ACTS OF FORTY-SECOND CONGRESS-FIRST SESSION, 1872. CHAP. 157.-An Act to carry out certain provisions of the Cherokee treaty of eighteen hundred and sixty-six, and for the relief of settlers on the Cherokee lands in the State of Kansas. a Whereas in order that certain provisions of the treaty of July nineteenth, eighteen hundred and sixty-six, between the United States and the Cherokee nation may be rendered clearer, and made more satisfactory to settlers upon the lands known as the "Cherokee strip," in the State of Kansas, said settlers having moved thereon since the date of said treaty, and for the purpose of facilitating the sale of said lands: Therefore, May 11, 1872. 17 Stat., 98. Preamble. 14 Stat., 799. lands in Kansas to be surveyed and offered Certain Cherokee for sale. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the strip of land lying west of the Neosho River, and included in the State of Kansas, conveyed to the Cherokee nation of Indians by the United States, and now belonging to said nation, shall be surveyed, under the direction of the Commissioner of the General Land-Office, in the same manner as the public lands of the United States are surveyed, and shall be by him offered for sale under the provisions and restrictions of this act; and all the lands in said tract lying east of the Arkansas River shall be sold at two dollars per acre, and all lands in said tract lying west of said river shall be sold at one dollar and fifty cents per acre, except as hereinafter provided: Provided, That, where there is a fraction of land less than forty acres, the same shall be sold with the contiguous tract, expense of survey to be paid out of the proceeds of said land, in accordance with the treaty of July ninth [nineteenth], Vol. 2, p. 724. eighteen hundred and sixty-six. SEC. 2. That each person being the head of a family or over twentyone years of age who has made a bona-fide settlement and improvement upon any portion of said lands, and is now occupying the same, or, in case of his or her death, the heirs of such, or, if such heirs are minors, their guardians for them, shall be entitled to enter and pur a Sales of Cherokee lands: By the above act the sale of what is known as the Public Land Strip was authorized. The act of February 28, 1877, post, p. 172, authorized the sale of the balance of the strip then remaining at a reduced price. The old Cherokee Reservation in Arkansas was sold under the provisions of the act of July 2, 1886 (24 Stat., 121). By the act of May 2, 1890 (26 Stat., 82 and 86), the Public Land Strip was made a part of Oklahoma, and the jurisdiction of courts therein defined. The act of March 3, 1893, post, p. 489, provided for the sale of the Cherokee Outlet. Trust funds: By the various acts relative to the sales of land referred to above, provision is also made for the investment and disposal of the proceeds. Their funds are further affected by the acts of February 14, 1873, post, p. 141, and March 3, 1873, post, p. 142, relative to the Osage purchase; March 3, 1875 (18 Stat., 447), and August 15, 1876, post, p. 167, relative to the funds of the Eastern Cherokee; October 19, 1888, post, p. 299, provides for the distribution between the Cherokee and the freedmen and adopted members of the tribe; August 4, 1892, post, p. 457, provides for the payment of annual taxes on community lands of the Eastern Band from their trust funds. Claims: The claims in which the Cherokee have been from time to time involved have, by various acts, been referred to the Court of Claims for adjudication. These are the acts of March 3, 1883, post, p. 216; February 25, 1889, post, p. 316; October 1, 1890, post, p. 372; July 6, 1892, post, p. 446; March 2, 1895, post, p. 558; June 28, 1898, sec. 25, ante, p. 100. Miscellaneous: The leasing of salt deposits on Cherokee lands in the Indian Territory is permitted by act of August 7, 1882, post, p. 214. The act of March 2, 1889, authorizes the appointment of commissioners, with authority to make agreements with the Cherokee for the cession of lands in the Indian Territory west of the 96th degree, and provides for the disposal of such land as may be ceded. By the general allotment act of 1887 the Cherokee were expressly excluded from its provisions. The act of March 3, 1893, section 15, post, p. 498, authorizes allotments not to exceed 160 acres to an individual. The act of June 28, 1898, chapter 517, ante, p. 98, provides for the enrollment of the Cherokee. The act of March 1, 1901, post, p. 715, ratifying the agreement made with the Dawes Commission contains numerous provisions relative to the tribe and their lands. See, also, the act of July 1, 1902, post, p. 787. Price. Fractions than 40 acres. of less Heads of families, etc., settlers, etc.,upon these lands may enter 160 acres. and purchase not over 29 Apr., 1874, c. 137, 8. 2, 18 Stat., 41. Heads of families, etc., who may settle, etc., within one year. Lands not sold with in, etc., to be sold, on sealed bids, after, etc. chase the lands so settled upon and occupied, not exceeding one Price and payment. hundred and sixty acres, at the price fixed in the first section of this act, payment for which shall be made at any time within one year from the date of the approval by the Secretary of the Interior of the acceptance of the provisions of this act, as provided for in the fifth section hereof; and all persons heads of families or over twenty-one years of age who may settle upon said lands at any time within one year from the date of the passage of this act, may purchase the land so settled upon, not exceeding one hundred and sixty acres, at the price fixed in the first section of this act, and shall make payment therefor within one year from the date of said settlement: Provided, That all lands not sold under the foregoing provisions of this section, and all lands settled upon but unpaid for at the expiration of the limitation named in the foregoing provisions of this act, shall, unless such payment be suspended by reason of contest or appeal, be sold by the Secretary of the Interior, on sealed bids, after due advertisement, in tracts not exceeding one hundred and sixty acres, and at not less than the price Proof of settlement, fixed in the first section of this act: Provided further, That proof of settlement, entry, and payment shall be made at the land-office of the proper district, under such regulations as the Commissioner of the GenTown-site laws eral Land-Office shall prescribe: And provided further, That the townsite laws shall be, and hereby are, extended to and made applicable to said lands, subject to the provisions of this act: And provided further, Public advertise- That the Secretary of the Interior may cause public advertisement to be made of the provisions of this act. entry, and payment. made applicable. ment. Certain Cherokee citizens, etc., to re ceive proceeds of sales of certain lands. Proceeds of sales invested. SEC. 3. That any Cherokee citizen, or the heirs-at-law of such who had rights under the Cherokee laws to any portion of said lands, and whose titles were valid at the date of the treaty of eighteen hundred and sixty-six, and who may be able to establish such validity within one year from the date of the passage of this act, under such rules as the Secretary of the Interior may prescribe, shall receive the proceeds of the sale of such identical lands, not exceeding one hundred and sixty acres, instead of their being invested as hereinafter provided for in the fourth section of this act. SEC. 4. That all moneys accruing from the sales of land under this under this act to be act shall, without unnecessary delay, be invested in the registered five per centum bonds of the United States, as provided in the twenty-third article of the treaty of eighteen hundred and sixty-six. Vol. 2, p. 730. Sales not to be made until provisions of this SEC. 5. That the sale of said lands, as hereinbefore provided for, act are accepted by shall not take place until the provisions of this act are accepted by the Cherokee national Cherokee national council, or by a delegation duly authorized thereby; Accepted by dele- which acceptance shall be filed with the Secretary of the Interior, and, gates May 12, 1872 (see when approved by him, the same shall be final and conclusive. council, etc. Cherokee, I, 79). Approved, May 11, 1872. May 29, 1872. 17 Stat., 165. 1863, c. 53, ante, p. p. 127. CHAP. 233.-An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirty, eighteen hundred and seventy-three, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated: To enable the Secretary of the Interior to carry into effect the the 125 1870, c. 296, ante, ninth and tenth sections of the act of July fifteen, eighteen hundred and seventy, making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June thirty, eighteen. Civilization of Indians on White Earth Reservation. Chippewa to con SEC. 3. For this amount, or so much thereof as may be necessary, to enable the Secretary of the Interior to carry on the work of aiding and instructing the Indians on the White Earth reservation, in sent to Otter Tail band Minnesota, in the arts of civilization, with a view to their self-support, thereon. of Pillagers settling conditioned upon the assent of the Mississippi band of Chippewas, History of Otterfirst expressed in open council in the usual manner, to the settlement Luse's report of Auof the Otter-Tail band of Pillagers upon the White Earth reservation, ust 10, 1882 (No. with equal rights in respect to the lands within its boundaries, twentyfive thousand dollars. NOTE.-Indians consent, July 4, 1872. (See Chippewa, S. 21.) CHAP. 262.-An act to authorize the Secretary of the Interior to make partition of the reservation to Me-shin-go-me-sia, a Miami Indian." Tails. See Agent See note to 1889, c. 24, post, p. 301. June 1, 1872. 17 Stat., 213. Partition to be made trust for the band of 30 Ind., 402; 126 Ind., 325; 25 N. E. Rep., 548. Vol. 2, p. 394. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed, on writ- of the reservation in ten application of the chief of said band being first filed in his office, Me-shin-go-me-sia. to cause partition to be made of the reservation in trust for the band of Me-shin-go-me-sia, of ten sections of land made by the seventh article of the treaty between the United States and the Miami tribe of Indians, entered into on the twenty-eighth day of November, eighteen hundred and forty, and by the Senate amendment thereto; and the United States hereby release to said band all right of purchase of said reservation. The expenses of said partition to be paid by said band, and the amount to be deducted by the Secretary of the Interior from any annuities or other moneys due or to become due the several a Other legislation relative to the Miami is as follows: The acts of March 3, 1873, post, p. 145, June 23, 1874, ch. 472, 18 Stat., 273, and May 15, 1882, post, p. 197, provide for the sale of the old reservation in Kansas and the union with the Wea, Peoria, Kaskaskia, and Piankashaw, under the name of the United Peoria and Miami. The act of January 23, 1873, post, p. 140, authorizes the Kansas legislature to remove restrictions upon the sale of Miami land, their taxation, etc., when such land may have been conveyed to a white person. The act of March 3, 1881, post, p. 191, provides for a census and per capita distribution of all funds of the Miami of Indiana. (See also the additional payment. authorized by 28 Stat., 903.) The act of March 2, 1889, post, p. 344, provided for allotments in severalty to the United Peoria and Miami in Indian Territory, restricting the alienation of land allotted, and referred the claims of citizens, members of the tribes, to the Court of Claims. It also provided for the sale of surplus lands after twenty-five years. Partial alienation of allotments is provided by June 7, 1897, post, p. 620, alienation by heirs of deceased allottees is permitted by May 31,1900, post, p. 702; and the restriction upon the disposal of surplus lands is repealed by May 27, 1902, post, p. 752. released. Right to purchase tion." persons to whom partition shall be made: Provided, That any costs or expenses made by claimants who shall not be found entitled to share in said lands shall not be a lien thereon, but shall be paid by said claimants, to be retained by said Secretary out of any moneys that may be due or become due them from the United States: And If chief fails to make provided further, That if from any cause the chief of said band shall application, within, fail to make said written application within six months next after the passage of this act any person or persons interested in said lands may make the same. Names of members of band, Nov. 28, 1810 partition made to sur to be ascertained, and vivors, etc. SEC. 2. That the Secretary of the Interior shall ascertain, by name, what persons constituted the band of Me-shin-go-me-sia on the twentyeighth day of November, anno Domini eighteen hundred and forty, and then shall proceed to make partition of said reserved land per capita, share and share alike in value, to the survivors of said band, and to their descendants, and to descendants of those who were memCertain persons in- bers of said band at said date, but who have since deceased. He shall termarried to be included in list. also include in said partition-list those persons of Miami blood not of said band, but who have intermarried with a member of said band, and who may be living at the date of said partition. In making said partition-lists the Secretary of the Interior is authorized to take or cause to be taken such testimony as he may deem necessary with the information now in his office, to enable him to discharge his duties Testimony, how to under this act. Such testimony may be taken before any person authorized to take and certify depositions under the law of the State of Indiana. The testimony to be taken on said reservation. be taken. Homes and improvements. ments. Copies to be sent to diana. Patents to issue. SEC. 3. That in the partition of said reservation the homes and improvements of the several persons entitled under section two of this act shall be set apart to the occupants as far as can be done in justice Value of improve to all the parties in interest, the value of said improvements not in any case to be estimated where the same shall be on land awarded to the person who made or caused them to be made, the corners of the several tracts to be distinctly marked and witnessed, and a record kept thereof auditors of Grant and and filed in the office of the Secretary of the Interior; and certified Wabash counties, In- copies thereof and of the lists so made, as heretofore provided, to be forwarded to and filed in the offices of the auditors of Grant and Wabash counties, in the State of Indiana, where said land lies. The Secretary of the Interior shall, so soon as said partition is made, cause patents to issue to the several persons to whom partition is made under this act, conveying in fee to each the tract of land so set apart to him or her, which shall entitle the owner thereof to the use, occupancy, and subject to laws of de- control of the same against all claims whatsoever: Provided, That after the date of partition the said lands shall become subject to the laws of descent of the State of Indiana the same as other lands in said State. SEC. 4. That said lands shall never be subject, in any time to come, to any debt contracted, the consideration of which passed, in whole or in part, prior to the date of partition thereof; nor shall said lands be subject to levy, sale, forfeiture, or mortgage, nor to any lease for a longer period at any one time than three years (to be in writing in all cases), prior to the first day of January, eighteen hundred and eighty-one; nor shall said lands be disposed of, contracted, or sold by the owners thereof, under this partition, prior to the first day of JanuTo be subject to tax- uary, eighteen hundred and eighty-one: Provided, That the same shall be subject to taxation as other property under the laws of the State of • Indiana on and after that date. Afterpartition lands scent of Indiana. Lands not to be subject to, etc. ation after, etc. Members of band, SEC. 5. That the members of said band, and their descendants, shall etc., when to become become citizens of the United States on the first day of January, eight citizens. een hundred and eighty-one. Approved June 1, 1872. NOTE.-Report of commission, made July 12, 1873 [Cent. Sup'y, V. 14]. Approved July 18, 1873 [Cent. Sup'y, I. 469]. CHAP. 308.-An act to provide for the removal of the Flathead and other Indians from the Bitter-Root Valley, in the Territory of Montana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the President, as soon as practicable, to remove the Flathead Indians, (whether of full or mixed bloods,) and all other Indians connected with said tribe, and recognized as members thereof, from BitterRoot Valley, in the Territory of Montana, to the general reservation in said Territory, (commonly known as the Jocko reservation,) which by a treaty concluded at Hell Gate, in the Bitter-Root Valley, July sixteenth, eighteen hundred and fifty-five, and ratified by the Senate March eighth, eighteen hundred and fifty-nine, between the United States and the confederated tribes of Flathead, Kootenai, and Pend d'Oreille Indians, was set apart and reserved for the use and occupation of said confederated tribes. June 5, 1872. 17 Stat., 226. Flathead and other from Bitter-Root Valto the Jocko reser Indians to be removed vation. Vol. 2, p. 542. Certain lands in Montana Territory, to opened to settlement. Bitter-Root Valley, be surveyed and May be sold to whom, etc. Quantity and price. SEC. 2. That as soon as practicable after the passage of this act, the surveyor-general of Montana Territory shall cause to be surveyed, as other public lands of the United States are surveyed, the lands in the Bitter-Root Valley lying above the Lo-Lo Fork of the Bitter-Root River; and said lands shall be open to settlement, and shall be sold in legal subdivisions to actual settlers only, the same being citizens of the United States, or having duly declared their intention to become such citizens, said settlers being heads of families, or over twenty-one years of age, in quantities not exceeding one hundred and sixty acres to each settler, at the price of one dollar and twenty-five cents per acre, payment to be made in cash within twenty-one months from the date of settlement, or of the passage of this act. The sixteenth and thirty-sixth sections of said lands shall be reserved for school purposes in the manner provided by law. Town-sites in said valley may be reserved and entered as provided by law: Provided, That no more than fifteen townships of the lands so surveyed shall be deemed to be ships. subject to the provisions of this act: And provided further, That none Fork not open to of the lands in said valley above the Lo-Lo Fork shall be open to set- homestead or tlement under the homestead and pre-emption laws of the United emption. States. An account shall be kept by the Secretary of the Interior of be kept, and proceeds, the proceeds of said lands, and out of the first moneys arising there- how applied. from there shall be reserved and set apart for the use of said Indians the sum of fifty thousand dollars, to be by the President expended, in annual instalments, in such manner as in his judgment shall be for the best good of said Indians, but no more than five thousand dollars shall be expended in any one year. School sections. Limited to 15 town Lands above Lo-Lo pre Account of sales to Certain Indians may SEC. 3. That any of said Indians, being the head of a family, or remain in the valley twenty-one years of age, who shall, at the passage of this act, be actu- and preempt 160 acres. ally residing upon and cultivating any portion of said lands, shall be permitted to remain in said valley and pre-empt without cost the land so occupied and cultivated, not exceeding in amount one hundred and sixty acres for each of such Indians, for which he shall receive a patent without power of alienation: Provided, That such Indian shall, prior to August first, eighteen hundred and seventy-two, notify the be given before, etc. superintendent of Indian affairs for Montana Territory that he aban a Report Commissioner Garfield, November 15, 1872. (See Annual Report for 1872, p. 109.) The above act is amended as to the payment of the annual installments and the purchase of land provided in section 2 by the act of June 22, 1874, 18 Stat., 173, and as to the lands allotted to individual Indians by the acts of March 2, 1889, post, p. 326, and July 1, 1898, post, p. 667, providing for the sale of such lands with the consent of the allottees and the removal of the Indians to the Jocko Reservation. By the act of March 3, 1891, post, p. 437, right of way was given the Missoula and Northern Railway through the Jocko Reservation. A commission to negotiate with the Crow, Flathead, and other tribes was provided by the act of June 10, 1896, 29 Stat., 341, which was continued, by June 6, 1900, 31 Stat., 302, to June 30, 1901. (See Annual Report, 1900, p. 52.) Patent. Notice of intent to |