dons his tribal relations with said tribe, and intends to remain in said Notice to Indians. valley: And provided further, That said superintendent shall have John Owen may ob lands, if, etc. given such Indian at least one month's notice prior to the date last above mentioned of the provisions of this act and of his right so to remain as provided in this section of this act. SEC. 4. That in case John Owen, an actual settler in said valley, tain title to certain above the Lo-Lo Fork, shall come within the provisions of the act of Congress of September twenty-seventh, eighteen hundred and fifty, entitled "An act to create the office of surveyor-general of the public lands in Oregon, and to provide for the survey, and to make donations to settlers of the said public lands," and the acts amendatory thereof, he shall be permitted to establish such fact in the land-office in the said Territory of Montana, and, upon proof of compliance with the provisions of said act or acts, shall be permitted to obtain title, in the manner provided therein, to such quantity of land as he may be Disputes as to titles, entitled to under the same. All disputes as to title to any lands mentioned in this act shall be decided according to the rules governing the decision of disputes in ordinary cases under the pre-emption laws of the United States. how to be decided. June 5, 1872. 17 Stat., 228. Preamble. Vol. 2, p. 741 treaty declared to ap Approved, June 5, 1872. CHAP. 309.-An act to carry into effect the fourth article of the treaty of February twenty-three, eighteen hundred and sixty-seven, with the Seneca, Shawnee, Quapaw, and other Indians. a Whereas, by the fourth article of the treaty of February twentythird, eighteen hundred and sixty-seven, with the Shawnee, Quapaw, and other Indians, the strip of lands belonging to said Quapaws lying within the State of Kansas was sold to the United States, and intended, by the amendment to said article, to be sold to actual settlers, under the pre-emption laws of the United States; but whereas, by the manner of insertion of said amendment, the said lands are left without any provisions for their disposal: Therefore, for the purpose of carrying out the intention of the treaty and of its amendments, Be it enacted by the Senate and House of Representatives of the United Amendment of States of America in Congress assembled, That the said amendment ply to what lands of shall not be construed as authorizing or providing for the disposal of the Quapaw Indians. the lands of the said Quapaw Indians, which, by the fourth article of the said treaty of February twenty-third, eighteen hundred and sixty-seven, were sold to the United States at one dollar and fifteen cents an acre, and lying and being within the boundary of the Indian Territory, but said amendment shall refer to, and be construed to authorize and direct, the disposal of the strip of land theretofore belonging to said Indians, lying and being within the State of Kansas, and which, by the aforesaid article of said treaty, were [was] sold to the United States for one dollar and twenty-five cents an acre. a The Quapaw are now collected upon the Quapaw Reservation, in the Quapaw Agency, Indian Territory. By the act of May 3, 1892 (27 Stat., 24), criminal jurisdiction over the Quapaw Deeds of real estate within the Quapaw Agency are required to be recorded at Miami by the act of June 10, 1896, post, p. 597, which also extends over lands within that agency the real-estate law of Arkansas. Chattel mortgages are required to be recorded at Miami by the act of March 1, 1899 (30 Stat., 932), replaced by a similar provision in May 31, 1900, post, p. 700. Leases of land were provided for by the act of June 10, 1896 (29 Stat., 330), repealed and replaced by June 7, 1897, post, p. 619. By the act of March 3, 1901, post, p. 742, an act of the Quapaw council, setting apart certain land for school and other purposes, was confirmed with qualifications. Kansas ceded to the Quapaw Indians open tion. One-half section to Samuel G. Vallier. SEC. 2. That the said strip of land within the State of Kansas, so Certain land in ceded to the United States by the said Quapaw band of Indians, be, United States by the and the same is hereby, declared open to entry and pre-emption, under to entry and pre-empthe pre-emption laws of the United States, at the price of one dollar and twenty-five cents an acre, excepting therefrom one half-section, to be patented to Samuel G. Vallier, including his improvements, as provided in the fourth article of said treaty; and all such pre-emptions shall be paid for in the lawful money of the United States, at the proper land-office of the United States, within one year from the date of settlement, or where settlement was made before the passage of this act, then within one year from the passage of the same: Provided, qrpets spit on the That in case any settler has entered upon and improved a single tract, on the government not exceeding one hundred and sixty-acres, a part of which is embraced in said Quapaw strip, and a part on the government strip, so-called, his entry of the part on the government strip, under the pre-emption laws, shall not prevent the entry of the remainder of his tract upon said Quapaw lands, in the State of Kansas, under this act. Approved, June 5, 1872. CHAP. 310.—An act to confirm to the Great and Little Osage Indians a reservation in the Indian Territory." Quapaw and part strip. June 5, 1872. 17 Stat., 228. Vol. 2, p. 724. 16 Stat., 362. Whereas by the treaty of eighteen hundred and sixty-six between the United States and the Cherokee nation of Indians, said nation ceded to the United States all its lands west of the ninety-sixth meridian west longitude, for the settlement of friendly Indians thereon; and whereas by act of Congress approved July fifteenth, eighteen hundred, 1870. c. 296, s. 12, and seventy, the President was authorized and directed to remove the Great and Little Osage Indians to a location in the Cherokee country west of the ninety-sixth meridian, to be designated for them by the United States authorities; and whereas it was provided by the same act of Congress that the lands of the Osages in Kansas should be sold by the United States, and so much of the proceeds thereof as were necessary should be appropriated for the payment to the Cherokees for the lands set apart for the said Osages west of the ninety-sixth meridian; and whereas under the provisions of the above-mentioned treaty and act of Congress and concurrent action of the authorities of the United States and the Cherokee nation, the said Osages were removed from their former homes in the State of Kansas to a reservation set apart Great and Little Osage for them in the Indian Territory, at the time of the removal supposed Indians. to be west of the said ninety-sixth meridian, and bounded on the east thereby, and upon which said Osages have made substantial and valuable improvements; and whereas by a recent survey and establishment of the ninety-sixth meridian it appears that the most valuable portion of said Osage reservation, and upon which all their improvements are situated, lies east of the said meridian; and whereas it therefore became necessary to select other lands in lieu of those found to be east of the established ninety-sixth meridian for said Osage Indians; and whereas a tract has accordingly been selected, lying between the western boundary of the reservations heretofore set apart for said Indians and the main channel of the Arkansas River, with the south line of the a The reservation provided for above was paid for by the transfer on the books of the Treasury of funds to the credit of the Osage to the account of the Cherokee by act of March 3, 1873 (17 Stat., 538). The sale of ceded lands in Kansas, generally known as the Osage trust and diminished reserve lands, is provided for by the following acts: August 11, 1876, post, p. 164; May 28, 1880, post, p. 179; June 16, 1880, post, p. 186; March 3, 1881, post, p. 193; March 3, 1891, post, p. 438, and June 6, 1900, post, p. 703. The Osage Reservation in Indian Territory was excepted from the operation of the Reservation of the A tract of land west of the 96th meridian tion for the Great and Boundaries. Location. State of Kansas for a northern boundary, and the north line of the Creek country and the main channel of the Arkansas River for a southern and western boundary; and whereas the act of Congress approved July fifteenth, eighteen hundred and seventy, restricts the said reservation for said Osage Indians to "a tract of land in compact form equal in quantity to one hundred and sixty acres for each member of said tribe:" and whereas in a letter of the Cherokee delegation, addressed to the Secretary of the Interior on the eighth day of April, eighteen hundred and seventy-two, on behalf of the Cherokee Nation, containing their approval of and assent to the proposition to provide for the settlement of the Osage and Kaw Indians on that portion of the Cherokee country lying west of the ninety-sixth degree west longitude, south of Kansas, east and north of the Arkansas River: Therefore, Be it enacted by the Senate and House of Representatives of the set apart as a reserva- United States of America in Congress assembled, That in order to proLittle Osage Indians. vide said Osage tribe of Indians with a reservation, and secure to them a sufficient quantity of land suitable for cultivation, the followingdescribed tract of country, west of the established ninety-sixth meridian, in the Indian Territory, be, and the same is hereby, set apart for and confirmed as their reservation, namely: Bounded on the east by the ninety-sixth meridian, on the south and west by the north line of the Creek country and the main channel of the Arkansas River, and on the north by the south line of the State of Kansas: Provided, That the location as aforesaid shall be made under the provisions of article sixteen of the treaty of eighteen hundred and sixty-six, so far as the same may be applicable thereto: And provided further, That said Great and Little Osage tribe of Indians shall permit the settlement within the limits of said tract of land [of] the Kansas tribe of Indians, the lands so settled and occupied by said Kansas Indians, not exceeding one hundred and sixty acres for each member of said tribe, to be paid for by said Kansas tribe of Indians out of the proceeds of the sales of their lands in Kansas, at a price not exceeding that paid by the Great and Little Osage Indians to the Cherokee Nation of Indians. Approved, June 5, 1872. Kansa Indians may be settled on the tract of the Great and Little Osage tribes. June 10, 1872 17 Stat., 391. Western part of resha in Nebraska to be ervation of the Oma separated and surveyed, if, etc. See note to 1882, 434, post, p. 212. To be appraised. CHAP. 436.-An act for the relief of certain tribes of Indians in the Northern Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That with the consent and concurrence of the Omaha tribe of Indians," expressed in open council in the usual manner, the Secretary of the Interior be, and c. hereby is, authorized to cause to be surveyed, if necessary, a portion of their reservation in the State of Nebraska, not exceeding fifty thousand acres, to be taken from the western part thereof, and to be separated from the remaining portion of said reservation by a line running along the section lines from north to south. The said lands so separated shall be appraised by three competent commissioners, one of whom shall be selected by said Omaha tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorProposals for pur-ized to offer the same for sale for cash in hand; and sealed proposals, whole or in tracts, to duly invited by public advertisements, shall be received for the same be invited by adver- for tracts not exceeding one hundred and sixty acres each, and also Best bid to be ac for the entire body offered; and he shall be, and hereby is, authorized to accept the proposal for the entire tract, or the highest bids for sep chase for cash, as a tisement. cepted. a Assent of Omaha given September 23, 1872 (see Omaha, W., 334). may rejected. the Indians, at inter arate tracts, whichever shall be deemed best for the interests of the Indians: Provided, That no bids for separate tracts shall be accepted Certain bids to be which be less than the appraised value of such tract, nor less than one dollar and twenty-five cents per acre; or for the entire tract which shall be less than the aggregate appraised value of the same, nor less than one dollar and twenty-five cents per acre. The proceeds of such Proceeds of sale to sale shall be placed to the credit of said Indians on the books of the be placed to credit of Treasury of the United States, and bear interest at the rate of five est, except, etc. per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use in improving and fencing farms, building houses, purchasing implements of agriculture and live stock, and in establishing and supporting schools: Provided, also, That not more than twenty-five per centum of the principal of the aggregate amount of sales of said lands shall be expended in any one year: Provided, That no sale shall be approved unless the average sales of each of said parcels of said land shall be at least two dollars and fifty cents. per acre. Provisos. Portion of the reser vation of the Pawnee arated and surveyed, See note to 1876, c. SEC. 2. That with the consent" and concurrence of the Pawnee tribe of Indians, expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion of their reservation in the State of Nebraska, not exceeding fifty thousand acres, to be taken from that part of said reservation lying south of Loup Fork. The said lands so surveyed shall be appraised by three competent commissioners, one of whom shall be selected by the said Pawnee tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein Proposals for purprovided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale, for cash in hand, in the same manner and with the same restrictions as provided in the first section of this act relating to the Omaha lands; and the proceeds of such sale shall be how to be applied. placed to the credit of said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use, as directed in the said first section of this act. Repealed by 1876, ch. 51, post, p. 160. Proceeds of sales, Part of the reserva Missouri Indians to be separated, surveyed, and appraised. 128, post, D. 190. Quantity to be sold, See note to 1881, c. and where located. To be appraised. SEC. 3. That, with the consent and concurrence of the Otoe and tion of the Oto and Missouria tribe of Indians, expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion of their reservation lying in the States of Nebraska and Kansas, not exceeding eighty thousand acres, to be taken from the western part thereof, lying west of the Big Blue River, part of said tract lying in the State of Nebraska, and part lying in the State of Kansas. The said lands so surveyed shall be appraised by three competent commissioners, one of whom shall be selected by said Otoe and Missouria tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale, for cash in hand, in the same manner and with chase for cash to be the same restrictions as provided in the first section of this act relating invited. to the Omaha lands; and the proceeds of such sale shall be placed to the credit of said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of a Pawnee assent July 15, 1872 (see Pawnee, W., 82). Proposals for pur Proceeds of sales, how to be applied. Part of the reserva tion of the Sank and Fox of the Missouri tribe of Indians to be separated, surveyed, 337, post, p. 228. Proposals for pur chase for cash to be invited. the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use, as directed in the said first section of this act. SEC. 4. That, with the consent and concurrence of the Sac and Fox of the Missouri tribe of Indians, expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion or the whole of their reservation in the State of Nebraska, containing about sixteen thousand acres. The said lands so surveyed shall be appraised by three competent commissioners, one of whom shall be selected by said Sac and Fox of the Missouri tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale, for cash in hand, in the same manner and with the same restrictions as provided in the first section of this act relating to Proceed of sales, the Omaha lands; and the proceeds of such sale shall be placed to the credit of the said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use, Removal to Indian as directed in the said first section of this act, or for their removal to Territory, or where the Indian Territory or elsewhere, in case they desire to remove. SEC. 5. That in all patents of lands sold under authority of this act, to contain a clause there shall be inserted a clause forever prohibiting the sale of intoxitoxicating liquors cating liquors on said lands, under pain of forfeiture of title thereto; and due notice of this provision shall be given in the advertisement offering said lands for sale. how to be applied. they desire. Patents for lands sold under this act thereon, etc. Pay of appraisers of lands under this act. SEC. 6. That the commissioners to be appointed by the Secretary of the Interior, under the provisions of this act, shall receive compensa3 Mar., 1873, c. 227, tion for their services at the rate of eight dollars for each day actually engaged in the duties herein designated, in addition to the amount paid by them for actual traveling and other necessary expenses. Approved, June 10, 1872. 17 Stat., 517. Jan. 23, 1873. 17 Stat., 417. tion of certain Miami sas authorized and as- ACTS OF FORTY-SECOND CONGRESS-SECOND SESSION, 1873. CHAP. 52.-An act authorizing the removal of restrictions upon the alienation of certain Miami Indian lands in the State of Kansas. Be it enacted by the Senate and House of Representatives of the United Removal of restric- States of America in Congress assembled, That the legislature of the tions upon the aliena- State of Kansas is hereby authorized to remove the restrictions against Indian lands in Kan- the liability to leases, alienation, levy, sale, execution, taxation, and forfeiture of lands in said State, patented under and in pursuance of the second article of the treaty of June fifth, eighteen hundred and fifty-four, between the Miami Indians and the United States, in all cases in which the title has legally passed to citizens of the United States other than Indians. And Congress hereby assents to the removal of said restrictions as provided by the joint resolution of Kansas, approved March first, eighteen hundred and seventy-two, subject to the provisions of this act. Approved, January 23, 1873. NOTE.-Act of Kansas legislature removing restrictions approved February 1, 1865. (See Annual Report, 1865, p. 502.) @ Sauk and Fox of Missouri assent July 8, 1872 (see Great Nemaha, W., 44). |