United States. Office of Indian Affairs.

Annual report of the Commissioner of Indian Affairs online

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of such land for the use and benefit of the United States for a jail at any
of the places hereinbefore mentioned. Such referees, before entering
upon tne duties of their appointment, shall each take and subscribe
before the clerk of the saia United States court an oath that he will
faithfully and impartially discharge the duties of his appointment,
which oaths, duly certified, shall be returned with the award of the
referees to the clerk of the court by which they were appointed. A«w88ment of
Before such referees shall proceed with the assessment of damages for damages,
any lands sought to be condemned under this act, ten days' personal
notice of said hearing shall be pven to all persons interested, and
service may be had upon each tnbe or nation m which said land may
be located by service upon the principal chief thereof, and in case
personal service can not be had upon any person interested, twenty
days' notice of the time when the same shall be condemned shall be
given, by publication, in some newspaper in general circulation nearest
said property in the district where said land is situated.

If the referees can not agree, then any two of them are authorized Award,
to and shidl make the awfuxl. Any party to the proceedings who is Appeal from
dissatisfied with the award of the referees shall have the right, within referees,
ten days after the filing of the award in the court by which said ref-
erees were appointed, to appeal by original petition to the United
States court sitting at the place nearest and most convenient to the
property sought to be taken, where the question of the damages occa-
sioi^ by the taking of the land in controversy shall be tried de novo,
and the judgment rendered by the court shall be final and conclusive.
And upon the payment into court of the amount or amounts awarded
as damages, fee simple title to said tract of land shall vest in the United
States. If such appeal is not taken as hereinbefore set forth, the award
shall be conclusive and final, and shall have the same force and effect
as a judgment of a court of competent jurisdiction, and upon the pay-
ment of the sum or sums so found due into the court, a fee simple
title to said land shall vest in the United States.

Each of said referees shall receive for his compensation the sum of Pay of referees,
five dollars per dav while actually engaged in the appraisement of the
property and the hearing of any matter submitted to them under this
act.

That if any party or person other than the United States shall appeal Ckjstsonappeal.
from any award, and the judgment of the court does not award such
appealing party or person more than the referees awarded, all costs
occasioned by such appeal shall be paid by such appealing party or
person. It shall be the duty of the tf nited States court in each district
to promptly hear and determine the rights of all parties if any appeal
shall be taken under this act.

Approved, May 27, 1902.



Chap. 946. An act providing that the Rtatute of limitations of the several States May 31, 1902.
shall apply as a defense to acnons brought in the United States courts for the recov- — — —

ery of lands patented In severalty to members of any tribe of Indians under any Vol. 32, p. 284.
treaty between It and the United States of America.

Be it enacted by the Senate and House o/ Jiepresentatives of the United
States of America in Conpress assembled, That m all actions "brought in Lands in sev
any State court or United States court by any patentee, his neirs, eralty to Indians,
grantees, or any person claiming under such patentee, for the posses- oniS^tlwIsa^
sion or rents or profits of lands patented in severalty to the members pUcable in suus
of any tribe of Indians under any treaty between it and the United against.
States of America, where a deed has been approved by the Secretary
of the Interior to the land sought to be recovered, the statutes of
limitations of the States in which said land is situate shall be held to



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500 INDIAN LEGISLATION.

apply, and it shall be a complete defense to such action that the same
has not been brought within the time prescribed by the statutes of
said State the same as if such action had been brought for the recovery
of land patented to others than members of any trioe of Indians.
UmitAtin ^^'^' ^ ^^ * ^® ^^ ^^ ^^^ *PP^y ^ ^^7 ^^ brought within

Approved, May 31, 1902.



June 13, 1902. Chap. 1080. An act providing for free homesteads in the Ute Indian Reservation

— in Colorado.

Vol. 32, p. 884.

Be U enacted by the Senate and House of Representatives of the United
R e?e r va t i on ^^^'^ of America in Congress assembled^ That the provisions of the home-
Colo, stead laws be, and are hereby, extended over and shall apply to the
Homestead lands included within the limits of the former Ute Indian Keeervation
overfcmer^^^ in Colorado not included in any forest reservation, in addition to the
Provim. provisions of existing laws relating to cash entries thereon: Provided,
Entries probii>- That no selection or entry of lands in lieu of land included within a
*^®**' forest reservation or of soldiers* or sailors' additional homesteads shall

be allowed within said limits,
ment o? Ute" In- ®^- 2- That all sums of money that may be lost to the Ute Indian
dians. fund by reason of the passage of this Act shall be paid into the fund

by the United States, and all moneys received by reason of the com-
mutation of any homestead entry shall be credited to said Ute Indian
fund.
Governmen t Sec. 3. That no lands shall be included in any location or settlement
S^ted. under the provisions of this Act on which the United States Govern-

ment has valuable improvements.
Approved, June 13, 1902.



June 21, 1902. Chap. 1187. An act to fix the fees of United States marahals in the Indian Territory,
- and for other purposes.



Vol. 82, p. 395.

Be it enacted by the Senate and Honse of Representatives of the United
Indian Terri- States of America in Congress assembledt That in felony cases before
^U- of -j,„- United States commissioners for preliminary examination, and in all
shals and depu- cases in the district courts, whether arising under the laws of the
ties. United States or under the statutes of Arkansas, as made applicable to

R. s., sec. 829, the Indian Territory, section eight hundred and twenty-nine of the
p. 165.' ' ' Revised Statutes of the United States shall be applicable to the serv-
ices rendered hy United States marshals and their respective depu-
Ded notions, ties in said Territory, and all deductions and disallowances made by
etc., allowed, ^jj^ accounting officers under the decision of the Comptroller of the
Treasury of the United States shall be allowed,^ except so far as the
marshals have been reimbursed for the amounts of such deductions and
Submission of disallowances; but before any item of such deductions or disallowances
proof. Bhall be allowed, proof satisfactory to the Auditor for the State and

other Departments shall be made that the amount of such item has not
been reimbursed to the marshal.
Witnesses' fees ^^^' ^' ^^^^ ^^^ witnesses in felony cases before United States com-
* missioners, and all witnesses in civil and criminal cases in the district
courts of said Territory, shall be entitled to the fees provided in sec-
R. s., sec. 848, tion eight himdred and forty -eight of the Revised Statutes of the
p. 160. United States, except that clerks and other officers of the United States

R. 8., sec. 860, shall be entitled to the compensation provided in section eight hundred
p. 160. and fifty of the Re\nsed Statutes of the United States.

Repeal. ^^- ^- '^^^^ ®^^ ^^^ *^^ parts of Acta in conflict with this Act are

hereby repealed.
Approved, June 21, 1902.



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INDIAK LEGISLATION. 50 1

Chap. 1166. An act to extend the proylsions, limitations, and benefits of an act June 27, 1902.

entitled "An act granting pensions to the sunrivore of the Indian wars of eighteen

hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Vol. 32, p. 399.
Black Hawk war, Creek war, Cherokee distULrbances, and the Seminole war,"
approved July twenty-seventh, eighteen hundred and ninety-two.

Be it enacted by the Senate and House of Bepreseniatives of the United
Staiea of America in Congress assembled, Tmit the provisions, limitations, Penrfons.
and benefits of the Act entitled * * An Act OTantinc pensions to survivors ^ © rv I c *
of the Indian wars of eighteen hundred an^l thirty-two to eighteen tended. '
hoidred and forty-two, inclusive, known as the Black Hawk war. Creek Vol. 27, p. 281.
war, Cherokee disturbances, and the Seminole \/ar,** approved July
twenty-seventh, eighteen hundred and ninety-two, be, and the same
are hereby, extended, from the date of the passage of this Act, to the
fflirviving officers ana enlisted men, includmg marines, militia, and
volunteers of the military and naval service of the United States who
served for thirty days or more and were honorably discharged under the
United States military. State, Territorial^ or provisional authorities in
the Florida and Geoiiia Seminole Indian war of eighteen hundred
and seventeen and eighteen hundred and eighteen; the Fevre River
Indian war of Illinois of eighteen hundred and twenty-seven; the Sac
and Fox Indian war of eignteen hundred and thirty-one; the Sabine
Indian disturbances of eighteen hundred and thirtv-six and eighteen
hundred and thirty-seven; the Cay use Indian war of eighteen hundred
and fortv-seven and eighteen hundred and forty-eight, on the Pacific
coast; the Florida wars with the Seminole Indians, from eighteen
hundred and forty-two to eighteen hundred and fifty-eight, inclusive;
the Texas and New Mexico Indian war of eighteen hundred and forty-
nine to eighteen hundred and fifty-six; the California Indian disturb-
ances of eighteen hundred and fifty-one and eighteen hundred and fifty-
two; the Utah Indian disturbances of eighteen hundred and fifty to
eighteen hundred and fifty-three, inclusive, and the Oregon and Wash-
ington Territory Indian wars from eighteen hundred and fifty -one to
e^hteen hundred and fifty-six, inclusive; and also to include the sur-
viving widows of such officers and enlisted men: Provided , That such
widows have not remarried: And provided further^ That where there Provisos.
is no record of enlistment or muster into the service of the United Remarriage of
States in any of the wars mentioned in this Act the record of pay by ^523^?' *
the United States shall be accepted as full and satisfactory proof of icjT*^' ^^ ^^*
such enlistment and service: And provided further, That all contracts
heretofore made between the benenciaries under this Act and pension contract,
attorneys and claim agents are hereby declared null and void.

Approved, June 27, 1902.



Chap. 1167. An act to amend an act entitled •' An act for the relief and civilization June 27, 1902.

of the Chippewa Indians in the State of Minnesota," approved January fourteenth, •

eighteen hundred and eighty 'nine.

Be it enacted by (he Senate and House of Representatives of the United
Slates of America in Cbngress assembled, That section four of an act Vol. 82, p. 400.
entitled ** An Act for the relief and civilization of the Chippewa Indians di^^Sf ^ini^
in the State of Minnesota," approved January fourteenth, eighteen bun- sota.*
dred and eighty-nine, be, and the same is hereby, amended so as to Relief and civ-
read as follows: *^V*S °n 64a.

**Sec. 4. That as soon as the cession and relinquishment of said ^ • 'P*
Indian title has been obtained and approved as aforesaid, it shall be survey of ceded
the duty of the Commissioner of the General Land Office to cause the lands.
land so ceded to the United States to be^urveyed in the manner pro-
vided by law for the survey of public lands, and as soon as practicable
after such survey has been maae and the report, field notes, and plats
thereof filed in the General Land Office and duly ajjproved by the
Commissioner thererof, the said Secretary of the Interior, upon notice
of the completion of such surveys, shall appoint a sufficient number of
competent and experienced examiners, in order that the work may be
done within a reasonable time, who shall go upon said lands thus sur-
veyed and personallv make a careful, complete, and thorough exami-
ni&on of the same oy forty-acre lots, for the purpose of ascertaining



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502 INDIAN LEaiSLATIOH.

sabdi vision In- ^^ which lots or tracts there is standii^ or growing pine timber, which

to forty-acre lots, tracts on which pine timber is standing or growmg for the purpoees

of this act shall oe termed ' pine lands.' the minutes of such exami-

"Pine lands." nation to be at the timeentered in books provided for that purpose,
showing which of such lands are pine lands and which are agncultural
lands, as hereinafter designated, which reports of all such examina-
» tions shall be filed with the Commissioner of the General Land Office

as a part of the permanent records thereof, and thereu^n that officer
shcdl cause to be made lists of all such pine lands and agricultural lands,
describing each forty-acre lot or tract thereof separately, and there-

Llfts to be ap- "P^° ^^^^ ^^®*^ ^^ ^^ ^^^^ ^ transmitted to the Secietary of the

g roved by th e Interior for approval , modification, or rejection, as he mav deem proper,
eoretary of the If the lists thus made are rejected as a whole, then the Secretary of^the
Interior. Interior shall sul)stitute new lists, and the same or original lists as

approved or modified shall be filed with the Commissioner of the Gen-
eral Land Office as the lists of said lands. Duplicate lists of said lands.
Duplicate lists, together with copies of the field notes, surveys, and minutes of exami-
etc. nation, shall be filed and kept in the office of the register of the land

office of the district within which said lands may be situated, and copies
Copies of lists, of said lists shall be furnished to anv person desiring the same upon
application to the Commissioner of tne General Land Office or to the
register of said local land office.
di^***°mTOiMfa- '^^® compensation of the examiners so provided for in this section
aiem co pe - ^^^j ^ fi^^ jjy ^he Secretary of the Interior, but in no event shall
exceed the sum of eight dollars per day for each person so employed,
including all expenses,
df" *^^^"'*' **AU other lands acquired from the said Indians on said reservations,
other than pine lands, are for the purpoees of this act termed 'agri-
cultural lands.'"
Vol. 28, p. 644. ggc^ 2. That section ^ve of said act be' amended so as to read as fol-
lows:
Sale of pine '^Sbc. 5. That whenever, and as often as the survey, examination,
timber. and lists of one hundred thousand acres of said pine lands, or of a less

quantity, in the discretion of the Secretary of the Interior, have been
made and approved, the Secretary of the Interior shall be, and he
hereby is, autnorizea and directed to sell, under such rules and r^u-
lations as he may prescribe, and at such times and places as he may
designate, to be scaled under Scribner's rules in the log after being
cut, all the merchantable pine timber, whether the same be green or
dead, standing or fallen, now on such pine lands, with the exception
of five per centum of said timber on certain reservations as hereinafter
provided, to be paid for when the timber is cut, banked, and scaled in
Prov(908. the manner herein provided for: Provided^ That said pine timber shall

Sealed bids. ^^ advertised for sale in Government sections or parts of sections, and
shall be sold only by separate sealed bids for the pine timber on each
section, and the Secretary of the Interior shall reserve the right
Bids in groups, to reject any or all of said bids: Provided^ That the Secretary of
the Interior may also receive bids in groups of not exceeding ten
sections in any one bid, which bids mav be in addition to the separate
bids by sections on the same lands. The parties bidding shall accom-
pany each of said sealed bids with cash or certified check for twenty
per centum of the amount of the bid for the pine timber on any
particular section or groups, according to the highest value as shown
Dy the Government estimate as herembefore provided for; and said
cash or certified check shall be retained and credited as part payment
of the purchase price should the bid be accepted, but shoula the bid
be rejected said cash or certified check shall be immediately returned
M I n i m u m to the bidder: Provided further ^ That said timber shall not be sold at a
price. price less than four dollars per thousand feet board measure for Nor-

way pine and five dollars per thousand feet board measure for white
Secretary of pine: Provided further ^ That the Secretary of the Interior may increase
the Interior may Baid minimum price on portions of said timber as he may deem justand
increase price, proper: Provided further y That said Secretary may, if he shall deem it
best, permit the purchaser of the timber on any Gfovemment section or
Erection of group to erect a mill of a capacity of not less than forty thousand feet
sawmui. board measure of lumber per day, and to manufocture thereat the tim-

ber on said Government sections or groups, said mill to be located on



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INDIAN LEGISLATION. 508

said section or group, or at such place in the immediate vidnity as may
be designated by said Secretary; and the said Secretary is authorizea Lease of land
to lease to such purchaser not exceeding three hundred and twenty liniited.
acres of land for mill purposes, for any one purchase, at an annual
rental to be fixed by the Secretary of the Interior, for a renewable term
not exceeding ten years, said term to end, in any event, so soon as
the timber purchased shall have been sawed and removed; said lease
of land to be exclusive of the timber thereon, which timber shall be
disposed of as herein provided for other timber: And provided further^
Tliat prior to any sale the Secretary of the Interior shall cause notices pabUcation ol
of said sale to be inserted once in each week, for four successive notice of sale,
weeks, in one news^per of general circulation, published in each
of the following dties, namely: Minneapolis. Saint Paul, Duluth,
Winona, and Crookston, Minnesota; Chicago, Illinois; Milwaukee, La
Croase, Ashland, Wausau, and Marinette, Wisconsin; Detroit, Saginaw,
Menominee^ and Bay City, Michigan; Philadelphia and William^port,
Pennsylvania; Boston, Massachusetts; New Orleans, Louisiana; Saint
Louis, Missouri; A1ban}r, New York; and Dubuque, Davenport, and
Burlington, Iowa, and in the following trade journals, to wit: The
Northwestern Lumberman, of Chicago^ Illinois, and the Mississippi
Valley Lumberman, of Minneapolis, Minnesota, of the sale of said
timber as herein provided to the highest bidder, with the right to
reject any and all bids, the first publication of said notices to be at Time of publi-
least six calendar months prior to said sale, said notices to state the <»^o"-
time and place and the terms of such sale, and to contain a general
description of the lands from which the timber is to be sold, and shall
i>^er intending bidders to the printed lists to be obtained from the
Commissioner of the General Land Office or register of the local land
office, as provided in section four of this act. Said notices shall also
state in wnat tracts or parcels the timber is to be sold: Provided, That Provisos.
one additional notice asdling attention particularly to the date of the Additional no-
sale shall be published thirty days prior to the day fixed for the sale^Se ^^ ^^ ^'
in the first advertisement: Provided further, That m cutting the tim-
ber on two hundred thousand acres of pine lands, to be selected as
soon as practicable by the Forester of the Department of Agriculture,
with the approval of the Secretary of the Interior, on the following
reservations, to wit, Chippewas of the Mississippi, Leech Lake, Cass Foreetry reaer-
Lake, and AVinnebigoshish, which said lands so selected shall be known v*^<>^
and hereinafter described as * forestry lands,' the purchaser shall be
required to leave standing five per centum of the pine timber thereon
for the purpose of reforestation, as hereinafter provided, said ^ve per
centum to be selected and reserv^ed in such manner and under such rules
and r^^ations as may be prescribed by the Forester of the Depart-
ment of Agriculture and approved by the Secretary of the Interior:
Provided further, That there shall be reserved from sale or settle-
ment the timber and land on the islands in Cass Lake and in Leech ervatioM*"^ "*^
Lake, and not less than one hundred and sixty acres at the extremity
of Sugar Point, on Leech Lake, and the peninsula known as Pine Point,
on which the new Leech Lake Agency is now located, which peninsula
approximates seven thousand acres, and in addition thereto ten
sections in area on said reservations last aforesaid, to be selected by
the Forester of the Department of Agriculture, with the approval of
the Secretary of the Interior, in lots not less than three hundred and
twenty acres each in contiguous areas; and nothing herem contained Allotment to
shall interfere with the allotments to the Indians heretofore and here- J°*^P® "^^ ^'
after made. The islands in Cass and Leech lakes and the land reserved *®*^*^*
at Sugar Point and Pine Point Peninsula shall remain as Indian land
imderthe control of the Department of the Interior.

"Each and every purchaser of timber hereunder shall be required Terms of a^jree-
and shall enter into an agreement to cut clean and remove all the mer-™®^*^-
chantable pine timber, whether green or dead, standing or fallen, on
each tract, subdivision, or lot covered by his purchase, except on the
forestry lands as hereinbefore provided, within such time as tne Secre-
tary 01 the Interior may direct, and under such rules and regulations
as he may prescribe, and to cut no timber other than pine, except such
as may be absolutely necessary in the economical conduct of the logging
operations, and to bum or remove a sufficient amount of the tops and

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504 IKDIAN LEGI8LATI0K.

refuse to prevent danger from fire to the timber left stimdiiig, mider
rules and regulations to be prescribed by the Secretary of the Interior,

Indian labor, and, when practicable, to employ Indian labor in the cutting, handling,

Bond. and manufacture of said timber. And each and every purchaser shall

be required to give a bond in a sufficient penalty, to be apj)roved by the
Secretary of the Interior, for the faithful performance of said agreement
and for the observance of the regulations of the Secretary of the Inte-

^viso. rior concerning the sale, cutting, and removal of such timber: Provided,

ulaUoM. '^ Thai the Secretary of the Interior shall, upon application, furnish to
any persons who may expect to bid, not more than ninety da^s prior
to the date of the sale of any pine timber hereinbefore mentioned, a
statement of the rules and regulations under which said pine timber
shall be cut and the tops and refuse thereof burnt or removed, and of
the time within which said timber must be removed.

Log marking. ** Before being removed from the tract from which they are cut, all

scaling, etc. j^gg ^y^^ hereunder shall be stamped and bark-marked by the logger

and numbered and scaled by competent and experienced scalers, to be

appointed by the Secretary of the Interior ana paid such reasonable

Record of salaries as may be fixed by him. Said scalers shall keep in suitable
marks, etc. books for reference a record of the marks, also a comj)lete list of the
numbers of all logs, with the 8<?ale of each log set opposite its number,
said scale books to be open to the inspection of the check sealer or to
any authorized Government representative at all times; and said logs
shall be landed separately from all other logs, and the title to said logs

Payment. shall remain in the United States for the benefit of the Indians; and
said logs shall not be removed from the place of landing until the pur-
chase price agreed upon shall be fully paid to such officer of the Inaian
Department as shall be designated by the Secretary of the Interior to

inBpeetion. account for and receive the same. And the Secretary of the Interior
may, at the request of the chiefs of said bands or tribes of Chippewa
Indians of the State of Minnesota interested in the said timber sales,



Online LibraryUnited States. Office of Indian AffairsAnnual report of the Commissioner of Indian Affairs → online text (page 86 of 117)