The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1872-08-23
CIRCULAR.
Disposal of the Cherokee Strip,
Act OF May II, 1879.

DEPARTMENT OF THE INTERIOR. |
GENERAL LAND OFFICE, |
August :, 1872. |
Registers and Receirers at hdeP-ndence, hansas,
and WicI,ta:
GENTLEMEN The following is an
act of congress approved May IL, 1872.
to carry out certain provisions of the
Cherokee treaty of 1866. and for the
relief of settlers on the Cherokee lands
in the state of Kansas:
WHEREAS, in order that certain pro-
visions of the treaty of July nincteeth.
eighteen hundred and sixty-six, be-
tween the United States and the CherO-
kee nation, may be rendered clear and
made more satisfactory to settlers
upon the lands known as the . ChcrO-
kee strip" in the state Of Kansas, said
settlers having moved thereon since
the date of said treaty. and for the
purpose of facilitating the sale of said
lands; therefore,
BE it enacted by the Senate and House
Of Representatives. Of the United
States Of America in Congress as
semJlcd:
That the strip Of land lying west Of
the NeOshO river, and included in
the state Of Kansas. conveyed to-
the Cherokee nation Of Indians by
the United States and now belonging to
said nation, shall be surveyed, under
the direction of the commissioner Of
the general land Office, in the same
manner as the public lands of the
United Statcc arc surveyed, and shall
be by him offered for sale under the
provisions and restrictions Of this act,
and all the lands in said tract lying
cast of the Arkansas river shall be sold
at two dollars per acre, and all lands in
said tract lying west Of said river shall
be sold at one dollar and fifty cents per
acre, except as hereinafter provided:
Prorided, That when there is a frac-
ton of land less than forty. acres, the
same shall be sold with the cOntigu-
Gus tract, expense Of survey to be paid
ont of the proceeds of said lands in ac-
cordance with the treaty OfJuly ninth,
eighteen hundred and sixty-six.
SEC. 2. That each person being the
head of family or over twenty-One
years of age, who has made bOna-fide
settlement and improvement upon any
portion of said lands, and is now Occu-
plying the same, or, in case of his or
her death, the heirs of such, or, if such
heirs are minors, their guardians for
them. shall be entitled to enter and
purchase the lands so settled upon and
occupied. not exceeding one hundred
and sixty acres, at the price fixed in
the first section of this act, payment
for which shall be made at any time
within one year from the date of the
approval by the secretary of the inte-
rior Of the acceptance of the provis-
ions of this act, as provided for in the
fifth section hereof; ard all persons,
heads of families or over twenty-One
wears of age, who may settle upon said
lands at any time within one year from
the date of the passage of this act. may
purchase the land so settled upon, not
exceeding one hundred and sixty acres,
at the price fixed in the first section of
this act and shall make payment there
for within one year from the date OF
said settlement: PrOrided, That all
lands not sold under the foregoing pro-
visions of this section, and all lands
settled upon but unpaid for at the ex-
piration of the limitation named in the
foregoing provisions of this act, shall,
unless such payment be suspended by
reason Of contest or appeal, be sold by
the secretary of the interior, on sealed
bids, after due advertisement. in tracts
not exceeding one hundred and sixty
acres. and at not less than the price
fixed in the first section of this act
Proridcd further, That proof settle
mcnt, ent.y and payment shall be made
at the land office of the proper district
under such regulations as the commits
sioner of the general land Office shall
prescribe: And prOrided. further. That
the town site laws shall be, and hereby
are. extended to and made applicable
to said lands, subject to the provisions
of this act: Ind prorided further
That the secretary Of the interior ma.
cause public advertisement to be made
of the provisions this act.
SEC. 3. That any Cherokee citizen
or the heirs at law of such who hat
rights under the Cherokee laws to an,
portion of said lands. and whose title
were valid at the date of the treaty o
eighteen hundred and siXty-six. AM
who may be able to establish such va
lidity within one year from the date o
the passage of this act, under sucl
rules as the secretary Of the intcrio
NAV prescribe, shall receive the pro
. CecdS OF the SAFE %! such Iuchtici
lands, not exceeding one hundred AM
sixty acres. instead of their being in
vested as hereinafter provided for il
the fourth section of this act.
SEC. 4. That all moneys accruin
from the sales of land under this &C
shall. without unnecessary delay, b
| invested in the registered five per Ger
, tum bonds of the United States, as pre-
vided in the twenty-third article c
, the treaty of eighteen hundred an
: sixty-six.
e SEC. 5. That the sale Of said land
as hercinbefore provided for. shall nc
take place until the provisions of TIL
act are accepted by the Cherokee n;
p tional council. or by delegation dul
: authorized thereby, which acccptan'
: shall be filed with the secretary of II
interior. and when approved by hin
: the same shall be made final and col
elusive.
4.