The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1871-04-21

AChSA W hhN OtuGC,
late OF MARCH 18th, 1871, fOr the dis
postal OF the Usage Indian Trust and
Reserve lands" as will be
II interest to the settlers upon those
ands.
DEPARTMENT OF THE INTERIoR.l
GENERAL LAND OFFICE.
WASHINGTON, March %, 1917
Register d Kecefcer, Humboldt, Kan
SdS:
Referring to our letter to you of the
lGth inst, 1 have now 10 give you the
follow ing instructions relative to the
oI the Usage Trust and Dimin-
shed Reserve Lands, in your district,
under the 18th Section, Act of uly 18th,
1870.
Under this Act these Lands, except
The 10Th anu 36th Sections, which were
treated OF in our letter to you of the 4tlI
inst, under the decision of the Secretary
dated l4ih nlI., are opened to settlement
fyter surrey and are required ITO be
sold to actual settlers only, said settlers
being heads OF families, or over 81 years
OF age, iii quantities not exceeding l60
acres in square form TO each settler, at
the price of one dollar and twenty-five
cents per acre, payment to be made in
cash wiIhid one year from date of set
tlement or the passage of this Act"
THIS Act requires Then
lst. That the land shall be subject to
settlement utter survey.
%. That they shall be sold only to
actual settlers ho are heads of famiiies,
or over q years of age.
Sd. That they shall be taken in square
form.
4th. That each settler shall not enter
more than 100 acres.
9th. That the land shall he paid for
in cash at one dollar and twenty-five
cents per acre within one year from
date OF settlement, or the passage OF the
Act.
The 1st, Cd and 4ih heads are easily
understood and need no especial ex-
PLANTATION.
The term Square FORM" however,
under the Sd head, requires special ill.,
etructiOnS.
The condition of the claims of the set
tiers OH these Lands has been laid be-
fore us in all its phases, and we are
therefore fully aware of the necessity
tor as liberal L construction of the term
as the law will allow; i'll this view we
nave concluded To embrace within the
term square form:
LIST. Legal technical quarter sections.
I'd. = 50 acre tracts lying north and
south or east and west of each other
ship lines.
Sd. One, ttrO, three or four 40 acre
tracts y ing lateraliy contiguous in the
form OF IL paralellogram.
4lh. (d claims on each side of a
meandered stream. where the same are
embraced by technical quarter section
lines.
(b) claim made fractional by a stream
or lake, but the sides OF which, except
that which borders on the stream, con-
form to the LIST, ID and 81 heads.
This embraces the full extent of our
power in The premises and You will re-
iuse to approve any and all claims that
do not conform TO these requirements.
Acrompam, ing this you will find u
diagram indicating The forms the
claims will assume under these several
heads.
The 9th head OF the Law as herein
set forth refers 10 the manner of pay
ncnt.
This is required to be made within
one year from The date OF The Act, or
from date OF settlement. Thus two
separate Times are set, within which to
make payment, and ii is TO be consider
piicabie.
Ii i well known that many persons
settled upon these lands priuI To the
passage OF the Act under consideration,
aud That the time of payment for many
OF them, il confined 10 The lone wear
rom date OF settlement had expired
before The passage of said act; fuI Their,
many settlers upon the Usage Trust
Lands whose term for payment would
not under Tie joint resolution of 10Th
OF April, 1863, have expired until the
10Th OF next month, have resided more
than one year on their claims, and they.
too, " ouid therefore, under the one
year clause, be debhrred from payment.
1t Is therefore our opinion that while
the Law does not directly authorize,
Glier passage OF the Act, settlement
prior to survey, yet it so far recognizes
those actu1lly made prior to the Act, as
10 allow payment 10 be made for the
same, within one year from the date of
the act, and also extends the time of
ayInemt by settlers on Usage Trust
Lands, who may not have paid prior TO
he passage at the Act, to the 10Th of
j uiy 1871.
Therefore, you Will require-1st, of
all those settled pTior to the Act, either
upon the diminished reserve or the
Trust Lands proof aud payment for the
same on or before the 18th of July next,
1871.
III. OF all who settle after the passage
OF the Act, proof and payment within
one year from the date of settlement !;
such settlement must however be upon
surveyed land. No settler, can, as
against an adverse interest, claim any
privilege by reason OF settlement prior
TO the Act as on surveyed lands; but
L,ust date his settlement, in such case,
subsequent to The survey.
Having thus dealt with the several
terms OF the Act it is proper TO consid-
er the best mode OF carrying the same
into effect.
With regard to the character of the
proof required you will be governed by
the instructions under which the Trust
Lands have heretofore been disposed OF.
You will, however, in addition, require
ali settlers To Tile as in presumption cases,
aud within three months from dale OF
settlement, declaraIory statements, cor
reclly describing the lands claimed by
IheIn, which shall OF course conform ia
shape 10 the rulings herein made; 9TH
erwise you will reject the filing.
They will Thereafter make proof and
payment as above indicated. This rule,
UE couse, cannot DC observed by those
who seItle prior to the Act, and OF
whom pay ment is required on or before
the 10Th oi July next.
You VIII therefore, in such cases, &C.
cepI their declarations OF settlement
" ithout reference To the lapse OF time
siuce settlement.
by the Act maxi ng the appropriation
ior the current aud contingent expenses
oI The ludiaH Department, approved
March 81, 1871, it is provided that
each hall breed, or mixed blood of the
Osages. bring tweAt! zone years of age,
OF the lic;,>t OF u iamily, shall uader
such rHies and regulations, aud on such
proOi shall be prescribed by the Sec
reiary al Itie InIeriQr, be entitled TO eH-
lei ,cithOut cost, within the diminished
reservation OF The Usage Indians in
Kansas, tract oil land, ia compact form
ind by legal subdivisions, not exceed
lns LOO acres, upon which said hall
breed or mixed blood have heretofore
actually settled AMI made improve
inenis, aud the lands so entered shall |
aol be 1Iienable BY such halt-breed or |
mixed blood, without the consent of /
liie Secretary of The Interior, approved |
5y the President"
/ l. also provided ttthat the Laws of |
lie Uuitsd States relating 10 town sites, |
be extended over ali tue iaRds of the |
Usage Indians in the State OF Kansas. p