R. S., sec. 2301. Selections in severalty to be made insixty days. Vol. 2, p. 777. to actual settlers only, under the provisions of the homestead laws, except section twenty-three hundred and one of the Revised Statutes, which shall not apply: Provided, however, That each settler, under and Additional payment. in accordance with the provisions of said homestead laws, shall, before receiving a patent for his homestead, pay to the United States for the land so taken by him, in addition to the fees provided by law, and within five years from the date of the first original entry the sum of one dollar and fifty cents for each acre thereof one half of which shall be paid within two years; and any person otherwise qualified who has attempted to, but for any cause failed to secure a title in fee to a homestead under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make a homestead entry upon any of said lands in conformity with the provisions of this section. That any person who may be entitled to the privilege of selecting land in severalty under the provisions of article six of the treaty of May seventh, eighteen hundred and sixty-eight, with the Crow Indians, and which provisions were continued in force by the agreement with said Indians ratified and confirmed by the act of Congress, approved April eleventh, eighteen hundred and eighty-two, or any other act or treaty, shall have the right for a period of sixty days to make such selections in any part of the territory by said agreeerroneous ment ceded, and such locations are hereby confirmed: Provided, further, That all white persons who located upon said Crow Reservation by reason of an erroneous survey of the boundary and were afterwards allowed to file upon their location in the United States Land Office, shall have thirty days in which to renew their filings, and their locations are hereby confirmed, and that in all cases where claims were located under the mining laws of the United States, and such location was made prior to December first eighteen hundred and ninety, by a locator qualified therefor who believed that he or she was so locating on lands outside the Crow Indian Reservation, such locator shall be allowed thirty days within which to re-locate the said mining claims so theretofore located by them, within the limits of the ceded portion of said Crow Indian Reservation, and upon such re-location such proceedings shall be had as are conformable to law and in accordance with the provisions of this act. Certain locations confirmed. Mining claims. Lands for religious uses. Lease of school lands in Oklahoma. Division of Oklahoma lands into counties. Naming counties. Proviso. County seats reserved. SEC. 35. That whenever under and by reason of the provisions herein contained, ratifying and confirming agreements with any Indian tribe, the right is reserved to any religious society or organization to purchase lands the subject of such agreement, the price and time and terms of payment thereof may be fixed by the Secretary of the Interior, but not less than that at which the other lands subject to said agreement are sold for. SEC. 36. That the school lands reserved in the Territory of Oklahoma by this and former acts of Congress, may be leased for a period not exceeding three years for the benefit of the school fund of said Territory by the governor thereof, under regulations to be prescribed by the Secretary of the Interior. SEC. 37. That before any lands in Oklahoma are open to settlement it shall be the duty of the Secretary of the Interior to divide the same into counties which shall contain as near as possible not less than seven hundred square miles in each county. In establishing said county line the Secretary is hereby authorized to extend the lines of the counties already located so as to make the area of said counties equal, as near as may be, to the area of the counties provided for in this act. At the first election for county officers the people of each county may vote for a name for each county, and the name which receives the greatest number of votes shall be the name of such county: Provided further, That as soon as the county lines are designated by the Secretary he shall reserve not to exceed one-half section of land in each county, to be located near the center of said county, for county seat purposes, to be entered under sections twenty-three hundred and eighty-seven and twenty-three hundred and eighty-eight of the Revised Statutes. Sections 16 and 36 reserved for schools, SEC. 38. No provision for settlement on or sale of the lands in the various agreements hereinbefore mentioned shall apply to sections etc. sixteen and thirty-six thereon, which land in the States are hereby granted to the State in which they are situated, for the support of the common schools of such State under the limitations prescribed by law, and such sections in the Territories of the United States are reserved from occupancy, entry, or sale, under any land law of the United States; Mineral lands. but this provision shall not apply to mineral land which may be dis posed of under the laws applicable thereto. Approved, March 3, 1891. Mar. 3, 1891. 26 Stat., 1091. Missoula and Northern Railroad Company Indian Reservation, See note to 1872, CHAP. 556.-An act granting to the Missoula and Northern Railroad Company the right of way through the Flathead Indian Reservation, in the State of Montana. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted, as hereinafter set forth, to the Missoula and Northern granted right of way Railroad Company, a corporation organized and existing under the through Flathead laws of the State of Montana, for the construction, operation, and Mont. maintenance of its railroad through the lands set apart for the use of e. 308, ante, p. 135. the Flathead Indians, commonly known as the Flathead Indian Reservation, said railroad line beginning at a point at or near the mouth of Jocko River, on the Northern Pacific Railroad, in the county of Missoula, State of Montana, and running thence by the most practicable route to the northern line of the said State of Montana, and more particularly described, as far as extending through said Indian reservation, as beginning at or near the aforesaid mouth of Jocko River, and running thence in a northerly direction to the southern end of Flathead Lake, and thence by the most practicable route, either to the east or west of said lake, in a northerly direction to the said northern boundary of Montana. Location. Width. SEC. 2. That the right of way hereby granted to said railroad company shall be seventy-five feet in width on each side of the central line of said railroad as aforesaid, and said company shall also have the right to take from lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction thereof; also ground adjacent to said right of way for station buildings, depots, Stations, etc. machine shops, side tracks, turn-outs, and water stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of said road. SEC. 3. That it shall be the duty of the Secretary of the Interior to agree with the Flathead and Confederated tribes on the compensation to be paid them for such right of way, and the time and manner for the payment thereof, but no right of way of any kind shall vest in said railroad company in or to any part of the right of way or station grounds herein provided for until plats thereof, made upon actual survey for the definite location of such road, and including the points for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing and be open for the inspection of any party interested therein, and until the compensation agreed on has been paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of Compensation. Secretary of the Incation, etc. terior to approve lo Provisos. the Indians and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out the provisions of this act: Provided, That the right of way herein granted shall be lost and forfeited by said company unless the road is constructed and in running order through said reservation within three years from the pasof this act: Provided further, That when said railroad shall have Station at Flathead been constructed to the south end of said Flathead Lake said company may establish a temporary terminal station on the shore of said lake, on grounds not exceeding three thousand feet square, and, pending completion of said railroad, may utilize the waters of said Flathead Lake for transportation purposes. Lake. Amendment, etc. SEC. 4. That Congress may at any time amend, alter, or repeal this act. Approved, March 3, 1891. Mar. 3, 1891. 26 Stat., 1095. [26 Stat. 1102.] Entries on Osage lands confirmed. c. 310, ante, p. 137. CHAP. 561. An act to repeal timber-culture laws, and for other purposes. SEC. 23. That in all cases where second entries of land on the Osage Indian trust and diminished reserve lands in Kansas, to which at the See note to 1872, time there were no adverse claims, have been made and the law complied with as to residence and improvement, said entries be, and the same are hereby, confirmed, and in all cases where persons were actual settlers and residing upon their claims upon said Osage Indian trust and diminished reserve lands in the State of Kansas on the ninth day of May, eighteen hundred and seventy two, and who have made subsequent pre-emption entries either upon public or upon said Osage Indian trust and diminished reserve lands, upon which there were no legal prior adverse claims at the time, and the law complied with as to settlement, said subsequent entries be, and the same are hereby, confirmed. Feb. 3, 1892. 27 Stat., 2. Hutchison and Company, right of way. 1890. c. 947, ante, p. 364. ACTS OF FIFTY-SECOND CONGRESS-FIRST SESSION, 1892. CHAP. 3.-An act to amend an act entitled "An act granting the right of way to the Be it enacted by the Senate and House of Representatives of the United Southern Railroad States of America in Congress assembled, That the act entitled “An act granting the right of way to the Hutchison and Southern Railroad Company to construct and operate a railroad, telegraph, and telephone line from the city of Anthony, in the state of Kansas, through the Indian Territory, to some point in the county of Grayson, in the state of Texas," approved September twenty-sixth, eighteen hundred and ninety, be, and the same is hereby, amended as follows: Extension of road authorized. "That said railroad company be, and they are hereby, authorized to from Guthrie, Okla., extend and operate said road, telegraph and telephone line with like powers and privileges and under like limitations and conditions as are provided in said original act, in a south-easterly or southerly direction from the terminus of said road under said original act, to wit: From its connection with the Santa Fe Railroad at or near the city of Guthrie, in the Territory of Oklahoma, or some point north of there within a distance of twenty miles to the southern boundary of said Indian Territory, at or near a point north of the city of Denison, in the state of Texas. Time for construc SECTION 2. That said original act described in section one of this act, tion extended. and the amendment thereto, shall extend and be in full force and effect for the period of three years from the approval of this amendment or act. Approved, February 3, 1892. Post, p. 551. CHAP. 120.-An act to provide for the disposition and sale of lands known as the June 17, 1892. 27 Stat.. 52. ervation, Cal. Provisos. Allotments to Indi Ante, p. 33. Exemption of settled lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the lands embraced Klamath River Resin what was Klamath River Reservation in the State of California, as set apart and reserved under authority of law by an Executive order dated November sixteenth, eighteen hundred and fifty-five, are hereby opened to settledeclared to be subject to settlement, entry, and purchase under the ment. laws of the United States granting homestead rights and authorizing the sale of mineral, stone, and timber lands: Provided, That any Indian now located upon said reservation may, at any time within one year from the passage of this act, apply to the Secretary of the Interior for ans, an allotment of land for himself and, if the head of a family, for the members of his family, under the provisions of the act of February eighth, eighteen hundred and eighty-seven, entitled "An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes," and, if found entitled thereto, shall have the same allotted as provided in said act or any act amendatory thereof: Provided, That lands settled upon, improved, and now occupied by settlers in good faith by qualified persons under the land laws shall be exempt from such allotment unless one or more of said Indians have resided upon said tract in good faith for four months prior to the passage of this act. And the Secretary of the Interior may reserve from settlement, entry, or purchase any tract or tracts of land upon which any village Indian villages. or settlement of Indians is now located, and may set apart the same for the permanent use and occupation of said village or settlement of Indians. And any person entitled to the benefits of the homestead laws of the United States who has in good faith prior to the passage of this act, made actual settlement upon any lands within said reservation not allotted under the foregoing proviso and not reserved for the permanent use and occupation of any village or settlement of Indians, with the intent to enter the same under the homestead law shall have the preferred right, at the expiration of said period of one year to enter and acquire title to the land so settled upon, not exceeding one hundred and sixty acres, upon the payment therefor of one dollar and twenty-five cents an acre, and such settler shall have three months after public notice given that such lands are subject to entry within which to file in the proper land office his application therefor; and in case of conflicting claims between settlers the land shall be awarded. to the settler first in order of time: Provided, That any portion of said land more valuable for its mineral deposits than for agricultural purposes, or for its timber, shall be entered only under the law authorizing the entry and sale of timber or mineral lands: And provided further, That the heirs of any deceased settler shall succeed to the rights of such settler under this act: Provided further, That the proceeds arising from the sale of said lands shall constitute a fund to be Disposal of proceeds. used under the direction of the Secretary of the Interior for the maintenance and education of the Indians now residing on said lands and their children. Approved, June 17, 1892. Homestead entries. Mineral lands. Rights of settlers' heirs. July 1, 1892. 27 Stat., 61. Preamble. 1891, c. 65, ante, p. 383. Cal. CHAP. 139.-An act to authorize the Secretary of the Interior to carry into effect certain recommendations of the Mission Indian commission, and to issue patents for certain lands. Whereas the act approved January twelfth, eighteen hundred and ninety-one, entitled An act for the relief of the Mission Indians in the State of California," made it the duty of the commissioners therein authorized to be appointed "to select a reservation for each band or village of the Mission Indians residing within said State, which reservation shall include, as far as practicable, the lands and villages which have been in the actual occupation and possession of said Indians, and which shall be sufficient in extent to meet their just requirements;" and Whereas said commissioners were authorized to appraise the value of the improvements belonging to any person to whom valid existing rights had attached under the public-land laws of the United States, where such improvements were situated within the limits of any reservation selected by the commissioners, subject to the approval of the Secretary of the Interior; and Whereas it was further provided in said act that, in case any land should be selected to which any railroad company should be entitled to receive a patent, such railroad company should, upon releasing all claim and title thereto and on the approval of the President and Secretary of the Interior, be allowed to select an equal quantity of other land in lieu thereof; and Whereas no provision was made whereby lands claimed by private persons through titles derived or sought to be derived from railroad companies or other sources than the public-land laws could be so released and exchanged; and Whereas the commissioners appointed under said act have reported, among other things, that certain lands are in the occupation of Indians and are needed for their use which certain persons have improved, and on which they have developed valuable water rights, expecting to obtain title from the railroad companies or to which they had obtained title from the State of California, and that said persons are willing to exchange said lands for other lands heretofore reserved for the use of the Mission Indians, but which lands are no longer needed for such purpose; and Whereas the report and recommendations of said commissioners have been approved by the Secretary of the Interior and the President, "except so much thereof as relates to the purchase of lands from and exchange of lands with private individuals which is also approved subject to the condition that Congress shall authorize the same:" Therefore, Be it enacted by the Senate and House of Representatives of the United Mission Indians, States of America in Congress assembled, That the Secretary of the Interior be, and he hereby is, authorized and empowered to carry into effect the recommendations of the said Mission Indian commissioners Exchange of lands relating to the exchange of lands with private individuals, as the same occupied by private has been approved by the President, and to cause patents in the usual form to issue for the lands recommended to be given to such individuals in exchange for lands and improvements released and relinquished for the use of the Indians. persons. SEC. 2. That the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to enable the Secretary of the Interior to purchase certain lands and improvements for the use and benefit of said Mission Indians, as approved by said Secretary and the President, and to be applied to such purposes in accordance with the said report of said Mission Indian commissioners as the same has been approved by the President. Approved July 1, 1892. |