Feb. 17, 1879. 20 Stat., 295. [20 Stat.. 313.] Apache and others in Arizona. Removal to Indian Territory prohibited. ACTS OF FORTY-FIFTH CONGRESS-THIRD SESSION, 1879. CHAP. 87.-An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty, 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, Collecting and subsisting Apaches and other Indians of Arizona and New Mexico: For this amount, to subsist and properly care for the Apache and other Indians in Arizona and New Mexico who have been or may be collected on reservations in New Mexico or Arizona, three hundred and twenty thousand dollars. And the President of the United States is hereby directed to prohibit the removal of any portion of said tribes of Indians to the Indian Territory unless the same shall be hereafter authorized by act of Congress. Mar. 3, 1879. 20 Stat., 471. and Sauk and Fox reservation in Kansas. CHAP. 182.-An act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and eighty, 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 the same are hereby, appropriated for the objects hereinafter expressed, For the removal of the Muache, Capote, and Weeminuche bands of Ute Indians to the new reservation provided for them under the terms of an agreement made by the United States through Edward Hatch, N. C. McFarland, and Lot M. Morrill, commissioners, and the above named bands of Ute Indians, at Pagosa Springs, in the State of Colorado, upon the ninth day of November, anno Domini eighteen hundred and seventy-eight, and for the erection of suitable agency buildings, including residence for agent upon said new reservation, twenty thousand dollars. NOTE.-Articles of agreement dated November 9, 1878, and Report of Commission. (See Annual Report 1879, p. 170-181.) CHAP. 190.-An act to amend an act to provide for the sale of a portion of the reservation of the Confederated Otoe and Missouria and the Sac and Fox of the Missouri tribes of Indians in the States of Kansas and Nebraska. Be it enacted by the Senate and House of Representatives of the United Oto and Missouri States of America in Congress assembled, That section three of the act of August fifteenth, eighteen hundred and seventy-six, chapter three hundred and eight, entitled "An act to provide for the sale of a See note to 1881, ch. portion of the reservation of the Confederated Otoe and Missouria and the Sac and Fox of the Missouri tribes of Indians," be, and the same hereby is, amended so as to read as follows: Ante, p. 167. 128, post, p. 190. See note to 1885, ch. 337. post, p. 228. Portion to be sold. That after the survey and appraisement of said lands, the Secretary of the Interior shall be, and is hereby, authorized to offer one hundred a Persons intendingto allowed to purchase. Proviso. Terms. Interest. and twenty thousand acres from the western side of the same for sale, through the United States public land-office at Beatrice, Nebraska, in tracts not exceeding one hundred and sixty acres for cash, to actual settlers, or persons who shall make oath before the register or receiver of the land office at Beatrice, Nebraska, that they intend to occupy the land for authority to purchase which they make application, and who settle, and who settle shall within three months from the date of such application make within three months, permanent settlement upon the same, in tracts not exceeding one hundred and sixty acres to each purchaser: Provided, That if, in the judgment of the Secretary of the Interior, it shall be more advantageous to sell said lands upon deferred payments, he may, with the consent of the Indians expressed in open council, dispose of the same upon the following terms as to payments, that is to say, one-third in cash, one-third in one year, and one-third in two years from date of sale, with interest at the rate of six per centum per annum: And provided further. That no portion of said land shall be sold at less than the appraised value thereof, and in no case less than two dollars and fifty cents per acre: And provided further, That whenever a settler on any of the lands subject to sale under the act to which this is amendatory shall apply to purchase a tract containing a small excess over one hundred and sixty acres, owing to the legal subdivisions being made fractional by boundary-line of reservation, township or section line, his application shall not be rejected on account of such excess; but, if no other objection exist the purchase shall be allowed as in other cases: And provided Proviso. further, That bona fide claimants at present occupying lands under the may be allowed furprovisions of the act of which this is amendatory may in the discretion ther time to make of the Secretary of the Interior be allowed additional time for making the deferred payments required by said act for the lands so claimed and occupied by them in good faith, not exceeding one year on each payment so required to be made. Approved, March 3, 1879. Price. Settlers may buy certain cases. more than 160 acres in Present occupants payments. ACTS OF FORTY-SIXTH CONGRESS-SECOND SESSION, 1880. CHAP. 39.-An act for the relief of certain actual settlers on the Kansas trust and diminished reserve lands in the State of Kansas. Mar. 16, 1880. 21 Stat., 68. Settlers on Kansas trust and diminished p. 162. ment, interest. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the persons included in the provisions of section one of the act approved July reserve lands. five, eighteen hundred and seventy-six, entitled "An act providing for 16, ch. 168, ante the sale of the Kansas Indian lands in Kansas to actual settlers, and for the disposition of the proceeds of the sale," or the heirs, legal representatives and assigns of said persons, shall be permitted to complete the payment for the lands to which they are entitled under said Newly appraised act, at the newly appraised value as ascertained and approved by the value, terms of paySecretary of the Interior, under section three of said act, and in completing such payment credit shall be given for all sums heretofore paid as principal and interest, which sums shall be considered as constituting one instalment upon the present appraised value at the date when the last payment thereof was made; and the balance shall be paid in three equal instalments, the first to be paid on or before the first day of January, eighteen hundred and eighty-one, and the remaining instalments shall be payable annually from the date of the first; each instalment to draw interest at the rate of six per centum per Interest. annum from the date when the last payment heretofore made was received by the district office: Provided, That if any of said persons have failed to make payment heretofore of any portion of the purchase money, as required under the act aforesaid, or the act of June rear stat., 272. twenty-third, eighteen hundred and seventy-four, relating to these S. Doc. 452, pt 1—12 Proviso. in ar Interest. lands, such persons, their heirs, legal representatives or assigns, being in possession thereof shall be required, prior to the first day of January, eighteen hundred and eighty-one, to make entry and pay for their respective claims in three equal instalments, the first on the day of entry and the remaining instalments annually from that date and drawBonds to prevent ing interest at the rate of six per centum per annum until paid; bond being required in case of timbered lands to prevent waste as in section one of said act; and where such persons, their heirs, legal representaWhen not in posses- tives, or assigns are not in possession of said lands then the same may be entered as others of the said Kansas Indian lands, by actual settlers only. waste. sion may be entered. 18 Stat., 272. SEC. 2. That all persons who have made entries under section two of the act of June twenty-third, eighteen hundred and seventy-four, relating to these lands, may complete their payments upon such entries Entries: may pay at the newly appraised value thereof in the same manner and upon the same terms, credits, and limitations as are provided in section one of this act. new appraised value. Ante, p. 162. Default feiture. SEC. 3. That the terms of the proviso of section two of the act of and for July fifth, eighteen hundred and seventy-six, relating to default and forfeiture shall extend to all entries and requirements under the provisions of this act. Actual settlement on contiguous land, etc., sufficient. Proviso. SEC. 4. Actual settlement on any of said lands shall be regarded as sufficient in all cases where the claimant actually resides on contiguous land to which he holds the legal title, and has heretofore cultivated and made valuable improvements on his adjoining claim, in good faith, for the purpose of a home for himself: Provided, Said claimant shall in all other respects comply with the law and the regulations issued thereunder by the General Land Office. Approved, March 16, 1880. May 11, 1880. 21 Stat., 114. [21 Stat., 131.] L'Anse and Vieux de Sert bands of Chippewa to be credited semi-annually with interest, etc. See note to 1889, ch. 24, post, p. 301. 18 Stat., 140. CHAP. 85.-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 thirtieth, eighteen hundred and eighty-one, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 6. That the Secretary of the Treasury be, and he is hereby, authorized and directed, semi-annually, to place to the credit of the L'Anse and Vieux de Sert bands of Chippewas, of Lake Superior, under the provisions of the act entitled "An act to authorize the Secretary of the Interior to deposit certain funds in the United States Treasury in lieu of investment", approved April first, eighteen hundred and eighty, interest upon twenty thousand dollars, being the unexpended balance of money belonging to the said Indians appropriated under the provisions of the act entitled "An act making appropriations to supply deficiencies in the appropriations for the service of the government for the fiscal years ending June thirtieth, eighteen hundred and seventy-three and eighteen hundred and seventy-four, and for other purposes," approved June twenty-second, eighteen hundred and seventy-four, and now to their credit on the books of the Treasury, said unexpended balance and interest thereon to be applied as provided in said act. Approved, May 11, 1880. CHAP. 107.-An act for the relief of settlers upon the Osage trust and diminishedreserve lands in Kansas, and for other purposes. May 28, 1880. 21 Stat., 143. Settlers on Osage trust and diminished reserved lands, Kansas, 60 days to estab lish claims. R. S., 2283, 2284. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all actual settlers under existing laws upon the Osage Indian trust and diminished reserved lands in Kansas (any failure to comply with such existing laws notwithstanding) shall be allowed sixty days after a day to be fixed by public notice by advertisement in two newspapers in each of the 310, ante, p. 137. proper land districts, which day shall not be later than ninety days after the passage of this act, within which to make proof of their claims, and to pay one fourth the purchase price thereof, and the said parties shall pay the balance of said purchase price in three equal annual installments thereafter: Provided, That nothing herein contained shall be construed to prevent an earlier payment of the whole or any installment of said purchase money as aforesaid. Proviso. Default in payment a forfeiture. Land resold unless And if default be made by any settler in the payment of any portion or installment at the time it becomes due under the foregoing provisions, his entire claim, and any money he may have paid thereon, shall be forfeited, and the land shall, after proper notice, be offered payment is made be for sale according to the terms hereinafter prescribed, unless before fore day of offering. the day fixed for such offering, the whole amount of purchase money shall be paid by said claimant, so as to entitle him to receive his patent for the tract embracing his claim. Remaining lands SEC. 2. That all the said Indian lands remaining unsold and unap- subject to disposal to propriated and not embraced in the claims provided for in section one actual settlers only. of this act, shall be subject to disposal to actual settlers only, having the qualifications of pre-emptors on the public lands. Such settlers shall make due application to the register with proof of settlement and qualifications as aforesaid; and, upon payment of not less than onefourth the purchase price shall be permitted to enter not exceeding one quarter section each, the balance to be paid in three equal installments, with like penalties, liabilities and restrictions as to default and forfeiture as provided in section one of this act. To be advertised and sold for cash to SEC. 3. All lands upon which such default has continued for ninety Sales in default of days shall be placed upon a list, and the Secretary of the Interior shall payment. cause the same to be duly proclaimed for sale in the manner prescribed for the offering of the public lands, but not exceeding one quarter section shall be sold to any one purchaser, at a price not less than the price fixed by law, but such lands, upon which such default shall be made, shall be offered for sale by advertisement of not less than thirty days in two newspapers in the proper land districts respectively and unless highest bidder. the purchase price be fully paid before the day named in the notice, shall be sold for cash to the highest bidder at not less than the price fixed by law. And all such lands, subject to unpaid overdue install- exTo be offered once ments, shall be so offered once every year. And if any of said lands shall remain unsold after the offering as aforesaid, they shall be subject to private entry, for cash in tracts not exceeding one quarter section by one purchaser. every year. When subject to Purchaser under SEC. 4. After the payment of the first installment as hereinafter taxation. provided for, such lands shall be subject to taxation according to the laws of the State of Kansas, as other lands are or may be in said State: Provided, That no sale of any such lands for taxes shall operate to tax-sale to pay residue deprive the United States, of said lands, or any part of the purchase- of payments on land. price thereof, but if default be made in any installment of the purchase-price as aforesaid, such tax sale purchaser, or his or her legal representatives, may, upon the day fixed for the public sale, and after such default has become final, under the foregoing provisions, pay so much of said purchase-price as may remain unpaid, and shall thereupon be entitled to receive a patent for the same as though he had when. Patent to issue, redeem lands under Rights of settler to made due settlement thereon: And provided further, That nothing in revenue laws of Kan- this act shall be so construed as to deprive or impair the right of the settler, of the right of redemption under the revenue laws of the State of Kansas. sas preserved. Fees to register and receiver. ceeds. SEC. 5. That the register and the receiver shall be allowed the same. Disposal of net pro- fees and commissions as are allowed by law for the disposal of the public lands, and the net proceeds of the sales and disposals after deducting the expenses of such disposals, shall be deposited to the credit of the proper Indian fund, as provided by existing laws; and Secretary of Interior the Secretary of the Interior shall make all rules and regulations necessary to carry into effect the provisions of this act. to make rules and regulations. Town-sites. Interest on purchase money. SEC. 6. That nothing in this act shall be construed to interfere in any manner with the operation of the town-site laws as applicable to these lands: Provided, That all claims for entry under said statutes shall be proved up and fully paid for, before the day fixed for the commencement of the public sales provided for in section three of this act. SEC. 7. In all cases arising under this act interest at the rate of five per cent. per annum shall be computed and paid upon all that part of the purchase money in respect to which time is given for the payment of the same. Approved, May 28, 1880. June 15, 1880. 21 Stat., 199. Preamble. CHAP. 223.-An act to accept and ratify the agreement submitted by the confederated bands of Ute Indians in Colorado, for the sale of their reservation in said State, and for other purposes, and to make the necessary appropriations for carrying out the same. Whereas certain of the chiefs and headmen of the confederated bands of the Ute tribe of Indians, now present in the city of Washington, See note to 1874, ch. have agreed upon and submitted to the Secretary of the Interior an agreement for the sale to the United States of their present reservation in the State of Colorado, their settlement upon lands in severalty, 136, ante, p. 151. See 1895, ch. 113, and for other purposes; and post, p. 555. Ute Indians in Colorado. Proviso. of lands. Agreement for sale fied. Whereas the President of the United States has submitted said agreement, with his approval of the same, to the Congress of the United States for acceptance and ratification, and for the necessary legislation to carry the same into effect: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said agreement be, and the same is hereby, accepted, ratified, and confirmed: Provided, That the said agreement shall be amended by adding to the first clause thereof, after the words "guilty parties", the words following, to wit: "Until such surrender or apprehension, or until the President shall be satisfied that the guilty parties are no longer living or have fled beyond the limits of the United States, the proportion of the money, hereinafter provided, coming to that portion of the Ute Indians known as the White River Utes, except for removal and settlement, shall not be paid"; and by adding to the third express condition of said agreement after the word "forever", the words following, to wit: "Provided, That the President of the United States may, in his discretion, appropriate an amount thereof, not exceeding ten thousand dollars, for the education in schools established within or beyond the limits of the lands selected, of such youths of both sexes as in his judgment may be best qualified to make proficiency in practical industries and pursuits necessary for their self-support, and out of the portion of said moneys Payment annually coming to the White River Utes, the United States shall pay annually for twenty years to to the following-named persons, during the period of twenty years, if they shall live so long, the following sums respectively: To Mrs. Ari Proviso. Schools. certain persons. |