Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1884-04-25

agricultural or grazing purposes. aud the
progress in civilization Vi the Indians
receiving ratioDs on either or any OF said
reservations shall he such as to encourage
the belief that IN allotment in seversity
to such Indians. or any Of them, would
be for the best interests of said Indisns,
to cause said reservation, or SO much
thereof as 10 necessary, to be surveye ]
or resurveyed, and to sllot the lands in
said reservation in seyeralty to
the Indians located thereon
% aforesaid. in quantities as follows:
10 each head of family, one quarter of
= section; to each single person over
eighteen years of age. one eighth OF q
section; to each orphan child nnder
eighteen years Of age, one-eighth Of q
section; and to each other person under
eig ghteen years now living, or who may
be born prior to the date Of the order ri
the president directing an allotment oi
the lands embraced in auy reservation
One-sixteenth of section. In case there
ls not sufficient land in either Of SAID
reservations to allot lands to each inii.
vidnal of the classes above named in
quantities as above provided, the lands
embraced in such reservation or reserya.
tions shall be allotted to each individual
Of each OF said classes pro rata 10 ac
cordance with the provisions OF this act:
Fr0Cided, That where the lands on aDv
reservation are mainly valuable for graz
ing PURPOSES an additional allotment of
such grazing lands, in quantities as
above provided, shall be made to each
individual; or in case any two or more
indians who may be entitled to allot-
ments shall 30 agree, the president NAV
assign the grazing lands to which they
may be entitled to them in one tract,
and to be neld and used IN common.
Sec. 10. That all allotments set apart
under the provisions OF this act shall be
selected by the indians, heads of fami.
lies selecting for their minor children,
and the agents shalt select for each
orphan child, and in such manner as to
embrace the Improvements of the H.
dians making the selection. Where the
improvements of two or more Indians
have been made on the same legal sub.
division of land, unless they shall other.
wise agree, a provisional line may be run
dividing said lands between them, and
the amount to which each is entitled
shall be equalized in the assignment of
the remainder of the land to which
they are entitled under this
act: Prooided, That if any one en-.
titled to an allotment shall fail to make
selection within five years after the
president shall direct that allotments
may be made on particular reservation,
the secretary OF the interior may direct
the agent OF such tribe or band, if such
there be. and if there be no agent, then
q special agent appointed for that pur-
pose, to make selection for such Indian,
which selection shall be allotted as in
cases where selections are made by the
Jndians, and patents shall issue IN like
manner.
Sec. II. That the allotments provided
for in this act shall ba made by special
agents appointed by the president for
such purpose, and the agents in charge
OF the respective reservations on which
the allotments are directed to be made,
under such rules and regulations as the
secretary of the interior may from time
to time prescribe, and shall be certified
by such agents to the commissioner of
Indian affairs. in duplicate, ono copy to
be retained in the Indian Office and the
other to be transmitted to the secretary
of the interior for his action, and to be
deposited in the general land Office.
Aud no tribal patent provided for BY
this act shall in any way interfere with
or be bar to any future grant to any
railway corporation OF right OF way
and necessary grounds for railroad pur-
poses across any reservation hereby ere.
ated, by any agreement made with the
Indians to which such reservation is set
apart. negotiated under the directions of
the secretary Of the interior aud ratified
according to law in ali respects the same
US If this act was not passed.
Sec. II. That upon the approval of
the allotments provided for 10 this act
by the secretary Of the interior, he shall
cause patents to issue therefor in the
name of the allottees, which patents
shall be of the legal effect, and declare
that the United States does and will hold
the land thus allotted, for the period of
twenty. five years, in trust for the sole
use and benefit OF the Indian to whom
such allotment shall have been made, or.
in case of his decease, of his heirs &C.
cording to the laws of the state or terri.
tory where euch land is located, and that
at the expiration of said period, the
United States will convey the same by
patent to said Indian, or his heirs as
aforesaid, in fee, discharged of said trust
and free of all charge or incumbrance
whatsoever; and if any conveyance shall
be made of the lands set apart and
allotted as herein provided, or any con.
tract made touching the same, before the
expiration of the time above mentioned,
such conveyance or contract shhll be alb.
solutely null and void: Provided, That
these patents, when issued, shall override
the patent herein authorized to be issued
to the tribes or bands occupying the
reservations created by this act, and
shall separate the individual allotment
from the lands held in common, which
proviso shall be incorporated in each OF
the tribal patents: Provided .further,
That the law OF descent and partition in
force in the territory of Dakota or in the
state Of Nebraska, as the lands may be
situated, shall apply thereto after pa.
tents therefor have been executed and
delivered. Each of the patents aforesaid
shall be recorded in the general land
Office, and afterward delivered, free oi
charge, to the allottee entitled thereto.
Sec. l3. That any Indian receiving
and entitled to rations and annuities al
either of the agencies mentioned in this
act at the time the same shall take effect
but residing upon any portion of said
great reservation not included in eitheI
of the separate reservations herein es
tablished, may, at his option. have the
allotment to which he would be other
wise entitled ou one of said separate
reservations upon the land where suct
Indian may then reside, such allotment
in all other respects to conform to the
allotments hereinbefore provided. Any
Indian declining. within six months aftel
this act shall take effect, this allotment
shall be entitled to such compensation
for any lmproyanenta hY him made nnor