United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 119 of 150)
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This was the first section of an act entitled "An act to amend and extend the
provisions of an act entitled 'An act to provide for the opening of certain
abandoned military reservations, and for other purposes/ approved August
twenty-third, eighteen hundred and ninety four."

Section 2 of the act extended the preference right of entry given to actual
settlers by the act thereby amended for six months from the date of the
amendatory act.

Act July 5, 1884, c. 214, and Act Aug. 23, 1894, c 814, mentioned in this
secUon, are set forth' ante, §§ 500&-^K)06, 5009, 5010.

§ 5012. (Act Feb. 11, 1903, c. 543.) Selections by states m lieu
of school sections in abandoned military reservations^ con-
firmed; disposal of such school sections.
All State school indemnity selections in lieu of what are known
as school sections in abandoned military reservations made pur-
suant to the decision of the Secretary of the Interior dated Jan-
uary twenty-eighth, eighteen hundred and ninety-eight, and before
notice of the withdrawal of thaj: decision was received at the local
land office at which the selections were made, and which are oth-
erwise regular and free from any prior lawful claim, shall be con-
firmed by the Secretary of the Interior; and the lands in such
school sections in lieu of which such confirmed selections were
made shall be disposed of under the laws applicable to other lands
in such abandoned military reservations, a preference right being
accorded to those who have made and maintained a bona fide set-
tlement or entry pursuant to said decision of the Secretary of the
Interior. (32 Stat. 822.)

This was an act entitled "An act adjusting certain conflicts respecting State^
school indemnit^^ selections in lieu of school sections in abandoned military
reservations."

General provisions for selections by States in lieu of school lands, supply
deficiencies thereof, are contained in R. S. §§ 2275, 2276, ante, §§ 4860, 4861.

Special provisions for opening to homestead entry the lands embraced in the
abandoned Fort Lyon, the Old Fort Lyon, and the Pagosa Springs Military
Reservations, in Colorado, were contained in Act Oct. 1, 1890, c 1240, 26
Stat^ 561.

The undisposed of public lands in the abandoned Fort Buford Military Res-
ervation in North Dakota and Montana were made subject to disposal under
the homestead, town-site and desert-land laws by Act May 19, 1900, c. 484,
31 Stat. 180.

Each homestead entryman on lands in the abandoned Fort Fetterman Mil-
itary Reservation, in Wyoming, was given the right to purchase not more than
one quarter section of the public lands on that reservation for pasture or graz-
ing land, by Act March 3, 1901, c. 833, 31 Stat. 1085.

A similar right was given to homesteaders on the abandoned Fort Brid^er,
Fort Sanders, or Fort Laramie Military Reservations, or the abandoned Fort
Laramie Wood Reservation, by Act May 31, 1902, c. 945, 32 Stat. 283.

Provisions for the reappraisement and sale of the lands, formerly in the
abandoned Walla Walla Military Reservation in Washington, then remain-
ing undisposed of, were contained in Act April 22, 1904, c. 1415, 33 Stat 243.

H(Omestead entrymen upon the lands of the abandoned Fort Abraham Lin-
coln Military* Reservation in North Dakota were entitled to a patent therefor

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§ 5012 THB PUBLIC LANDS (Tit 32

upon compliance with the homestead laws witboat pajinf tiie apprmiaed Tsloe,
by Act April 23, 1904, c. 1496, 33 Stat 306.

Provisions for the disposal of the unsold lots in the abandoned Fort Craw-
ford Military Reservation, in Wisconsin, giving occupants and settlers a pref-
erence right of purchase, were contained in Act April 2S, 1904, c. 1600, 33
Stot 306.

The Secretary of the Interior was authorised to dispose of tba lands la
the abandoned Fort Shaw Military Reservation, in Montana, onder the pro-
visions of the public land laws, by Act June 0, 1906, c. 8066, 84 Stat 228.

The laws for the disposal of the public lands were extended to lands in the
abandoned Fort Crittenden Military Reservation, in Utah, and homestead
entrymen upon the abandoned Fort Rice Military Reservation, in Nortli
Dakota, were entitled to patent upon compliance with the homestead lawt
without paying the appraised value of the lands, by Act June 30, 1906, c
3931, 34 Stat 808.

Portions of the lands of the abandoned Fort Sheridan Military Reservatioa
and the abandoned Fort McPherson Military Reservation, which had become
subject to homestead entry were exempted from the payment of tha appraised
values, by Act May 29, 1908, c 220, I 8. 35 Stot 467.

The Carey Act, Act Aug. 18, 1894, c 301, | 4, was extended to lands in
the former Fort Bridger Military Reservation, In Wyoming, by Act Feb. Ifl,
1911, c. 90, 86 Stot 913.

The Secretary of the Interior was authorised to sell the lands, buadings,
and other appurtenances of the old Fort Spokane Militory Reservation* then
used for Indian school purposes, by Act March 8, 1911, c 210, 36 Stot. 107S.

The unreserved lands within the former Fort Niobrara Militory Reservatitm.
in Nebraska, except certain portions granted to the Stote, the City of Valen-
tine, and certoin individuals, were made subject to homestead antiy hj Act
Jan. 27, 1913, c. 14, 37 Stot 651.



CHAPTER TEN I
Ceded Indian Reservations

This chapter, inserted here as additional to the original chapters of Tttfe
XXXII of the Revised Stotutes, includes those acto of Congress which were
of general application to ceded Indian reservations and lands. The agree-
menu with the Indians of various tribes or nations for the purchase or ces-
sion of all or parto of their lands, the acto of Congress ratifying the agree-
mento or treaties, making appropriations for payment to the Indians therefor,
providing for the allotment to the Indians of the lands reserved from the oes-
sioDs, providing for the disposition of the remainder under the public land
laws, including the homestead, town-site, and desert-land laws, and authorising
new agreemento looking to the cession of other lands, and the proclamations
of the President opening said lands to settlers, being special and local, inas-
much as they each related to some particular tract of land belonging to tome
particular tribe or nation of Indians, are omitted. The general policy ob-
served throughout in the acquisition and disposition of these lands was tlie
same, the differences being mainly in the minor detoils incident to their dis-
position, principally under the homestead laws, such as regards the time of
entry, persons who might enter, number of acres which they might enter,
prices to be paid, right to commute, etc. In the case of entries under the
homestead laws, where any of the provisions of the general laws have been ex-
pressly declared inapplicable to said entries that fact has been noted onder the
proper section in the chapter relating to homestead*— Chapter 6 of thia Htls.

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Ch. lOl) THE PUBLIC LANDS § 5013

Sec. Sec.

5013. Free homesteads to settlers on 5016. Negotiations by Secretary of In-

Indian lands acquired and terior for cession of Indian

opened to settlement; commu- lands.

tation rights; payments to In- 5017. Olassification and appraisement

dians. of unallotted and unreserred

5014. Commutation by settlers under Indian lands authorized.

free homestead law. 5018. Agreements with Indians not to

5015. Second homestead entry by set- be affected by act

tiers on ceded Indian lands 5019. Town-site laws extended to ceded
having made final entry by Indian lands in Minnesota,

payment of price before pas-
sage of free homestead law.

§ 5013. (Act May 17, 1900, c. 479, § 1.) Free homesteads to set-
tlers on Indian lands acquired and opened to settlement; com-
mutation rights; pa3rments to Indians.
All settlers under the homestead laws of the United States upon
the agricultural public lands, which have already been opened to
settlement, acquired prior to the passage of this Act by treaty or
agreement from the various Indian tribes, who have resided or
shall hereafter reside upon the tract entered in good faith for the
period required by existing law, shall be entitled to a patent for
the land so entered upon the payment to the local land officers of
the usual and customary fees, and no other or further charge of
any kind whatsoever shall be required from such settler to entitle
him to a patent for the land covered by his entry : Provided, That
the right to commute any such entry and pay for said lands in
the option of any such settler and in the time and at the prices
now fixed by existing laws shall remain in full force and effect:
Provided, however, That all sums of money so released which if
not released would belong to any Indian tribe shall be paid to
such Indian tribe by the United States, and that in the event that
the proceeds of the annual sales of the public lands shall not be
sufficient to meet the payments heretofore provided for agricul-
tural colleges and experimental stations by an Act of Congress,
approved August thirtieth, eighteen hundred and ninety, for the
more complete endowment and support of the colleges for the ben-
efit of agricultural and mechanic arts, established under the provi-
sions of an Act of Congress, approved July second, eighteen hun-
dred and sixty-two, such deficiency shall be paid by the United
States: And provided further. That no lands shall be herein in-
cluded on which the United States Government had made valuable
improvements, or lands that have been sold at public auction by
said Government. (31 Stat. 179.)

This was the first section of an act entitled "An act providing for free
homesteads on the public lands for actual and bona fide settlers, and reserving
the public lands for that purpose."
Section 2 of the act repealed all acts and parts of acts in conflict therewith.
Prior to the passage of this act, the acts of Congress ratifying the cessions
of Indian lands, and providing for the opening of the lands so ceded, or the
proclamations of the President declaring said lands opened to settlement, usual-
ly contained provisions that the lands should be opened to settlement under
the homestead laws of the United Stat^ except that R. S. | 2301, ante, I

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§ 5013 THB PUBLIC LANDS (Tit 32

4589, iboold not be applicable; tboa denyinar to •ettlera under the acts tke
right to commute their entriea. By the provision in this act, all settlers on In-
dian lands which were ceded and opened to settlement prior to May 17, 190().
were entitled to commute their entries, in the option of such settlers, in the
time and at the prices now fixed by existing laws. It may be doubted whether
or not this provision permitted settlers on said lands to commute their en-
tries when the acts under which their entries were made prohibited such com-
mutations. However, by the provisions of Act Jan. 26, 1001, c 180, post, I
5014, the provisions of R. S. f 2301, ante, { 4580, were extended to all set-
tlers on lands under this act, except that said settlers were required to pay
the price provided in the law under which their original entries were made.
This supplementary act clearly permitted settlers on said lands to commute
their entries, although the laws under which said entries were made forbade
such commutations.

The laws authorizing the commutation of homesteads in the Territory of
Oklahoma generally were applicable to the commutation of homesteads In
Greer county, Okl., by Act Jan. 18, 1887, c 62, I 7, post, | 604a

Homestead settlers who, prior to the passage of this act, had acquired title
to the land by final entry by payment of the price provided in the law open-
ing the land to settlement, and who would have been entitled to the provisions
of the act had final entry not been made prior to its passage, were authorised
to make another homestead entry, by Act May 22, 1002, c. 821, { 2, post, i
6015.

The provisions of Act May 2, 1800, c. 182, I 22, post, { 5023, for oommnta-
tion for town-site purposes of homestead entries in Oklahoma, was made ap-
plicable to lands in Oklahoma ceded by certain Indian bands and tribes, by
Act March 11, 1002, c. 180, 32 Stat. 63.

Settlers upon all ceded Indian reservations were granted extensions of tioie
in which to make the payments required by law by Act June 10, 1896, c 398,
I 1, 29 Stat. 342, Act June 7, 1807« c 8, f 1, 30 Stot 87, and Act May 31,
1000, c 508, I 1, 81 Stat 241. Settlers upon all ceded IndUn reservations in
Minnesota were granted an extension of one yearns time in which to make the
required payments, by Act June 21, 1006, c 3504. The extensions granted
by all of these acts having expired, and the acts being temporary merely, they
are omitted.

§ 5014. (Act Jan. 26, 1901, c. 180.) Commutation by settlers un-
der free homestead law.
The provisions of section twenty-three hundred and one of the
Revised Statutes of the United States, as amended, allowing
homestead settlers to commute their homestead entries be, and the
same hereby are, extended to all homestead settlers affected by or
entitled to the benefits of the provisions of the Act entitled "An
Act providing for free homesteads on the public lands for actual
and bona fide settlers, and reserving the public lands for that pur-
pose," approved the seventeenth day of May, anno Domini nine-
teen hundred: Provided, however, That in commuting such en-
tries the entryman shall pay the price provided in the law under
which original entry was made. (31 Stat. 740.)

R. S. I 2301, as amended by Act March 3. 1801, c. 6C1, | 6, 26 Stot 109S,
ante, | 4589, provided that all persons entitled to avail themselves of the pro-
visions of R. S. I 2289, ante, | 4530, might pay the minimum price for tb«
quantity of land entered by them at any time after the expiration of four-
teen calendar months from the date of their entry, and obtoin a patent tbere^
for, upon making proof of settlement and of residence and cultivation for sucb
period of fourteen months. This act made said section appUcable to aU set-
tlers on Indian lands ceded and opened to settlement prior to May 17, 1900,

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Ch. lOl) THB PUBLIC LANDS § 6016

although the acts under which the original entries were made forbade the com-
mutation.

The laws authorizing the commutation of homesteads In the Territory of
Oklahoma generally are applicable to the commutation of homesteads in Greer
county, Okl., by Act Jan. 18, 1897, c. 62, § 7, post, § 5043.

Homestead settlers on certain ceded Indian lands in South Dakota were to
be entitle to the provisions of this act, by Act May 22, 1902, c. 821, I 1, 32
Stat 203.

§ 5015. (Act May 22, 1902, c. 821, § 2.) Second homestead entry
by settlers on ceded Indian lands having made final entry by
payment of price before passage of free homestead law.
Any person who, prior to the passage of an Act entitled "An
Act providing for free homesteads on the public lands for actual
and bona fide settlers, and reserving the public lands for that pur-
pose," approved May seventeenth, nineteen hundred, having made
a homestead entry and perfected the same and acquired title to the
land by final entry by having paid the price provided in the law open-
ing the land to settlement, and who would have been entitled to the
provisions of the Act before cited had final entry not been made
prior to the passage of said Act, may make another homestead entry
of not exceeding one hundred and sixty acres of any of the public
lands in any State or Territory subject to homestead entry: Pro-
vided, That any person desiring to make another entry under this
Act will be required to make affidavit, to be transmitted with the
other filing papers now required by law, giving the description of the
tract formerly entered, date and number of entry, and name of the
land office where made, or other sufficient data to admit of readily
identifying it on the official records: And provided further. That
said person has all the other proper qualifications of a homestead
entryman: And provided also, That commutation under section
twenty-three hundred and one of the Revised Statutes, or any amend-
ment thereto, or any similar statute, shall not be permitted of an
entry made under this Act, excepting where the final proof, sub-
mitted on the former entry hereinbefore described, shows a residence
upon the land covered thereby for the full period of five years, or such
term of residence thereon as added to any properly credited military
or naval service shall equal such period of five years. (32 Stat.
203.)

This section was part of an act entitled "An act to allow the commutation
of and second homestead entries in certain cases.*'

Section 1 of the act allowed commutation by homestead entrymen upon the
Sioux Indian Reseryation in South Dakota.
Act May 17, 1900, c 470, I 1, mentioned in this section, is ante, § 5013.

§ 5016. (Act March 3, 1901, c. 832, § 1.) Negotiations by Secre-
tary of Interior for cession of Indian lands.
That the Secretary of the Interior be, and he is hereby, authorized,
in his discretion, to negotiate, through any United States Indian
inspector, agreements with any Indians for the cession to the United
States of portions of their respective reservations or surplus unallotted

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g 6016 THB PUBLIC LANDS (Tit 32

lands, any agreements thus negotiated to be subject to subsequent
ratification by Congress. (31 Stat. 1077.)

This was a piovirion of the Indian appropriation act for the fiscal jcar
1902, dted above.

Prior to the passage of this act the President was authorised, on eadi occa-
sion when it was desired to acquire any lands from particular tribes or na-
tions of Indians, by an act of Congress, to appoint commissioners to nego-
tiate agreements with the Indians for the acquisition of the tracts desired, sub-
ject to ratification by Congress.

§ 5017. (Act June 6» 1912» c. 155.) Classification and appraise-
ment of unallotted and unreserved Indian lands authorised.

That the Secretary of the Interior be, and he is hereby, author^
ized to cause to be classified or reclassified and appraised or reap-
praised, in such manner as he may deem advisable, the unallotted
or otherwise unreserved lands within any Indian reservation
opened to settlement and entry but not classified and appraised in
the manner provided for in the Act or Acts opening such reserva-
tions to settlement and entry, or where the existing classification
or appraisement is, in the opinion of the Secretary of the Interior,
erroneous. (37 Stat. 125.)

This was an act entitled "An act authorizing the Secretary of the Interior
to classify and appraise unallotted Indian lands."

§ 5018. (Act March 3, 1891, c. 561, § 10.) Agreements with In-
dians n6t to be affected by act.
Nothing in this act shall change, repeal, or modify any agree-
ments or treaties made with any Indian tribes for the disposal of
their lands, or of land ceded to the United States to be disposed of
for the benefit of such tribes, and the proceeds thereof to be placed
in the Treasury of the United States ; and the disposition of such
lands shall continue in accordance with the provisions of such trea-
ties or agreements; except as provided in section 5 of this act,
(26 Stat. 1099.)

This section was part of the act repealing the timber-culture laws. Other
sections are set forth or referred to post, I 5116.

§ 5019. (Act Feb. 9, 1903, c. 531.) Town-site laws extended to
ceded Indian lands in Minnesota.
Chapter eight, title thirty-two, of the Revised Statutes of the
United States, entitled "Reservation and sale of town sites on the
public lands," be, and is hereby, extended to and declared to be
applicable to ceded Indian lands within the State of Minnesota.
This act shall take effect and be in force from and after its passage.
(32 Stat. 820.)

This was an act entitled "An act to extend the provisions of diapter eixbc,
title thirty-two, of the Revised Sutntes of the United States, entitled 'Res-
ervation and sale of town sites on the public lands,* to the ced^ Indian lands
in the SUte of Minnesota.*'

Chapter 8 of this Title of the Revised Stotutes, mentioned in this act, !•
set forth ante, H 4784-4801.

Homestead settlers on ceded Indian reservations in Minnesota are granted
an extension of time to make payments for the lands purchased hy them, bj
a provision of Act June 21, 1906, c 3504, 34 Stat 326.
Special provisions for opening to settlement relinquished lands of the Walk-

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Ch. lOl) THE PUBLIC LANDS § 5019

er River Reserration in Nevada were made by Act May 27, 1902, o. 888, 32
Stat. 261.

Special proyisions extending the homestead laws to lands included within
the former Ute Indian Reservation in Ck)lorado were made hy Act June 13,
1902, c. 1080, 32 Stat. 384.

Provisions for opening to homestead entry agricultural lands of the Ohlp-
pewa Indian Reservation in Minnesota, after the removal of the Merchantable
pine timber therefrom, were made by Act June 27, 1902, c 1157, 32 Stat.
403, and Act May 20, 1908» c. 181, | 8, 85 Stat 171. Subsequent provisions
for offering for sale and disposing of the unsold timber on lands classified as
**pine lands," and for opening to homestead settlement such lands on which
there is unsold pine timber after such re-offering, were contained in Act June
25, 1910, c 431, I 27, 36 Stat 862.

Provisions for the sale, subject to the homestead laws, of part of the Red
Lake Reservation in Minnesota, were made by Act Feb. 20, 1904, c 161, 33
Stat 46, and the time for payments by homestead settlers thereon was extend-
ed by Act March 26, 1910, c 129, f 1, 36 Stat 265. Subsequent provisions re-
lating to homestead entries on such lands were made by Act Feb. 16, 1911, c
91. 36 Stat 913.

Provisions for patents to settlers under the homestead laws on agricultural
public lands in the north one-half of the ColviUe Indian Reservation in
Washington were made by Act Feb. 7, 1903, c. 514, 32 Stat. 803. And
the sale and disposition of surplus or unallotted lands in the dimished Golville
Reservation was provided for by Act March 22, 1906, c. 1126, 34 Stat 80.

Provisions making all lands of the former Fort HaU Indian Reservation in
Idaho, offered for sale in accordance with Act June 6, 1900, c. 813, 31 Stat.
672, and remaining unsold, subject to entry in accordance with the provisions
of section 5 of that act, were made by Act March 30, 1904, c. 854, 33 Stat.
153.

The right was given to the State of South Dakota to select school indemnity
or other lands granted to the State in the ceded portion of the Great Sioux
Reservation in South Dakota, and the general laws for the disposal of the
public lands were extended to and made applicable to said ceded portion of that
reservation, by Act March 30, 1904, c. 855, 33 Stat 154. Commutation by
homestead entrymen upon such lands was allowed by Act May 22, 1902, c.
821, i 1, 32 Stat 203. -

Provisions for the survey and allotment of lands within the limita of tiie
Flathead Indian Reservation in Montana, and the sale and disposal of all sur-
plus lands after allotment, were made by Act April 23, 1904, c 1495, 33 Stat.
802, amended by Act May 29, 1908, c. 216, § 15, 35 Stat 448, and Act April
12, 1910, c. 156, 36 Stat 296, and in Act June 25, 1910, c. 431, { 29, 36 Stat
863.

Provisions for the sale and disposal of surplus or unallotted lands of the
Yakima Indian Reservation in Washington were made by Act Dec 21, 1904,
c. 22, 33 Stat. 595, amended by Act May 6, 1910, c. 203, 86 Stat 348, and in
Res. Jan. 29, 1907, No. 9, 34 Stat 1420.

The time within which homestead settlers may establish their residence up-
on certain lands formerly part of the Rosebud Indian Reservation in South
Dakota or of the Devils Lake Indian Reservation in North Dakota, was ex-
tended by Act Feb. 7, 1905, c. 545, 33 Stat 700.

Provisions for appraisement and opening to homestead settlement and en-
try of relinquished and undisposed-of portions of Round Valley Indian Reser-
vation in CaUfomia were made by Act Feb. 8, 1905, c. 553, 33 Stat 706.

Provisions for the disposal, under the homestead, town-site, coal, and min-
eral land laws, of ceded lands of the Shoshone or Wind River Reservation
in Wyoming were made by Act March 8, 1905, c. 1452, § 2, 33 Stat 1021, Res.
March 28, 1906, No. 12, 34 Stat 825, and Act Feb. 25, 1909, c. 197, 35 Stat
660.

Provisions for the sale and disposal under the homestead laws of a portion of

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 119 of 150)