Wichita eagle., 1889-02-12
treaty concluded July 10, 1866. shah be

treaty concluded July 10, 1866, shall b.
open to settlement, except the sixteenth
and thirty-sixth sections of said land
which shall be reserved for school
purposes, and shall be disposed of tt
actual settlers only, in quantitie.
not to eHceed 100 acres, in square form
to each settler, at the price Of $1.25 per
acre. All persous who are heads of fam
lies or over twenty-one years of age
and who are citizens Of the United
States, or have declared their intention
to become citizens thereof, shall be en-.
titled to become actual settlers on such
lands. An accurate account shall be KEEP.
by the secretary of the interior OF
the money received 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 the
United States, after deducting the cost
of the sale by the United States and the
amount heretofore appropriated and paid
to the Cherokee tribe as part compensa-
ton for said unoccupied lands; provided.
That nothing in this act shall be con-
strued to authorize any person to
enter upon or occupy any Of the
/
section, for the purpose of settlement or
otherwise, until after the said Indian
tribes and the commissioners herein
authorized have concluded an agreement
to that effect as provided herein. and laid
the same before the president of the
| United States, who is thereupon author
lied and required to issue his proclama-
ton declaring such relinquished lands
| 70 on1 fsvir tha a
from and after which such lands may be
| taken. Any person who may enter upon
any part of said lands contrary to the
provisions Of this act, and prior to the
time fixed by the presidents proclama-
ton, shall not be permitted to make en-
try upon any lands or lay any claim
thereto in said territory.
Sec. z. That the president may. at
such times as he may deem it necessary,
direct land offices to be opened in the
territory Of Oklahoma, not to exceed
four in number, and may nominate and,
by and with the advice and consent of
the senate, appoint the usual officers to
conduct the business of said land offices;
and the commissioner of the general land
Office shall, when directed by the presi-
dent, cause the various portions of said
lands to be properly surveyed and sub
divided, where the same has not already
been DONE 1t is hereby made the duty
of the commissioner of the general land
office to carefully examine each claim
taken under the provisions of this act be-
fore issuing a patent to the claimant.
The entry man shall be required to make
full proofs, and unless it shall appear
that the claim was taken in good faith,
and that there has been full performance
of all the terms and requirements under
this act, he shall refuse patent and de-
clare all prior proceedings before had in
such case to be null and void, and all
persons settling on lands under the pro-
visions of this act shall be required to Sc
lect the same in square form, as near as
may be, and to maintain a continuous
personal residence of three years on the
land, to improve and cultivate the same
for that period in the manner required
by the homestead laws, and to break up
and pillow not less than forty acres of the
land filed upon, before obtaining title
thereto; but payments for lands, where
payment is required to be made by this
act, shall be made in four equal install
ments, under such rules and regulations
as may be prescribed by the secretary of
the interior. as follows: The first pay
ment shall be made within six months
from the time of entry, the second at the
expiration of one year from date of en-
try, the third at the expiration of two
years from date of entry, and the final
shall be made at the expiration
of three years from the date of entry:
Provided, That there shall be reserved
M hlic hicr f0,1r rode xx,i1n
every section of land in said territory,
the section lines being the center of said
but no deduction shall be made
in the amount to be paid for each
quarter section of land by reason of such
shall be vacated by any competent au-
thOrlty, the title to the respective strips
shall inure to the then owner of the
tract of which it formed part by the !
original survey. 1t is expressly pro-
vided, that the rights of honorable dis
charged union soldiers and sailors, in
the late civil war, to make homes on the |
public lands under the existing home
stead laws shall not, in any degree. be I
impaired by the passage of this bill. |
That no provision of this act shall be /
construed to authorize the extinguish- |
ment of the Indian title to any of the |
lands in said Indian territory which by /
virtue of any existing law, would inure
TO the benefit of any railroad corpora /
lion, or the title to which would vest in /
any such corporation, on the extinguish-
nent of the Indian title thereto, or on
.he same becoming part of the public
ands of the United States, but all such
ands shall be held by said Indians as
RIDES or in severaity or shall be held by
he United States in trust for the benefit
If the Indians interested therein, in pur-
;uance with such agreement with such
ribes in said territory as shall be entered
nto consistent with this provision and
n conformity with the several provis-
ons of this act but such lands shall not
become part of the public lands of the
United States or inure to the benefit
If or vest In any such rail-
Dad corporation or any assignee
n mortgage thereof. Any act
hereafter done by any officer or
agent of the United States or treaty, con-
ract or agreement entered into by any
ucb officer or agent with any Indian
ribe in conflict with the foregoing pro-
Tision or which shall validate or give
fleet to any grant of land in said Indian
Territory, made 10 any railroad corpora
ion, or shall tend to validate or give to
ny such grant or to any assignment or
of any such land, shall be null
nd void, and this provision shall be
onstrued as controlling any other pro-
isicn of this act may be in conflict
herewith; that all lands and rights
ranted TO the Atlantic and Pacific Rail
way company by an act approved Janu-
~ 81, A d. 1865, for the construction
c hrarc rc,ad frnrla the mint q Il. h.ci