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 120 of 150)
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6019 THE PUBLIC LANDS (Tit 32

the Lower Brule Indian Reservation in South Dakota were made by Act
April 21, 1906, c. 1645, 34 Stat 124.

Proyisioni for the disposal, under the homestead, mineral and town-site laws,
of lands, not allotted or reserved or otherwise disposed of, of the Blackfe^^t
Indian Reservation in Montana, were made by Act Bfarch 1, 1907, c. 2285, 34
Stot 1035-1039.

Provisions for the sale and disposal, under the homestead and towD-dts
laws, of a portion of the surplus or unallotted lands of the Rosebud Indian
Reservation in South Dakota, were made by Act March 2, 1907, c 2536. 34
Stat. 1230, and the time for payments by homestead settlers thereon was ex-
tended by Act March 26, 1910, c 129, | 2, 36 Stat 265, and Act Auf . 17, 1911.
c. 22, 37 Stat 21.

Land in any of several Indian reservations in Minnesota, not included in
the National Forest created in that state, classiOed as a^cultural land, was
declared open to homestead settlement, and said land classified as timber land
was to be open to homestead settlement as soon as the timber was reuMnred
therefrom, by Act May 23, 1908, c. 193, | 4, 35 SUt 272.

Provisions for the sale of certain lands reserved for agency and school pur-
poses in the former Cheyenne and Arapahoe Indian Reservation in Oklahoma
were made by Act May 29, 190S, c. 216, | 12, 35 Stat 447, amended by Act
Jan. 31, 1910, c. 21, 36 Stat. 190. Provisions for opening to entry under the
homestead laws lands so reserved were made by Act June 17, 1910, c 290.
30 Stat. 533, and the time for payment therefor was extended by Act Aug. 22.
1911, c. 44, 37 Stat 33, and by Act Aug. 24. 1912, c 388. 37 Stat 5W.

Provisions for the sale and disposal of surplus unallotted agricultural lands
of the Spokane Indian Reservation in Washington, were made by Act May
29, 1908. c. 217, 35 Stat 45a

Provisions for the sale and disposal, under the homestead and town-site law*,
of a portion of the surplus and unallotted lands in the Cheyenne River and
Standing Rock Indian Reservations in South Dakota and North Dakota, wen>
made by Act May 29, 1908, c. 218. 35 Stat. 400, amended by Act Feb. 17, 1910.
c. 40, 36 Stat 196, and Act March 26, 1910, c. 129. i 4, 36 Stat 266.

Provisions for the survey and allotment of lands within the limita of the
Fort Peck Indian Reservation in Montana and the sale and disposal of the
surplus lands after allotment, were made by Act May 30, 1908, c. 237, 35 Stat
558.

The time fixed for opening to public entry unallotted lands in the Uintah Res-
ervation in Utah, previously extended by several preceding acts, was fur-
ther extended by a provision of Act March 3, 1905, c. 1479. 33 Stat. IfKJW.
Provisions for commutation of homestead entries on said lands were made by
Act March 3, 1911. c 210. 36 Stat 1074.

The public-land laws were extended to certain territory ten miles »i|nan»
ceded by the Shoshone and Arapahoe Indians, by Act March 19, 1906, c 9tU«
34 Stat 78.

The establishment of town-sites and the sale of lota within the common
lands of the Kiowa. Comanche, and Apache Indians in Oklahoma, wer« au-
thorized by Act March 20. 1906. c 1125, 34 Stat 80. And the opening to set-
tlement and disposal of certain lands, previously set apart as grazing land and
as a wood reservation, in the Kiowa, Comanche, and Apache Indian reserra-
tions in Oklahoma, was provided for by Act June 5, 1906, c. 2580, 34 Stat
213. and Act June 28, 1906. c. 3581, 34 Stat 550.

The time within which paymenta were required by those acta was extended
one year by Act March 11, 1908. c. 79. 35 Stat 41, and further extended by
Act March 26. 1910, c 129. f 3, 36 Stat 266. And the sale of tracta of Und
remaining unsold under said Act June 5. 1906, and also under Act June 6»
1900. c. 813. I 6. 31 Stat 676, is provided for by Act May 29. 1908, c 216.
i 24. 35 Stat 456.

Provisions for the sale of lands in the Sileta Reservation in Oregon
made by Act May 18, 1910, c 233, 36 Stat 367. And provisions for tha

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Ch. IOj)



THE PUBLIC LANDS



§ 5019



sne of patents on certain pending homestead entries within said Reservation
were made by Act March 4, 1911, c. 272, 36 Stat. 1356.

Provisions for the sale and disposal of surplus and unallotted lands in that
portion of the Pine Ridge Indian Reservation in Bennett county, South Da-
kota, were made by Act May 27, 1910, c 257, 36 Stat 440.

Provisions for the sale and disposal of surplus and unallotted lands in that
portion of the Rosebud Indian Reservation in Mellette and Washabaugh Coun-
ties, South Dakota, were made by Act May 30, 1910, c. 260, 36 Stat. 448.

Provisions for the survey and allotment of lands within the limits of the
Fort Berthold Indian Reservation in North Dakota, and the sale and dis-
posal of the surplus lands after allotment, were made by Act June 1, 1910, c.
264, 36 Stat 455.

The sale for town-site purposes of certain portions of the surplus and un-
allotted lands in the Cheyenne River Indian Reservation in South Dakota
was authorized by Act June 23, 1910, c. 369, 36 Stet. 602.

Section 3 of Act May 1, 1888, c. 213, 25 Stat. 133, providing that certain
lands of the Gros Ventre, Piegan, Blood, Blackfoot, and River Crow Reserva-
tion, in Montana, to which the Indian title was extinguished, should be re-
stored to the public domain, and be open to entry under the homestead laws
except R. S. § 2301, ante, § 4589, authorizing commutation, and under other
laws specified, was amended, to provide that said lands should be open to the
operation of laws regulating the entry, sale, or disposal of the public lands, and
previous entries under any of such laws were confirmed, by Act March 3,
1911, c 218, 36 Stat 1080.



CHAPTER TEN J
Public Lands in Oklahoma

This chapter, inserted here as additional to the original chapters of Title
XXXII of the Revised Statutes, includes the general and permanent provisions
relating to the public lands in Oklahoma generally, and to those in Greer Coun-
ty, Oklahoma. Provisions relating to lands ceded by particular Indian tribes
are set forth or referred to ante, under chapter 101, of this Title, "Ceded
Indian Reservations.*'

Since the Territory of Oklahoma was admitted into the Union as a Statp
by Act June 16, 1906, c 3335, 34 Stet 267, the words "Territory of," and
**Territory," wherever they occur in the acts in this chapter, were superseded
thereby, when they have reference to Oklahoma.



Sec. Sec.

5020. Homestead entries on Indian 5024.

lands; soldiers' and sailors*
homesteads; reservation of
school and missionary lands; 5025.
rights of railroad corporations.

5021. Procedure in applications, en- 5026.

tries, etc., in Oklahoma; se-
lections to be in square form; 5027.
limitation of amount of hold-
ing; soldiers' and sailors' home- 5028.
steads.

5022. Patents upon homestead entries

on payment at expiration of
twelve months after location. 5029.

5023. Town-site laws made applicable; 5030.

lands open to entry; reserva-
tions for parks, etc.; rights of 5031.
homestead settlers. 5032.



Reservations between sections of
land in Oklahoma for highway
purposes.

Fraudulent settlement on lands
in Oklahoma; punishment.

Rights of occupants not impaired
by provisions of act.

Non-mineral character of lands
in Oklahoma.

Division of Oklahoma into coun-
ties before opening lands to
settlement; reservation of lands
for county seats.

Entry by trustees.

Certificate or other evidence of
occupancy.

Church lots.

Sale or reservation of lots.



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§ 5020 THB PUBLIC LANDS (Tit 32

fl«e. e«o.

5088. Town-dte law of E^ansas to for- Ore«r county; preference rigbt;

em trustees pnrchaae of additional lands,

5084. Preference of pending entries; riglits of eettlen^ families; cf-

appeals. feet of deatli of settler; remor-

5085. Authority, duties, and compensa- al of crops and improrements,

tioD of trustees. 5041. Unoccupied lands subject to en-

5036. Town-site laws extended to Cher- try tinder homestead laws only.

okee Outlet 5042. Town-site entries.

5037. Boards of town-site trustees abol- 5043. Application of act to Greer coun-

ished. ty only; repeal; commutation

5038. Vacation of town-sites; home- of homesteads.

stead entries; sale. 6044. Right of purchasers from Texas

5039. Vacated town-sites to be sold by to perfect title under booie-

towns or as isolated tracts. atead laws notwithstanding

5040. Homestead settlers on lands in previous entries tbereonder.

§ 5020. (Act May 2, 1890, c. 182, § 18.) Homestead entries on
Indian lands; soldiers* and sailors' homesteads; reservation
of school and missionary lands; rights of railroad corpora-
tions.
Whenever any of the other lands within the Territory of Ok-
lahoma, now occupied by any Indian tribe, 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 law, except section twenty-three
hundred and one of the Revised Statutes of the United States, 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, a sum
per acre equal to the amount which has been or may be paid by the
United States to obtain a relinquishment of the Indian title or inter-
est therein, but in no case shall such payment be less than one dol-
lar and twenty-five cents per acre. The rights of honorably dischar-
ged soldiers and sailors in the late civil war, as defined and described
in sections twenty-three hundred and four and twenty-three hundred
and five of the Revised Statutes of the United States, shall not be
abridged except as to such payment. All tracts of land in Oklahoma
Territory which have been set apart for school purposes, to edu-
cational societies, or missionary boards at work among the Indians,
shall not be open for settlement, but are hereby granted to the re-
spective educational societies or missionary boards for whose use the
same has been set apart. No part of the land embraced within
the Territory hereby created shall inure to the use or benefit of
any railroad corporation, except the rights of way and land for
stations heretofore granted to certain railroad corporations. Nor
shall any provision of this act or any act of any officer of the
United States, done or performed under the provisions of this act
or otherwise, invest any corporation owning or operating any
railroad in the Indian Territory, or Territory created bv this act,
with any land or right to any land in either of said Territories,
and this act shall not apply to or affect any land which, upon any
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Ch. lOj) THE PUBLIC LANDS § 5021

condition on becoming a part of the public domain, would inure
to the benefit of, or become the property of, any railroad corpora-
tion. (26 Stat. 90.)

These proyisions were part of section 18 of an act proyiding a temporary
goyemment for Oklahoma, cited ahoye.

The portion of the section, at the beginning thereof, preceding the part set
forth here, proyided for reseryation of school lands, and for entries under the
homestead laws on the "Public Land Strip," and on lands ceded by the Mus-
kogee (or Creek) and Seminole Indians.

Sections 20-24 and 27 of this act are set forth post, U 5021-5026. Section
25 excepted Greer county from the proyisions of the act Special provisions
applicable only to lands in Greer county are set forth post, §§ 5040-5014.

R. S. f 2301, ante, § 4689, mentioned in this section, proyided for the commu-
tation of homestead entries.

All settlers on Indian lands, acquired and opened to settlement prior to
May 17, 1901, who reside on their lands the required length of time, are en-
titled, upon proper proof, to patents therefor upon payment of the land-office
fees only, and the right to commute such entries in the time and at the prices
fixed by existing laws remains in full force and effect, by Act May 17, 1900,
c. 479, § 1, ante, § 5013. The provisions of R. S. § 2301, as amended were
extended to all settlers on said lands, by Act Jan. 26, 1901, c. 180, ante, I 5014.

Homestead entries by soldiers and sailors were provided for by R. S. |§
2304, 2305, ante, || 4592, 4593.

§ 5021. (Act May 2, 1890, c. 182, § 20.) Procedure in applications,
entries, etc., in Oklahoma; selections to be in square form;
limitation of amount of holding; soldiers' and sailors' home-
steads.
The procedure in applications, entries, contests, and adjudica-
tions in the Territory of Oklahoma shall be in form and manner
prescribed under the homestead laws of the United States, and
the general principles and provisions of the homestead laws, ex-
cept as modified by the provisions of this act and the acts of Con-
gress approved March first and second, eighteen hundred and eighty-
nine, heretofore mentioned, shall be applicable to all entries made
in said Territory, but no patent shall be issued to any person who is
not a citizen of the United States at the time of making final proof.
All persons who shall settle on land in said Territory, under the pro-
visions of the homestead laws of the United States, and of this act,
shall be required to select the same in square form as nearly as may
be ; and no person who shall at the time be seized in fee simple of a
hundred and sixty acres of land in any State or Territory, shall here-
after be entitled to enter land in said Territory of Oklahoma. The
provisions of sections twenty-three hundred and four and twenty
three hundred and five of the Revised Statutes of the United States
shall, except so far as modified by this act, apply to all homestead
settlements in said Territory. (26 Stat. 91.)

See note to section 18 of this act, ante, f 5020.

The acts referred to in this section are Act March 1, 1889, c. 317, 25 Stat.
757, which ratified and confirmed an agreement with the Muskogee (or Creek)
Indians for the cession of certain of their lands, and provided for homestead
entries thereon, and Act March 2, 1889, c. 412, 25 Stat. 1004, which appro-
priated money for payment to the Seminole Indians for lands ceded by them,
and provided for entry thereon under the homestead laws, authorized negotia-

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§ 5021 THE PUBLIC LANDS (Tit 32

tions for die cession of lands from the Cherokee Indians, and proridad for
the openingr of said lands, if ceded, for settlement

The other modifications of the homestead laws mentioned io thla aectioii
are those which related to entries of special cessions of land. A synopsis of
them is given in the note to Act May 17, 1900, c. 470, 1 1, ante, | 5013.

Soldiers* and sailors' homestead entries were provided for by R. 8. H 2304,
2305, ante, H 4592, 4593.

§ 5022. (Act May 2, 1890» c. 182, § 21.) Patents upon homestead
entries on payment at expiration of twelve months after loca-
tion.
Any person, entitled by law to take a homestead in said Terri-
tory of Oklahoma, who has already located and filed upon, or shall
hereafter locate and file upon, a homestead within the limits de-
scribed in the President's proclamation of April first, eighteen hun-
dred and eighty nine, and under and in pursuance of the laws ap-
plicable to the settlement of the lands opened for settlement by
such proclamation, and who has complied with all the laws relat-
ing to such homestead settlement, may receive a patent therefor
at the expiration of twelve months from date of locating upon
said homestead upon payment to the United States of one dollar
and twenty-five cents per acre for land embraced in such home-
stead. (26 Stat. 91.)

See notes to section 18 of this act, ante, { 5020.

Subsequent special provisions for commutation of homestead entries on lands
in Oklahoma within the lands acquired from particular tribes of Indiani, or
the Public Land Strip, or the Cherokee Outlet, were made bj Act March 3.
1801. c 543, I 16. 26 Stat 1026, Act March 3. 1893. c 209, § 10. 27 Sut 643.
Act Oct 20, lfi93, c 5, I 2. 28 Sut, 3. Act May 17, 1900, c. 479, 31 Stot 179.
and Act Jan. 20. 1901. c 180. 31 Stat 740.

General provisions for commutation of homestead entries on lands acquired
from Indian tribes were made by Act May 17, 1900, c 479, | 1, ante, f 5013.

§ 5023. (Act May 2, 1890, c. 182, § 22.) Town-site laws made ap-
plicable; lands open to entry; reservations for parks, etc;
rights of homestead settlers.
The provisions of title thirty-two, chapter eight of the Revised
Statutes of the United States relating to "reservation and sale
of town sites on the public lands" shall apply to the lands open, or to
be opened to settlement in the Territory of Oklahoma, except those
opened to settlement by the proclamation of the President on the
twenty-second day of April, eighteen hundred and eighty-nine : Pro-
vided, That hereafter all surveys for town sites in said Territory
shall contain reservations for parks (of substantially equal area if
more than one park) and for schools and other public purposes,
embracing in the aggregate not less than ten nor more than twenty
acres ; and patents tor such reservations, to be maintained for such
purposes, shall be issued to the towns respectively when organized
as municipalities : Provided further, That in case any lands in said
Territory of Oklahoma, which may be occupied and filed upon as a
homestead, under the provisions of law applicable to said Territory,
by a person who is entitled to perfect his title thereto under such
laws, are required for town site purposes, it shall be lawful for such
person to apply to the Secretary of the Interior to purchase the lands

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Ch. lOj) THE PUBLIC LANDS § 5026

embraced in said homestead or any part thereof for town-site pur-
poses. He shall file with the application a plat of such proposed
town-site, and if such plat shall be approved by the Secretary of the
Interior, he shall issue a patent to such person for land embraced in
said town site, upon the payment of the sum of ten dollars per acre
for all the lands embraced in such town site, except the lands to be
donated and maintained for public purposes as provided in this
section. And the sums so received by the Secretary of the Interior
shall be paid over to the proper authorities of the municipalities wheij
organized, to be used by them for school purposes only. (26 Stat.
91.)

See notes to section 18 of this act, ante, f 5020.

Oklahoma was admitted into the Union as a State by Act Jane 16, 1906,
c 3335, 34 Stat 267.

The entry of town-sites in Greer county, Olclahoma, under the provisions
of R. S. §§ 2387-2389, was provided for by Act Jan. 18, 1897, c. 62, f 3, post,
§5042.

The provisions of this section for commutation for town-site purposes of
homestead entries was made applicable to certain ceded Indian lands in Okla-
homa, by Act March 11, 1902, c. 180, 32 Stat. 63.

§ 5024. (Act May 2, 1890, c. 182, § 23.) Reservations between
sections of land in Oklahoma for highway purposes.
That there shall be reserved public highways four rods wide be-
tween each section of land in said Territory, the section lines being
the center of said highways ; but no deduction shall be made, where
cash payments are provided for, in the amount to be paid for each
quarter section of land by reason of such reservation. But if the
said highway shall be vacated by any competent authority, the title
to the respective strips shall inure to the then owner of the tract of
which it formed a part by the original survey. (26 Stat. 92.)
See notes to section 18 of this act, ante, § 5020.

§ 5025. (Act May 2, 1890, c. 182, § 24.) Fraudulent settlement on
lands in Oklahoma; punishment.
It shall be unlawful for any person, for himself or any company,
association, or corporation, to directly or indirectly procure any
person to settle upon any lands open to settlement in the Terri-
tory of Oklahoma, with intent thereafter of acquiring title there-
to; and any title thus acquired shall be void; and the parties
to such fraudulent settlement shall severally be guilty of a misde-
meanor, and shall be punished upon indictment, by imprisonment
not exceeding twelve months, or by a fine not exceeding one thou-
sand dollars, or by both such fine and imprisonment, in the discre-
tion of the court. (26 Stat. 92.)

See notes to section 18 of this act, ante, f 5020.

§ 5026. (Act May 2, 1890, c. 182, § 27.) Rights of occupants not
impaired by provisions of act.
The provisions of this act shall not be so construed as to inval-
idate or impair any legal claims or rights of persons occupying
any portion of said Territory, under the laws of the United States,
but such claims shall be adjudicated by the Land Department, or

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§ 6026 THB PUBLIC LANDS (Tit 33

the courts, in accordance with their respective jurisdictions. (26
Stat. 93.)

8ee notes to section 18 of this act, ant^ | 6Q20.

§ 5027. (Act March 3, 1891, c. 543, § 16.) Non-mineral character
of lands in Oklahoma.
All the lands in Oklahoma are hereby declared to be agricul-
tural lands, and proof of their non-mineral character shall not be
required as a condition precedent to final entry. (26 Stat 1026.)
This was the concluding proyision of section 16 of tiie Indian appropriation
act for the fiscal year 1892, cited above.

Said section 16 was one of nomerous sections of that act making proTisSons
for carrying into effect certain agreements with particnlar Indian tribes for
cessions of lands, etc

The preceding portion of this section, omitted here, provided for the opening
of certain lands of the Pottawatomie, Shawnee, and Cheyenne and Arapahoe
Indians.

llie laws relating to mineral lands were extended over certain ceded Indian
lands by provisions of Act March 2, 1895, c. 188, 28 Stat. <Sini, aud Act Jane
6, 1900, c 813, I 6, 81 Stat 680. Said provisions are ouiitted as special and
local only.

§ 5028. (Act March 3, 1891, c. 543, § 37.) Division of Oklahoma

into counties before opening lands to settlement; reservation

of lands for county seats.
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. * * Provided fur-
ther, That as soon as the county lines are designated by the Secre-
tary 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 Re-
vised Statutes. (26 Stat. 1043.)

These proTisions were part of section 37 of the Indian appropriation act for
the fiscal year 1892, cited above.

See notes to provisions of section 16 of the act, ante, I 0027.

Provisions similar to those of this section were made also by section 17
of the act. 26 Stat 1026.

R. S. If 2387, 2388, mentioned in this section, makini^ provisions for town-
site entries by tmstees, are set forth ante, i| 4791, 4792.

§ 5029. (Act May 14, 1890, c. 207, § 1.) Entry by trustees.

So much of the public lands situate in the Territory of Okla-
homa, now open to settlement, as may be necessary to embrace
all the legal subdivisions covered by actual occupancy for pur-
poses of trade and business, not exceeding twelve hundred and
eighty acres in each case, may be entered as town-sites, for the
several use and benefit of the occupants thereof, by three trustees to
be appointed by the Secretary of the Interior for that purpose, such
entry to be made under the provisions of section twenty-three hun-
dred and eighty-seven of the Revised Statutes as near as may be;
and when such entry shall have been made, the Secretary of the
Interior shall provide regulations for the proper execution of the

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Ch. lOj) THD PUBLIC LANDS § 5031

trust, by such trustees including the survey of the land into streets,
alleys, squares, blocks, and lots when necessary, or the approval of
such survey as may already have been made by the inhabitants
thereof, the assessment upon the lots of such sum as may be neces-
sary to pay for the lands embraced in such town-site, costs of survey,
conveyance of lots, and other necessary expenses, including compen-



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 120 of 150)