from the passage of this act as to allotments heretofore made, no contest shall be instituted against such allotment: Provided, that the rolls of the tribes affected by this act shall be fully completed on or before the fourth day of March, nineteen hundred and seven, and the Secretary of the Interior shall have no jurisdiction to approve the enrollment of any person after said date: Provided further, that nothing herein shall be construed so as to hereafter permit any person to file an application for enrollment in any tribe where the date for filing application has been fixed by agreement between said tribe and the United States: Provided, that nothing herein shall apply to the intermarried whites in the Cherokee Nation, whose cases are now pending in the Supreme Court of the United States.2

§ 707. Freedmen. [3]. That the approved roll of Creek freedmen shall include only those persons whose names appear on the roll prepared by J. W. Dunn, under authority of the United States prior to March fourteenth, eighteen hundred and sixty-seven, and their descendants born since said roll was made, and those lawfully admitted to citizenship in the Creek Nation subsequent to the date of the preparation of said roll, and their descendants born since such admission, except such, if any, as have heretofore

2 Gritts v. Fisher, 224 U. S. 640, 32 Sup. Ct. 580, 56 L. Ed. 928; United States ex rel. Lowe v. Fisher, 223 U. S. 95, 32 Sup. Ct. 196, 56 L. Ed. 364; Cherokee Nation & United States v. Whitmire, 223 U. S. 108, 32 Sup. Ct. 200, 56 L. Ed. 370; Fleming v. McCurtain, 215 U. S. 57, 30 Sup. Ct. 16, 54 L. Ed. 88; Muskrat v. United States, 219 U. S. 346, 31 Sup. Ct. 250, 55 L. Ed. 246.