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County, Choctaw Nation, and thence by the most feasible and practicable route to an intersection with the Atchison, Topeka & Santa Fe Railway at the most convenient point between Halifax station and Ear Creek, otherwise known as the North Fork of the Canadian River; with the right to construct, use, and maintain such tracks, turnouts, branches, and sidings and extensions as said company may deem it in their interest to construct along and upon the right of way and depot grounds herein provided for."
25 STAT. 113, p. 133, MAY 1, 1888.
AN ACT Ratifying an agreement with five Indian tribes in Montana.
SEC. 3. That lands to which the right of the Indians is extinguished under the foregoing agreement are a part of the public domain of the United States and are open to the operation of the laws regulating homestead entry, except section 2301 of the Revised Statutes, and to entry under the town-site laws and the laws governing the disposal of coal lands, desert lands, and mineral lands; but are not open to entry under any other laws regulating the sale or disposal of the public domain.
The modes of disposal specifically indicated are exclusive of any other manner of disposal and while the appropriation made by this act does not place the lands beyond the power of Congress so long as the laws remain unaltered, yet it controls the action of the Secretary of the Interior, under whose direction the selections must be made. Bradley v. Northern Pac. R. Co., 36 L. D. 7, p. 8. See Bradley v. Northern Pac. R. Co., 37 L. D. 410.
Congress specifically provides by this act under what law the lands should be disposed of and prohibits their disposal under any other, and these modes are necessarily exclusive of any other mode of appropriation, and the subsequent act of 1897 does not take away this inhibition or operate upon lands for the disposition of which specific provision had been made.
Bradley v. Northern Pac. R. Co., 36 L. D. 7, p. 8.
White, In re, 30 L. D. 536.
See Bradley v. Northern Pac. R. Co., 37 L. D. 410.
2. RAILROAD INDEMNITY SELECTIONS.
The railroad company is not entitled under section 3 of this act to select, as indemnity lands, lands which are open to entry under the town-site laws and the laws governing the disposal of coal or mineral lands.
Bradley v. Northern Pac. R. Co., 36 L. D. 7.
Bradley v. Northern Pac. R. Co., 37 L. D. 410.
This act did not operate to reserve the lands restored by it to the public domain from selection by the railroad company.
Northern Pac. R. Co., In re, 37 L. D. 408, p. 409.
See Bradley v. Northern Pac. R. Co., 36 L. D. 7.
3. LOCATION SOLDIERS' ADDITIONAL RIGHTS.
Lands in the former Indian reservations mentioned in this act are subject to appropriation under 2306 R. S. by location of soldiers' additional right.
Gunn, In re, 39 L. D. 561.
See Collins, In re, 39 L. D. 603.
36 STAT. 1080, MARCH 3, 1911.
AN ACT To amend section 3 of the act of Congress of May 1, 1888, and extend the provisions of section 2301 R. S. of the United States to certain lands in the State of Montana embraced within the provisions of said act, etc.
Be it enacted, etc., That section 3 of the act of May 1, 1888 (25 Stat. 113), ratifying and confirming an agreement with the various tribes or bands of Indians residing upon the Gros Ventre, Piegan, Blood, Blackfoot, and River Crow Reservations, in Montana Territory, be, and the same is hereby, amended so as to read as follows:
SEC. 3. That lands to which the right of the Indians is extinguished under the foregoing agreement are a part of the public domain of the United States and are open to the operation of laws regulating the entry, sale, or disposal of the same: Provided, That no patent shall be denied to entries heretofore made in good faith under any of the laws regulating entry, sale, or disposal of public lands, if said entries are in other respects regular and the laws relating thereto have been complied with."
A. AMENDMENT-EFFECT ON SOLDIERS' ADDITIONAL RIGHTS.
This amendment of section 3 of the act of May 1, 1888 (25 Stat. 133), removes any possible objection made under the former act to the location of soldiers' additional rights as such upon lands within such former Indian reservation, and any withdrawal or reservation made since extinguishment of the title of the Indians remains undisturbed by this act.
Gunn, In re, 39 L. D. 561, p. 564.
25 STAT. 157, MAY 24, 1888.
LANDS RESTORED TO PUBLIC DOMAIN-UINTAH VALLEY.
AN ACT To restore to the public domain a part of the Uintah Valley Indian Reservation, in the Territory of Utah, and for other purposes.
Be it enacted, etc., That so much of the Uintah Valley Indian Reservation, in the Territory of Utah, established by proclamation of the President, of date of October 3, 1861, as lies within the following boundary, namely: Beginning at milepost No. 19, Du Bois's survey, from the initial point, established in township 8 south, range 20 east, Salt Lake meridian; thence southerly to the northeast corner of township 2 south, range 1 east, Uintah special meridian; thence south along the east boundary of township 2 south, range 1 east,
Uintah special meridian, to the southeast corner of township 2 south, range 1 east, Uintah special meridian; thence east along the north boundary of township 3 south, range 2 east, Uintah special meridian, to its intersection with the east boundary of the Uintah Indian Reservation, thence in a northwest direction with the eastern boundary line of said reservation to the beginning, be, and the same is hereby, declared to be public lands of the United States and restored to the public domain.
SEC. 2. That said lands shall be disposed of at public or private sale, in the discretion of the Secretary of the Interior, and upon his order in quantities not exceeding one-quarter of a section to any one purchaser, the nonmineral lands for not less than $1.25 per acre, and not otherwise than for cash: Provided, That any location, entry, or entries, mineral or nonmineral, heretofore made or attempted to be made on said lands, or any part thereof, by any qualified person, shall bear date and be allowed the same as if said lands had been public lands at the time of said attempted location or institution of said proceedings, but said mineral entries shall not be completed except upon the payment of $20 an acre, or at that rate for the amount taken up by the claim: And provided further, That all moneys arising from the sales of this land shall belong to said Indians and be paid into the Treasury of the United States and held or added to any trust funds of said tribes now there.
25 STAT. 980, p. 1002, MARCH 2, 1889.
CŒUR D'ALENE TRIBE-MINERALS.
AN ACT Making appropriations for the current and contingent expenses of the Indian Department for the year ending June 30, 1890.
Be it enacted, etc., * * *
SEC. 4. That the Secretary of the Interior be, and he is hereby, authorized and directed to negotiate with the Coeur d'Alene Tribe of Indians for the purchase and release by the said tribe of such portions of its reservation, not agricultural and valuable chiefly for minerals and timber, as such tribe shall consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress; and for the purpose of such negotiation, the sum of $2,000, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated; the action of the Secretary of the Interior hereunder to be reported to Congress at the earliest practicable time.
SEC. 13. That the lands acquired by the United States under said agreement shall be a part of the public domain, to be disposed of only as herein provided, and sections 16 and 36 of each township, whether surveyed or unsurveyed, are hereby reserved for the use and benefit of the public schools, to be established within the limits of said lands under such conditions and regulations as may be hereafter enacted by Congress.
That the lands acquired by conveyance from the Seminole Indians hereunder, except the sixteenth and thirty-sixth sections shall be disposed of to actual settlers under the homestead laws only, except
as herein otherwise provided (except that section 2301, R. S., shall not apply): And provided further, That any person who, having attempted to, but for any cause, failed to secure a title in fee to a homestead under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make a homestead entry upon said lands. * * *
A. INDIAN LANDS.
1. RELEASE BY CŒUR D'ALENE TRIBE.
Section 13 of this act is not in conflict with the provisions of the act of March 3, 1893 (27 Stat. 612, p. 642), and is extended by the latter act, and provides that the lands therein mentioned shall be a part of the public domain, to be disposed of only as herein provided, and no provision has been made in any other acts referred to in the act of March 3, 1893, for the disposition of such lands under the mining law.
Shirley, In re, 35 L. D. 113, p. 114.
25 STAT. 1013, p. 1015, MARCH 2, 1889.
PEORIAS AND MIAMIES.
AN ACT To provide for allotment of land to United Peorias and Miamies in Indian Territory.
Be it enacted, etc.,.*
SEC. 2. That in making allotments under this act no more in the aggregate than 17,083 acres of said reservation shall be allotted to the Miami Indians, nor more than 33,218 acres in the aggregate to the United Peoria Indians; and said amounts shall be treated in making said allotments in all respects as the.extent of the reservation of each of said tribes, respectively. If, in making said allotments, any difference shall arise between said tribes, all such matters of difference shall be determined by the Secretary of the Interior.
After the allotments herein provided for shall have been completed, the residue of the lands, if any, not allotted, shall be held in common under present title by said United Peorias and Miamies in the proportion that the residue, if any, of each of said allotments shall bear to the other. And said United Peorias and Miamies shall have power, subject to the approval of the Secretary of the Interior, to lease for grazing, agricultural, or mining purposes from time to time and for any period not exceeding 10 years at any one time, all of said residue, or any part thereof, the proceeds or rental to be divided between said tribes in proportion to their respective interests in said residue. And after said allotments are completed each allottee may lease or rent his or her individual allotment for any period not exceeding three years, the father acting for his minor children, and in case of no father then the mother, the chief acting for orphans of the tribe to which said orphans may belong.
26 STAT. 81, p. 95, 1 SUPP. R. S. 720, p. 734, MAY 2, 1890.
AN ACT To provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States court in the Indian Territory.
SEC. 31. * * *
That no attachment shall issue against improvements on real estate while the title to the land is vested in any
Indian nation, except where such improvements have been made by persons, companies, or corporations operating coal or other mines, railroads, or other industries under lease or permission of law of an Indian national council, or charter, or law of the United States.
1. ATTACHMENT OF IMPROVEMENTS PROHIBITED.
The prohibition contained in this act against attaching improvements on Indian lands except such as are stated therein places such improvements beyond the reach of judicial process except such process as is issued on judgments obtained in the Indian courts.
Daugherty v. Bogy, 104 Fed. 938,
26 STAT. 712, JANUARY 12, 1891.
MINERAL LANDS EXCEPTED.
AN ACT For the relief of the Mission Indians in the State of California.
Be it enacted, etc., That immediately after the passage of this act the Secretary of the Interior shall appoint three disinterested persons as commissioners to arrange a just and satisfactory settlement of the Mission Indians residing in the State of California, upon reservations which shall be secured to them as hereinafter provided. SEC. 2. That it shall be the duty of said commissioners to select a reservation for each band or village of the Mission Indians residing within said State, which reservation shall include, as far as practicable, the lands and villages which have been in the actual occupation and possession of said Indians, and which shall be sufficient in extent to meet their just requirements, which selection shall be valid when approved by the President and Secretary of the Interior. * *
SEC. 3. That the commissioners, upon the completion of their duties, shall report the result to the Secretary of the Interior, who, if no valid objection exists, shall cause a patent to issue for each of the reservations selected by the commission and approved by him in favor of each band or village of Indians occupying any such reservation, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus patented, subject to the provisions of section 4 of this act, for the period of 25 years, in trust, for the sole use and benfit of the band or village, to which it is issued, and that at the expiration of said period the United States will convey the same or the remaining portion not previously patented in severalty by patent to said band or village discharged of said trust, and free of all charge or incumbrance whatsoever: Provided, That no patent shall embrace any tract or tracts to which existing valid rights have attached in favor of any person under any of the United States laws providing for the disposition of the public domain, unless such person shall acquiesce in and accept the appraisal provided for in the preceding section in all respects and shall thereafter, upon demand and payment of said appraised value, execute a release of all title and claim thereto; and a separate patent, in similar form, may be issued for any such tract or tracts, at any time thereafter. Any such person shall be