Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-02-14


within nix months from the time Of entry the
second ~ the expiration Of one yeur from date
Of entry, The third at The expiration OF two
years from date Of entry. aud the ndai payment
shall be made AZ the expiration Of three years
from the date Of entry. Provided. That there
shah be reserved public highways four rods
vide around every section Of Land in said Terri
tort. the section lines being the conter OF said
highways, but no deduction shall DO made IN
the amount 10 be paid for each quarter section
Of land BY reason OF such reservation
SEC. 8 That tho procedure IN applications,
entries, cont 'sts and adiudlcations under this
act shall bo IN the form and manner prescribed
under the homestead laws Of the United States,
and the general principles and provisions OF the
homestead laws, except as modified by the pro
Visions OF this not shall be applicable 70 all
entries made hereunder and no patent shall be
issued 70 any persons who is not citizen OF the
United States At the time he makes final proof
ind payment Final proof and payment ex-
cept In cases OF contest shall be made within
three months after the expiration Of three years
from the date Of entry, and IN default thereof,
OF IN default OF the payment Of any installment
OF the purchaso-money when due, the entry
shall be liable 20 cancellation. and the money
paid thereon shall be forfeited TO the United
States. Lands entered under the provisions OF
this act s,.ali be liable 70 taxation after the
frst instnllmcnt OF the purchase money shall
have been paid; but the same shall not be
subject 10 any Judgment or lien obtained upon
Indebtedness contracted or obligations incurred
prior TO the issue Of patents therefor, nor shah
such lands be sold, or contracted TO be sold,
leased. or contracted 70 be leased, conveyed
mortgnged or IN any manner sncumoered, prior
n flnai proof or payment and the record there
OF made IN tho once OF the register and 70
ceiver on the district where the land y locateu'
and any sale, lease, conveyance Or mortgage
made, executed or contracted for prior TO such
final proof. payment and record, shall be abso-
iutely null end void; and all assignments.
transfers and mortgages OF uupatented land
entries shall bo at the risk Of the assignees,
transferrees, and mcrtgagees, who shall have
no recourse against the United States for eny
failure OF claimants ttle before Issue or
patent; Provided, That the provisions Of section
e90s Of tho Revised Statutes Of the United
Stptcs, entitled "Homestads," shall not be
modified or changed by an. thing IN this act
sRo .. That whenever any portion Of the
lands opened 70 settlement hy provision OF this
act shall be occupied <or town site purposes,
and the ecretary OF tho Interior Is satisfied
that they are occupied in good faith and a'e
necessary for such purposes. tho said Secretary
is hereby authorized and directed 70 cause
patents 10 be issued therefor, under such rules
and regulations as he may prescribe 20 any
legally organised company occupying and en-
titled 10 the same, Upon the payment in cash OF
aei per acre for the lands so occupied Tue
money 80 received for each town site, except
such amount as may be required 10 bo paid 10
the Indian tribes, % provided IN sections and
Q Of this act shall be held by the Secretary OF
tho Interior ne q separate school fund for tho
beneft OF the people OF such town, and shall be
expended under his direction for the erection Of
school buildings and the support Of schools
therein; Provided. That town sites actually oc-
cupied on the public land strip at the date of
the approval. OF this act by not less than one
hundred bona fide inhabitants shall be patented
10 the legally organized company selected by
said inhabitants. said sites % embrace the
amount OF land pruritied by law. Provided
further That all patents issued for town sites In
the Territory OF Oklahoma shall contain rostr-
vatlons for parks, and other public PURPOSES,
embracing IN the aggregate not less than ten or
more than twenty acres, but no deduction ehnll
be allowed on this account In the amount 70 be
paid for said town sites as . oyided in this sec
tion and patents for such reservations shall b
issued 10 the towns respectively when organized
as municipalities.
SEC 10 That oil lands In the Territory OF
Oklahoma not embraced in the provisions Of
sections 4 and 8 Of this act, which are not 70
quired By Law, treaty stipulationa. executive
orders, or rights OF occupancy for the use OF any
Indian tribe, or which may be relinquished as
an Ihdian reservation, shall be open 10 settle
ment under the provisions Of this act; Pro
chased by the United States with the consent
Of the Indians. aud opened 10 settlement in said
Territory, the President OF the United States
may IN the price 70 be paid therefor bv actual
settlers which price shall in no case exceed
tis, per acre. and the proceeds shall be held
for the benefit OF the Indians concerned, Us pro-
yided In sections and 8 OF this aot
SEC II. That the President Of the Uuited
States is hereby authorized and directed to Hp-
point Commission, 10 he composed OF ave
persons not more than three OF whom shall be
members OF the same political party. whose
duty II shlal be 10 open negotiations with the
Creehs, 5eminoles aud Cherokees for the pur-
rose OF securing the consent OF said Indians so
fur as II may be necessary 70 the provisions OF
section and section OF this oct. The Com
mission Is authorized to enter into such agree
fpents with said Indian tribos as Il may deem
necessary 70 accomplish the purposes Of this
art ard shall submit the same 10 the President
for his approval or rejection. The compensa-
tion OF the members OF said Commission shall
be Of the rate OF 90 per day; and tn shall also
be allowed. in addition thereto. their actual
necessary travelling expenses, stationary and
postage They shah bave power 70 appoint
secretary. who shall receive a compensation Of
70 per day, and such allowances Tor travelling
expenses as he may actually incur.
SEC IL That IL snail be unlawful for any
person, for himself or any company, association
OF corporation, 70 ulrtNlly OF AhQirtctly procure
any person 70 settle upon any lands opened 10
settlement by this act with a view Of their
afterwari acquiring title 70 said lands from said
occupants; and the parties 10 such fraudulent
settlement shall severaily be guilty OF mis-
demeanor, and shall be punished. upon indict-
ment, by imprisonment not exceeding twelve
months. or by line not exceeding one thousand
dollars, or by both such fiue aud Imprisonment
in the discretion OF the court.
That all Ianraa Of iauaa hator q.
10 the United States or held In common BY any
OF the IndiAn tribes within the Territory Of
Oklahoma. as organized by this act including
the Cherokee Strip west OF the ninety-sixth
degree OF west longitude, whether controlled
by persons. corporations. OF others. except such
leases as are held for the purpose Of oultivkting
the soil strictly for farming purposes are here
by declared void and contrary 10 public policy;
and It is hereby made the duty Of the President.
Immediately after the passage OF this act 20
cause the lessees OF said lands. and any other
persons illegally occupying the same, 70 be re-
moved from said lands.
SEC. "a That the act OF Congress approved
July 70. 1864. granting lands TO the State OF
Kansas 70 aid In the construction OF the Kan
sas Neosho Valley railroad and its extension
to Red river and an act OF Congress granting
lands 10 The State Of Kansas 10 aid In the con
struction OF the southern branch OF the Un on
Pacific railway. and q telegraph from Fort
Riley Kan, 10 Fort Smith, Ark, ap-
proved July 20, 1906, or any other acts
OF Congress so far as they relate
TO lands granted In said Indian Terri
tory and the Public Land Strip except for the
right Of way and necessary stations as now pro
vided for BY law, are hereby repealed: and all
or any rights 10 said lands are hereby forfeited
10 the United States and no railroad company
now organized. or hereafter 10 be organized.
shall ever acquire any lands 10 aid In the con.
struetion OF us road, OF In consequence OF any
railroad already constructed, either from the
United States or from any Indian tribe or from
any Territorial Government within the limits Of
the Territory organized by this act
SEC. is. That neither the Legislative Assem-
bly, OF said Territory. nor any county township
or city therein, shall have power 70 create or
contract any indebtedness for any work Of
public improvement or in aid OF any railroad
constructed or 70 be constructed. nor 70 sub-
scribe for or purchase any shares OF stock in
any railroad company or corporation.
SEC. 10. That the provisions Of this act sbNll
not be applicable 70 lands lying within the
limits OF what Is known as Greer County until