The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-27
INDIAN ENTRIES.
The Red Man to be Protected in
His Rights to the Public
Lands.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,


WASHINGTON, April %, 1881.
10 the Surveyors General Of the
United States.
Ge11tIenle7l-The fifteenth section
of the act of Congress Of March 3,
1875. enacts:
"That any Indian born in the
United States, who is the head Of d
family, or who has arrived at the
age OF tWenty-one years, and who
has abandoned, or may hereafter
| abandon, his tribal relations, shall,
on making satisfactory proof of
such abandonment under rules to
be prescribed by the secretary of the
interior, be entitled to the benefits
OF the act entitled an act to secure
hOmesteads to actual settlers on the
public domain approved May 20,
1862, and the acts amendatOry
thereof, except that the pro-
visions of the eighth section Of the
said act shall not be held to apply
to entries made under this act:
Pro0ided, hoaUecer, That the title to
lands acquired by any Indian by
virtue hereof shall not be subject to
alienation or ineumbrance, either
by voluntary conveyance or the
judgment, decree or order or any
court, and shall be and remain in
alienable for a period of five years
from the date of the patent issued
therefor; PTOUided, That any such
| Indian shall be entitled to his dis
tributive share Of all annuities, tri-
bal funds, lands and other property,
the same as though he had main
tanned his tribal relations; and any
transfer, alienation or incumbrance
of any interest he may hold or
claim by reason of his former tribal
relations shall be void"
The Sd section Of the act of May
a, 1880, further enacts:
THAT any settler who has settled,
or who shall hereafter settle on any
of the public lands of the United
States, whether surveyed or unsur-
veyed, with the intention Of claim
ing the same. under the homestead
laws, shall be allowed the same
time to file his homestead applica-
ton and perfect his original entry
in the United States land Office, as
is now allowed to settlers under the
presumption laws to put their claims
on record, and his right shall relate
back to the date of settlement, the
same as if he settled under the pre-
emption laws"
The enactments referred to place
/ it in the power of Indians living on
the public lands to acquire title
thereto in tracts not exceeding 100
acres according to the provisions of
the homestead laws as set forth in
detail ia official circular of October
l, 1880, particularly on page % of
the same.
It has been officially reported to
the honored secretary of the in
terror that many Indians become
settlers on the public lands before
survey thereof who fail to take the
necessary steps to secure title to the
tracts so settled upon by them,
through ignorance of their legal
rights, ana in consequence of such
failure their homes and improve
ments are appropriated by other per
sons who comply with the pre-
scribed conditions for acquiring title.
This report was accompanied with
! the suggestion "that it be made the
duty of surveyors in making sur
veyS of the public lands to note the
location OF Indian improvements.
and to designate tracts occupied by
Indians; that the plats be made to
show the same, and that the lands
returned as improved or occupied
by Indians, be withheld from en-
try"
In presenting the matter for my
consideration, under date of tie 21st
instant, the secretary says: fThere
is no authority to withhold lands,
returned as above mentioned, from
disposal; but I think that Indian
settlers found upon unsurveyed
lands might easily be advised Of the
privileges extended by the fifteenth
section of the act of March 3, 1875,
Us Stats, 42o,) and the third section
of the act Of May IA, 1889, entitled
IAN act for the relief of settlers on
public lands by means Of circular
20 be delivered to them by deputy
surveyors as the surveys progress. y
Ny purpose in this is to c0mmu-
nicate the views above expressed,
and to direct that you cause the
same to be carried into practice by
furnishing your deputies with
copies of this circular, as also of the
general circular of October l, 1890
with which you will be supplied,
and instructing them to deliver the
same to Indian settlers found upon
unsurveyed lands, as the surveys
progress. You will further direct
your deputies that whenever they
find Indian settlements on the lands
being surveyed by them, they make
proper note thereof, so that the legal
subdivisions covered by their re-
spective settlements and improve.
ments may be indicated on the
township plats.
Very respectively,
G. W. HALCOMB,
Acting Commissioner.
IA ,O-ovad1