rights in one tribe only, and may elect in which tribe he will take such right; but if he fail or refuse to make such selection in due time, he shall be enrolled in the tribe with whom he has resided, and there be given such allotment as distributions, and not elsewhere.

No person shall be enrolled who has not heretofore removed to and in good faith settled in the nation in which he claims citizenship;

Provided, however, That nothing contained in this Act shall be so construed as to militate against any rights or privileges which the Mississippi Choctaws may have under the laws of or the treaties with the United States.

Said commission shall make such rolls descriptive of the persons thereon, so that they may be thereby identified, and it is authorized to take a census of each of said tribes, or to adopt any other means by them deemed necessary to enable them to make such rolls. They shall have access to all rolls and records of the several tribes and the United States court in the Indian Territory shall have jurisdiction to compel the officers of the tribal governments and custodians of such rolls and records to deliver same to said commission, and on their refusal or failure to do so to punish them as for contempt; as also to require all citizens of said tribes, and persons who should be so enrolled to appear before said commission, and to enforce obedience of all others concerned, so far as the same may be necessary, to enable said commission to make rolls as herein required, and to punish any one who may in any manner or by any means obstruct said work.

The rolls so made, when approved by the Secretary of the Interior shall be final, and the persons whose names are found thereon with their de scendants, thereafter born to them, with such persons as intermarry according to tribal laws, shall alone constitute the several tribes which represent. The members of said commission shall, in performing all duties required of them by law, have authority to administer oaths, examine witnesses, and send for persons and papers; and any person who shall willfully and knowingly make any false affidavit or oath to any material fact or matter before any member of said commission, or before any other officer authorized to administer oaths, to any affidavit or other paper to be filed or oath taken before said commission, shall be deemed guilty of perjury, and on conviction thereof, shall be punished as for such offense.

Sec. 22. That where members of one tribe, under intercourse laws, usages, or customs, have made homes within the limits and on the lands of another tribe they may retain and take allotment, embracing same under such agreement as may be made between such tribes respecting such settlers; but if no such agreement be made the improvements so made shall be appraised, and the value thereof including all damages incurred by such settler incident to enforced removal, shall be paid to him immediately upon removal, out of any funds belonging to the tribe, or such settler, if he so desires, may make private sale of his improvements to any citizen of the tribe owning the lands;

Provided, That he shall not be paid for improvements made on lands in excess of that to which he, his wife, and minor children are entitled to under this Act.

Sec. 23. That all leases of agricultural or grazing land belonging to any tribe made after the first day of January, eighteen hundred and ninetyeight, by the tribe or any member thereof shall be absolutely void, and all such grazing leases' made prior to said date shall terminate on the first day of April, eighteen hundred and ninety-nine, and all such agricultural leases shall terminate on January first, nineteen hundred; but this shall not prevent individuals from leasing their allotments when made to them as provided in this Act, nor from occupying or renting their apportionate shares of the tribal lands until the allotments herein provided for are made.

Sec. 24. That all moneys paid into the United States Treasury at Saint

Louis, Missouri, under the provisions of this Act shall be placed to the credit of the tribe to which they belong; and the assistant United States Treasurer shall give triplicate receipts therefor to the depositor.

Sec. 25. nat before any allotment shall be made of lands in the Cherokee Nation, there shall be segregated therefrom by the commission heretofore mentioned, in separate allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agreement of April eighth, eighteen hundred and sixty-seven, subject to the judicial determination of the rights of said descendants and the Cherokee Nation under said agreement.

That the elaware Indians, residing in the Cherokee Nation, are hereby authorized and empowered to bring suit in the Court of Claims of the United States, within sixty days after the passage of this Act, against the Cherokee Nation, for the purpose of determining the rights of said Delaware Indians in and to the lands and funds of said Nation under their contract and agreement with the Cherokee Nation dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may bring a like suit against the Delaware Indians; and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of appeal to either party to the Supreme Court of the United States.

Sec. 26. That on and after the passage of this Act the laws of the various tribes or Nations of Indians shall not be enforced at law or in equity by the courts of the United States in the Indian Territory.

Sec. 27. That the Secretary of the Interior is authorized to locate one Indian inspector in the Indian Territory, who may, under his authority and direction, perform any duties required of the Secretary of the Interior by law, relating to affairs therein.

Sec. 28. That on the first day of July, eighteen hundred and ninetyeight, all tribal courts in the Indian Territory shall be abolished, and no officer of said courts shall thereafter have any authority whatever to do or perform any act theretofore authorized by any law in connection with said courts, or to receive any pay for same; and all civil and criminal causes then pending in any such court shall be transferred to the United States court in said Territory by filing with the clerk of the court the original papers in the suit;

Provided, That this section shall not be in force as to the Chickasaw, Choctaw, and Creek Tribes or Nations until the first day of October, eighteen hundred and ninety-eight.

COMMANCHE, KIOWA, and APACHE AGREEMENT

JUNE 6, 1900.

SUMMARY.

Preamble.
Art. I.

Art. II.

Art. III.

Art. IV.

Art. V.

Art. VI.

Art. VIII.

Art. IX.

Art. X.

Art. XI.

Relinquishment of title to land.
Consideration.

Land set aside for religious and public uses.
Periods in which allotments shall be made.

Titles to be held in trust.

Distribution of funds.

Governing allotments.

Confining leases.

Rights and privileges to certain individuals.

Provision for ratification, and power delegated to Secretary of the Interior, to direct allotments, etc.

David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, duly appointed Commissioners on the part of the United States, did, on the sixth day of October, eighteen hundred and ninety-two conclude an agreement with the Commanche, Kiowa, and Apache Tribes of Indians in Oklahoma, formerly a part of the Indian Territory, which said agreement is in the words and figures as follows:

"Articles of agreement made and entered into at Fort Sill, in the Indian Territory, on the twenty-first day of October, eighteen hundred and ninetytwo, by and between David H. Jerome, Alfred M. Wilson and Warren G. Sayre, Commissioners on the part of the United States, and the Commanche, Kiowa, and Apache Tribes of Indians in the Indian Territory.

ARTICLE I.

Subject to the allotment of land in severalty to the individual members of the Commanche, Kiowa, and Apache Tribes of Indians in the Indian Territory, as hereinafter provided for, and subject to the setting apart as grazing lands for said Indians, four hundred and eighty thousand acres f land for said Indians, four hundred and eighty thousand acres of land as hereinafter provided for, and subject to the conditions hereinafter imposed, and for the consideration hereinafter mentioned, the said Commanche, Kiowa, and Apache Tribes of Indians hereby cede, convey, transfer, relinquish and surrender, forever and absolutely, without any reservation whatever, express or implied, all their claim, title and interest, of every kind and character, in and to the lands embraced in the following described tract of country in River crosses the ninety-eighth meridian west from Greenwich; thence up the Indian Territory, to-wit: Commencing at a point where the Washita the Washita River in the middle of the main channel thereof, to a point thirty miles, by river, west of Fort Cobb, as now established; thence due

west to the north fork of the Red River, provided said line strikes said river east of the one hundredth meridian of west longitude; if not, then only to said meridian line, and thence due south on said meridian line, to the said north fork of Red River; thence down said North Fork, in the middle of the main channel thereof from the point where it may be first intersected by the line above described, to the main Red River; thence down said Red River, in the middle of the main channel thereof, to its intersection with the ninety-eighth meridian of longitude west from Greenwich; thence north, on said meridian line, to the place of beginning.

ARTICLE II.

Out of the lands ceded, conveyed, transferred, relinquished, and surrendered by Article I hereof, and in part consideration for the cession thereof, it is agreed by the United States that each member of said Commanche, Kiowa, and Apache Tribes of Indians over the age of eighteen (18 years shall have the right to select for himself or herself one hundred and sixty (160) acres of land to be held and owned in severalty, to conform to the legal surveys in boundary; and that the father, or, if he be dead. the mother, in members of either of said tribe of Indians, shall have the right to select a like amount of land for each of his or her children under the age of eighteen (18) years; and that the Commissioner of Indian Affairs. or some one by him appointed for the purpose, shall select a like amount of land for each orphan child belonging to either of said tribes under the age of eighteen (18) years.

ARTICLE III.

That in addition to the allotment of lands to said Indians as provided for in this agreement, the Secretary of the Interior shall set aside for the use in common for all Indian Tribes four hundred and eighty thousand acres of grazing lands, to be selected by the Secretary of the Interior, either in one or more tracts as will best subserve the interest of said Indians. It is hereby further expressly agreed that no person shall have the right to make his or her selection of land in any part of said reservation that is now used or occupied for military, agency, school, school farm, religious. or other public uses, or in sections sixteen (16) and thirty-six (36) in each Congressional Township, except in cases where any Commanche, Kiowa, or Apache Indian has heretofore made improvements upon and now uses and occupies a part of said sections sixteen (16) and thirty-six (36), such Indian may make his or her selection within the boundaries so prescribed so as to include his or her improvements. It is further agreed that wherever in said reservation any Indian, entitled to take lands in severalty hereunder. has made improvements, and now uses and occupies the land embracing such improvements, such Indian shall have the undisputed right to make his or her selection within the areas above provided for allotments, so as to include his or her said improvements.

It is further agreed that said sections sixteen (16) and thirty-six (36) in each Congressional township in said reservation shall not become subject to homestead entry but shall be held by the United States and finally sold for public school purposes; it is hereby further agreed that wherever in said reservation any religious society or other organization is now occupying any portion of said reservation for religious or educational work among the Indians, the land so occupied may be allotted and confirmed to such society or organization, not, however, to exceed one hundred and sixty (160) acres of land to any one society or organization so long as the same shall be so occupied and used; and such land shall not be subject to homestead entry.

ARTICLE IV.

All allotments hereunder shall be selected within ninety days from the ratification of this agreement by the Congress of the United States. Provided, The Secretary of the Interior, in his discretion may extend the time for making such selection; and should any Indian entitled to allotments hereunder fail or refuse to make his or her selection of land in that time, then the allotting agent in charge of the work of making such allotments, shall within the next thirty (30) days after said time, make allotments to such Indians, which shall have the same force and effect as if the selection were made by the Indian.

ARTICLE V.

When said allotments of land shall have been selected and taken as aforesaid and approved by the Secretary of the Interior, the titles thereto shall be held in trust for the allottees, respectively, for the period of twentyfive years, in the time and manner and to the extent provided for in the act of Congress entitled "An Act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend to the protection of the laws of the United States and Territories over the Indians, and for other purposes, approved February 8, 1887, and an act amendatory thereof, approved, February 28, 1891.

And at the expiration of the said period of twenty-five (25) years the titles thereto shall be conveyed in fee simple to the allottees or their heirs, free from all incumbrances.

ARTICLE VI.

As a further and only additional consideration for the cession of territory and relinquishment of title, claim, and interest in and to the lands as aforesaid, the United States agrees to pay to the Commanche, Kiowa, and Apache Tribes of Indians, in the Indian Territory, the sum of two million dollars, as follows: Five hundred thousand dollars to be distributed per capita to the members of said tribes at such times and in such manner as the Secretary of the Interior shall deem to be the best interests of said Indians, which sum is hereby appropriated out of any fund in the Treasury not otherwise appropriated; and any part of the same remaining unpaid shall draw interest at the rate of five per centum while remaining in the Treasury, which interest shall be paid to the Indians annually per capita; and the remaining one million five hundred thousand dollars to be retained in the treasury of the United States, placed to the credit of said Indians, and while so retained to draw interest at the rate of five per centum per annum, to be paid to the said Indians per capita annually.

Nothing herein contained shall be held to affect in any way any annuities due to said Indians under existing laws, agreements, or treaties.

ARTICLE VIII.

It is further agreed that wherever is said reservation any member of any of the tribes of said Indians has, in pursuance of any laws or under any rules or regulations of the Interior Department taken an allotment, such allotment, at the option of the allottee, shall be confirmed and governed by all the conditions attached to allotments taken under this agree

ment.

ARTICLE IX.

It is further agreed that any and all leases made in pursuance of the laws of the United States of any part of said reservation which may be in