Feb. 17, 1890. 26 Stat., 1577. Preamble. Grazing of cattle forbidden on Cherokee strip. Cattle tobe removed before Oct. 1, 1890. BY THE PRESIDENT OF The United STATES OF AMERICA. A PROCLAMATION. Whereas, that portion of the Indian Territory, commonly known as the Cherokee Strip or Outlet, has been for some years in the occupancy of an association or associations of white persons under certain contracts, said to have been made with the Cherokee Nation in the nature of a lease or leases for grazing purposes; and Whereas, an opinion has been given to me by the Attorney General, concurring with the opinion given to my predecessor by the late Attorney General, that whatever the right or title of said Cherokee Nation or of the United States to or in said lands may be, no right exists in said Cherokee Nation under the Statutes of the United States to make such leases or grazing contracts, and that such contracts are wholly illegal and void; and Whereas, the continued use of said lands thereunder for grazing purposes is prejudicial to the public interests; Now, therefore, I, Benjamin Harrison, President of the United States, do hereby proclaim and give notice: First. That no cattle or live stock shall hereafter be brought upon said lands for herding or grazing thereon; Second. That all cattle and other live stock now on said Outlet must be removed therefrom not later than October 1, 1890, and so much sooner as said lands or any of them may be or become lawfully open to settlement by citizens of the United States; and that all persons connected with said cattle companies or associations must, not later than the time above indicated, depart from said lands. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this seventeenth day of February, in the year of our Lord one thousand eight hundred and [SEAL.] ninety, and of the Independence of the United States of America, the one hundred and fourteenth. By the President: JAMES G. BLAINE, BENJ. HARRISON. Oct. 23, 1890. 26 Stat., 1559. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, it is provided in the Act of Congress, entitled "An act to extend the Northern boundary of the State of Nebraska," approved March twenty-eighth, eighteen hundred and eighty-two, That the northern boundary of the State of Nebraska shall be, and hereby is, subject to the provisions hereinafter contained, extended so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north latitude and east of the Keyapaha River and west of the main channel of the Missouri River; and when the Indian title to the lands thus described shall be extinguished, the jurisdiction over said lands shall be, and hereby is, ceded to the State of Nebraska, and subject to all the conditions and limitations provided in the act of Congress dmitting Nebraska into the Union, and the northern boundary of the State shall be a extended to said forty-third parallel as fully and effectually as if said lands had been included in the boundaries of said State at the time of its admission to the Union; reserving to the United States the original right of soil in said lands and of disposing of the same: Provided, That this act, so far as jurisdiction is concerned, shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished, nor shall it take effect until the State of Nebraska shall e have assented to the provisions of this act; and if the State of Nebraska shall not by an act of its legislature consent to the provisions of this act within two years next after the passage hereof, this act shall cease and be of no effect; and Whereas, by section thirteen of the act entitled "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," approved March second, eighteen hundred and eighty-nine, it is provided that When the allotments to the Ponca tribe of Indians and to such other Indians as allotments are provided for by this act shall have been made upon that portion of said reservation which is described in the act entitled 'An act to extend the northern boundary of the State of Nebraska,' approved March twenty-eighth, eighteen hundred and eighty-two, the President shall, in pursuance of said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder, and thereupon all of said land not so allotted and included in said act of March twentyeighth, eighteen hundred and eighty-two, shall be open to settlement as provided in this act: Provided, That the allotments to Ponca and other Indians authorized by this act to be made upon the land described in the said act entitled 'An act to extend the northern boundary of the State of Nebraska,' shall be made within six months from the time this act shall take effect; and Whereas, the State of Nebraska, by an act of its legislature, approved. May twenty-third, eighteen hundred and eighty-two, entitled An act declaring the assent of the State of Nebraska to an act of Congress of the United States, entitled 'An act to extend the northern boundary of the State of Nebraska' approved March 28, 1882," assented to and accepted the provisions of said act of Congress, approved March twenty-eighth, eighteen hundred and eighty-two; and Whereas, allotments have been made to the Ponca tribe of Indians, under and in accordance with the provisions of said section thirteen, of the act of March second, eighteen hundred and eighty-nine, and no other Indians having selected or applied for allotments upon that portion of the reservation of the Sioux Nation of Indians described in the act of March twenty-eighth, eighteen hundred and eighty-two, aforesaid, and the six months limit of time within which said allotments were authorized to be made having expired on the tenth day of August, eighteen hundred and ninety; guished to lands on Now, therefore, I, Benjamin Harrison, President of the United Indian titles extinStates, by virtue of the power in me vested by the act (section thirteen) Ponca Reservation, of March second, eighteen hundred and eighty-nine, aforesaid, and in Nebr. pursuance of the act of March twenty-eighth, eighteen hundred and eighty-two, aforesaid, do hereby declare that the Indian title is extinguished to all lands described in said act of March twenty-eighth, eighteen hundred and eighty-two, not allotted to the Ponca tribe of Indians as aforesaid and shown upon a schedule, in duplicate, of allotments made and certified jointly, by George P. Litchfield, U. S. Special Agent, and James E. Helms, U. S. Indian Agent, July thirty-first, eighteen hundred and ninety, and approved by the Acting Commissioner of Indian Affairs, October fourteenth, eighteen hundred and ninety, and by the Acting Secretary of the Interior, October twentysecond, eighteen hundred and ninety, one copy of which schedule of allotments is now on file in the Office of the Commissioner of Indian Affairs and the other in the Office of the Commissioner of the General Land Office, Department of the Interior. Reservation of agency and school Be it known, however, that there is hereby reserved from entry or settlement, that tract of land now occupied by the Agency and school building tract. buildings of the old Ponca Agency, to wit: The south half of the south-east quarter of section twenty-six and the south half of the south-west quarter of section twenty-five, all in township thirty-two north, range seven west of the sixth principal meridian. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty third (23d) day of Octo ber, in the year of our Lord one thousand eight hundred and [SEAL.] ninety, and of the Independence of the United States the one hundred and fifteenth. By the President: ALVEY A. ADEE, Acting Secretary of State. BENJ. HARRISON. May 20, 1891. 27 Stat., 979. 1891, ch. 543, ante, p. 425. Fort Berthold Reservation, N. Dak. dians ratified. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, pursuant to an act of Congress approved May fifteenth, eighteen hundred and eighty-six, entitled "An Act making appropriations for the current and contingent expenses of the Indian Depart ment, and for fulfilling treaty stipulations with various tribes for the year ending June thirtieth, eighteen hundred and eighty-seven, and for other purposes," an agreement was entered into on the fourteenth day of December, eighteen hundred and eighty-six, by John V. Wright, Jared W. Daniels, and Charles F. Larrabee, commissioners on the part of the United States, and the Arickaree, Gros Ventre, and Mandan tribes of Indians, residing on the Fort Berthold reservation, in the then Territory of Dakota, now State of North Dakota, embracing a majority of all the male adult members of said tribes; and Whereas, by an act of Congress, approved March third, eighteen hundred and ninety-one, entitled "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 ninety-two, and for other purposes," the aforesaid agreement of December fourteenth, eighteen hundred and eighty-six, was accepted, ratified, and confirmed, except as to article six thereof, which was modified and changed on the part of the United States so as to read as follows: That the residue of lands within said diminished reservation, after all allotments have been made as provided in article three of this agreement, shall be held by the said tribes of Indians as a reservation; and Whereas, it is provided in said last above-mentioned act That this act shall take effect only upon the acceptance of the modification and changes made by the United States as to article six of the said agreement by the said tribes of Indians in manner and form as said agreement was assented to, which said acceptance and consent shall be made known by proclamation by the President of the United States, upon satisfactory proof presented to him that the said acceptance and consent have been obtained in such manner and form; and Whereas, satisfactory proof has been presented to me that the acceptance of, and consent to, the provisions of the act last named by the different bands of Indians residing on said reservation, have been obtained in manner and form as said agreement of December fourteenth, eighteen hundred and eighty-six, was assented to: Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the power in me vested, do hereby make known and proAgreement with In- claim the acceptance of, and consent to, the modification and changes made by the United States as to Article six of said agreement, by said tribe of Indians as required by the Act, and said Act is hereby declared to be in full force and effect, subject to all provisions, conditions, limitations, and restrictions therein contained. All persons will take notice of the provisions of said Act, and of the conditions and restrictions therein contained, and be governed accordingly. I furthermore notify all persons to particularly observe that a certain portion of the said Fort Berthold reservation not ceded and relinquished by said agreement, is reserved for allotment to, and also as a reservation for, the said tribes of Indians; and all persons are, therefore, hereby warned not to go upon any of the lands so reserved, for any purpose or with any intent whatsoever, as no settlement or other right can be secured upon said lands, and all persons found unlawfully thereon will be dealt with as trespassers and intruders; and I hereby declare all the lands sold, ceded, and relinquished to the United States under said agreement, namely; Lands reserved to Indians. "All that portion of the Fort Berthold reservation, as laid down upon, Lands ceded to the the official map of the" (then) "Territory of Dakota, published by the General Land Office in the year eighteen hundred and eighty-five, lying north of the forty-eighth parallel of north latitude, and also all that portion lying west of a north and south line six miles west of the most westerly point of the big bend of the Misssouri River, south of the fortyeighth parallel of north latitude," open to settlement, and subject to disposal as provided in Section twenty-five of the Act of March third, eighteen hundred and ninety-one aforesaid. (26 Stats., p. 1035.) In witness thereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twentieth (20th) day of May, in the year of our Lord one thousand eight hundred and ninety-one, and of the independence of the United States the one hundred and fifteenth. [SEAL.] By the President: Countersigned: WILLIAM F WHARTON Acting Secretary of State. BENJ HARRISON Ante, p. 428. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: A PROCLAMATION. Sept. 18, 1891. 27 Stat., 989. Preamble. Oklahoma. Whereas, by a written agreement, made on the twelfth day of June, eighteen hundred and ninety, the Sac and Fox Nation of Indians, in Sauk and Fox Indians, the Territory of Oklahoma, ceded and conveyed to the United States of America all title or interest of said Indians in and to the lands particularly described in Article I of the agreement, except the quarter section of land on which the Sac and Fox Agency is located: and provided that the section of land now designated and set apart near the Sac and Fox Agency for a school and farm shall not be subject either to allotment or to homestead entry; that every citizen of said Nation shall have an allotment of land, in quantity as therein stated, to be selected within the tract of country so ceded, except in sections sixteen (16) and thirty-six (36) in each Congressional township, and except the Agency quarter section and section set apart for school and farm, as above mentioned, or other lands selected in lieu thereof; that when the allotments to the citizens of the Sac and Fox Nation are made, the Secretary of the Interior shall cause trust patents to issue therefor in the name of the allottees, and that as soon as such allotments are so made, and approved by the Department of the Interior, and the Agreement with Cit izen Band Potawato homa. Ante, p. 33. patents provided for are issued, then the residue of said tract of country shall, as far as said Sac and Fox Nation is concerned, become public lands of the United States, and under such restrictions as may be imposed by law, be subject to white settlement; and Whereas, by a certain other agreement with the Iowa tribe of Indians residing on the Iowa Reservation, in said Territory, made on the twentieth day of May, eighteen hundred and ninety, said tribe surrendered and relinquished to the United States all their title and interest in and to the lands of said Indians in said Territory, and particularly described in Article I of said agreement; and provided that each and every member of said tribe shall have an allotment of eighty acres of land upon said reservation, and upon the approval of such allotments by the Secretary of the Interior, that trust patents shall be issued therefor, and that there shall be excepted from the operation of said agreement, a tract of land, not exceeding ten acres in a square form, including the church and school house and graveyard at or near the Iowa village, which shall belong to said Iowa tribe of Indians in common, subject to the conditions and limitations in said agreement expressed; that the chief of the lowas may select an additional ten acres in a square form for the use of said tribe in said reservation, conforming in boundaries to the legal subdivisions of land therein, which shall be held by said tribe in common, subject to the conditions and limitations as expressed in relation thereto; and Whereas, it is provided in the act of Congress approved February thirtieth, eighteen hundred and ninety-one (26 Stats. pp. 758, 759), section 7, accepting, ratifying, and confirming said agreements with the Sac and Fox Nation of Indians and the Iowa tribe of Indians, That whenever any of the lands acquired by the agreements in this act ratified and confirmed, shall by operation of law or proclamation of the President of the United States, be open to settlement, they shall be disposed of to actual settlers only, under the provisions of the homestead laws, except section twenty-three hundred and one, which shall not apply: Provided, however, that each settler, under and 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, the sum of one dollar and twenty-five cents for each acre thereof, and such person having complied with all the laws relating to such homestead settlement, may at his option receive a patent therefor at the expiration of twelve months from date of settlement upon said homestead, 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 homstead entry upon any of said lands: and Whereas, by a certain other agreement with the Citizen Band of mi Indians, Okla- Pottawatomie Indians, in said Territory, made on the twenty-fifth day of June, eighteen hundred and ninety, the said band of Indians ceded and absolutely surrendered to the United States all their title and interest in and to the lands in said Territory, and particularly described in Article I of said agreement, and provided that all allotments of land theretofore made, or then being made or to be made to members of said Citizen Band of Pottawatomie Indians under the provisions of the general allotment act approved February eighth, eighteen hundred and eighty-seven, shall be confirmed; that in all allotments to be thereafter made no person shall have the right to select his or her allotment in sections sixteen and thirty-six in any Congressional township; nor upon any land heretofore set apart in said tract of country for any use by the United States, or for schools, school-farm or religious purposes; nor shall said sections sixteen and thirty-six be subject to homestead entry, but shall be kept and used for school purposes; nor shall any lands set apart for any use of the United States, or for school, school-farm, or religious purposes, be subject to homestead entry, but shall be held by the United States for such purposes, so long as the |