Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-02-14


! tanning title thereto; but payment for Lands
| where payment is required TO be made by this
! act, shall be made in four equal irstallments,
| under such rules ard regulations as may be pre-
! scribed by the Secretary Of the Interior, as
| follows: The first payment shall be made
within six months from the time Of entry, the
| second at the expiration of one year from date
Of entry. the third at the expiration Of two
years from date Of entry. aud the final payment
shall be made at the expiration Of three years
| from the date Of entry: Provided, That there
shall be reserved public highways four rods
| wide around every section OF land in said Terri
| tory, the section lines being the center OF said
highways; but no deduction shall be made in
the amount TO be paid for each quarter section
Of land by reason Of such reservation.
| SEC. 8. That the procedure in applications,
| entries. contests and adjudications under this
| act shall be 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 act, shall be applicable TO ali
| entries made hereunder, and no patent shall be
issued to any persons who is not citizen OF the
United States at the time he makes final proof
and 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,
or in default Of the payment of any installment
OF the purchase-money when due, the entry
shall be liable to cancellation, and the money
paid thereon shall be forfeited to the United
States. Lands entered under the provisions Of
this act shall be liable to taxation after the
first installment Of the purchase money shall
have been paid; but the same shall hot be
subject to any judgment or lien obtained upon
Indebtedness contracted or obligations incurred
prior TO the issue OF patents therefor, nor shall
such lands be sold, or contracted to be sold,
leased, or contracted to be leased, conveyed
mOrtgaged. or in any manner encountered, prior
TO final proof or payment and the record there
of made in the Office OF the register and re-
ceiver Of the district where the land is located;
and any sale, lease, conveyance or mortgage
made, executed or contracted for prior to such
final proof. payment and record, shall be abso-
lutely null and void; and all assignments,
transfers and mortgages of unpatentsi land
entries shall be at the risk of the ass'gnees,
transferrees, and mortgages, who SHAH Save
no recourse against the United States for any
failure of claimants title before issue Of
patent: Provided, That the provisions of section
2305 OF the Revised Statutes of the United
States, entitled "Homestads," shall not be
modified or changed by any thing in this act.
SEC g. That whenever any portion of the
lands opened to settlement by provision of this
act shall be occupied for town site purposes,
and the ~ecretary Of the Interior Is satisfied
llty occupied III BOOl itstJn anu ~ .
necessary for such purposes, the said Secretary
is hereby authorized and directed to cause
patents to be issued therefor, under such rules
and regulations as he may prescribe, to any
legally organized company occupying and en-
titled TO the same, upon the payment I'm cash OF
81 per acre for the lands occupied The
money so received for each town site, except
such amount as may be required TO be paid to
the Indian tribes, as provided in sections 5 and
GOff hal ho hQ1d htrf Coz QtDrx ~
the Interior as a separate school fund for the
benefit 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 fde inhabitants shall be patented
to the legally organized company selected By
said inhabitants, said sites to embrace the
amount Of land provided by law; Provided
further That all patents issued for town sites in
the Territory of Oklahoma shall contain reser-
vations for parks, and other public purposes,
embracing in the aggregate not less than ten or
more than twenty acres but no deduction shall
be allowed or this account in the amount to be
paid for said town sites as provided in this Sec
tion and patents for such reservations shall be
issued to the towns respectively when organized
municipalities.
SEC. 10. That all lands in the Territory OF
Oklahoma not embraced in the provisions of
sections 4, and OF this act which are not re-
quired by law, treaty stipulations executive
orders, or rights of occupancy for the use of any
Indian tribe, or which may be relinquished as
an Indian reservation, shall be open to settle
ment under the provisions OF this act: Pro
vided, That whenever Indian lands are pur-
chased by the United States with the consent
of the Indians. and opened to settlement in said
Territory, the President of the United States
may fix the price to be paid therefor bHactual
settlers, which price shall in no case exceed
sl.25 per acre. and the proceeds shall be held
for the benefit of the Indians concerned as pro-
vided in sections and of this act.
SEC. II. That the President of the United
States is hereby authorized and directed to APP
point Commission, to be composed of five
persons, not more than three of whom shall be
members OF the same political party. whose
duty it shlal be to open negotiations with the
Creeks, Seminoles and Cherokses for the pur-
pose Of securing the consent of said Indians so
far as it may be necessary to the provisions OF
section and section 6 OF this act. The Com
mission is authorized to enter into such agree
ments with said Indian tribes as it may deem
necessary to accomplish the purposes Of this
act and shall submit the same to the President
for his approval or rejection. The compensa-
ton OF the members of said Commission shall
be a; the rate of $40 per day; and they shall also
be allowed in addition thereto, their actual
necessary travelling expenses, stationary And
postage. They shall have power 10 appoint
secretary, who shall receive a compensation of
Sc per day, and such allowances for travelling
expenses as he may actually incur
SEC II. That it shall be unlawful for any
person, for himself or any company, association
or corporation, TO directly or indirectly procure
any person to settle upon any lands opened to
by this act with a view of their
and the parties to such fraudulent
settlement shall severally be guilty of mis-
demeanor, and shall be punished upon indict-
ment, by imprisonment not exceeding twelve
months, or by fine not exceeding one thousand
dollars. or by both such fine and imprisonment
in the discretion of the court.
SEC. II. That all leases of LANDS belonging
to the United States or held in common by any
of the Indian tribes within the Territory of
Oklahoma. rs organized by this act. including
the Cherokee Strip west OF the ninety-sixth
degree of west longitude, whether controlled
by persons, corporations, or Others, except such
leases as are held for the purpose of cutivating
the ibstrctly for farming purposes are here
by declared void and contrary to public policy;
and il is hereby made the duty of the President,
Immediately after the passage of this act, to
cause the lesSees of said lands and any other
persons illegally occupying the same TO be re-
moved from said lands.
SEC. Il That the act OF Congress approved
July IS. 1866. granting lands to the State of
Kansas to aid in the construction Of tae Kan
sas & Neosho Valley railroad and its extension
to Red river, and an act of Congress granting
lands to the State of Kansas TO aid in the con-
struction of the southern branch of the I'm on
Pacific railway, and telegraph from Fort
Riley, Kan, to Fort Smith, Ark. ap-
proved July a6, 1856, 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-
rided for hu law are herahu renenled. and oil