Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-02-07

with said Indians, fix the amount
Of such additional compensation
not to exceed s1.25 per acre. less
the cost Of sale and the amounts
heretofore paid said tribes in the
purchase Of said lands; az any
additional sum agreed ri by
said commission to be pN ID
tribes for said lands as prL sidsd
herein, shall be placed to the cred
IL Of said tribes in the us treasury.
Sec. 6. That whenever the Cher
okee tribe of Indians shall signify
their assent to the provisions Of
this section, in legal manner, to
the commission provided for in
this act, and the president has is
sued his proclamation fixing the
time as herein provided, the unoc-
cupied portion Of the lands west of
the Goth degree Of west longitude,
ceded to the United States by said
tribe of Indians by the treaty con-
cluded July 18th, 1865, shall be
open to settlement, except the 10th
and Both sections of said land,
which shall be reserved for school
purposes, and shall be disposed of
to actual settlers only, in quanti-
ties not TO exceed 100 acres, in
square form, to each settler, at
the price Of 81 .25 per acre. "Act-
ual settlers" are defined as in pre-
ceding section. An accurate ac-
count shall be kept by the secreta.
ry Of the interior of the money re-
ceived as proceeds of the sale of
said lands, and said money shall
be placed to the credit of the Cher.
okee Indian tribe in the treasury
of tho United States, after deduct
ing the cost of the sale by the
United States and the amount here
tofore appropriated and paid TO the
Cherokee tribe as part compensa-
tion for said unoecupied lands:
Provided, That nothing in this act
shall be construed to authorize any
person to enter upon or occupy
any of the lands mentioned in this
or the preceding section, for the
purpose Of settlement or other
wise until after the said Indian
tribes and the commissioner here
in authorized have concluded an
agreement to that effect as provid-
ed herein, and laid the same be-
fore the president of the United
States, who is thereupon author
ICED and required to issue his
proclamation declaring such re-
linquished lands open to settle
ment, and fixing the time from
and after which such land may be
taken. Any person who may en-
ter upon any part of said lands
contrary to the provisions of this
act, and prior to the time fixed by
the Presidents proclamation, shall
not be permitted to make entry
upon any lands or lay any claim
thereto in said Territory.
Sec. Z. The president is directed
to open not to exceed four land
Offices, appoint the officers and
cause the survey OF the land.
The commissioner OF the general
land Office will examine each claim
and il it appears the same was not
taken in good faith, refuse a pat
ent. Selections are to be taken in
square form as near as may be; a
continuous residence of three years
must be maintained. Improve
ments are to be made as prescribed
by the homestead laws and by
amendment the area plowed shall
not be less than 40 acres. Pay.
ment, at the rate Of not 10 exceed
s1.25 per acre, the price to bo fixed
( by the president, shall be made in
four installments, In six months,
and one, two and three years
from date of entry. Honorably
discharged soldiers and saileFs in
I the ldt5 civil war are permitted to
make entries under existing home
stead laws. Public roads four
rods wide are reserved around
each section.
Sec. 8. All entries and other
proceedings shall be i'm accordance
with the general provisions of the
homestead laws. Final payment
shall be made within three months
from expiration Of the three years;
in default Of this payment or any
installment, the entry shall be liza
BILE to cancellation and all money
paid shall be forfeited. Land en-
tered shall be liable to taxation
after payment of the first install
ment, but shall not be subject to
any Judgment or lein obtained up
on debts contracted prior to issue
of patents therefor, nor shall
such lands be sold, contracted,
leased, conveyed. mortgaged or in
any way encumbered prior to
final poof; and any such sale, lease,
ect., shall be void, and all assign
ments transfers or mortgages Of
unpatented lands shall he at risk
Of assignees and they shall have
no recourse against the United
States.
Sec. 8. This is the town site
clause. The original was stricken
out and a substitute adopted. cal
culated 10 prevent speculation by
railway people and others. Res
ervations for town sites are to he
made by the secretary of the interi-
or only where he believes them
necessary. They are not to exceed
Gao acres. II is proposed to Sc
cure to the inhabitants of oil towns
the benefits and profits derived
from the sale of lots, the amounts
received to be devoted to educa-
tional purposes.