The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-04-02
OKLAHOMA PUBLIC LANDS
SOME INSTRUCTIONS FROM THE SEC
RETARY OF THE INTERIOR.
1t is For the BENEFIT of the Registers and
Receivers Of the Land Offices
.tn-the Territory and
TO Settlers.

WASHINGTON. April 1.-The Commits
sioDer Of TIE. General Land Office, with
the approval of Secretary Noble, has is
sued to the registers and receivers OF the
newly established land offices in Okla
homa a letter OF instructions, which is OF
special interest to persons desiring to set
tie in that Territory.
The most important feature OF this letter
OF instructions are the following:
You will observe that the statute re-
serves sections IS and SO in every town.
ship for school purposes, and the procla-
nation reserves for government use and
control the following, viz. One acre OF
land in square form in the northwest cor
ner OF section 0, in township 10 north,
range 2 west of the Indian meridian, in
Indian Territory, and also n acre Of land
In the southeast corner OF the northwest
quarter Of section 10, township 10 north,
range z west OF tho Indian meridian, in
the Indian Territory. The remainder Of
the lands are made subject TO entry by
actual settlers under the general home
stead laws. with certain notifications.
Your attention is directed TO the general
circular issued by this Office January !,
1889, containing the homestead laws and
official regulations hereunder. These
laws and regulations will control your nc
ton, but modified by the special provis-
ions OF the said act OF March ., 1889, in
the following particular, viz /. The rule
stated on seventeenth page OF said circular
under tho title, "Only n homestead
privilege TO the same person permitted
Il so modified as TO admit OF u homestead
entry being made by anyone, who, prior
10 the passage Of said act, had made a
homestead entry but failed from any cause
10 secure a title in fee 10 the land embraced
therein, or, who, having secured such title
did so by what is known as the commuta-
ton OF his homestead entry. With re-
gard TO persons making homestead entries
and failing TO acquire title Hereunder, or
committing them after the passage OF said
act OF March 2, 1889, the rule as to second
homosteads, Is operative and will be en-
forced. in relation TO these lands rs well US
Others.
9. The statute provides for the disposal
OF these lands ito actual settlers under the
homestead laws only" and while proyid-
ing that 'the rights OF honorably dis.
charged Union soldiers and sailors in the
late civil war rs defined and described in
sections 1904 and 2,305 OF the revised
statutes shall not be abridged" makes no
mention OF sections2 9, 306and 1907 thereof,
under which such soldiers and sailors,
their widows and orphan children are per-
mitted, with regard TO the pmblic lands
generally, 10 make additional entries in
certain cases free from the req uirement Of
actual settlement on the entered tract. II
Is therefore held that soldiers OF sailors
additional entries cannot be made on these
lands under said sections !, 800 and 2,307
unless the party claiming will, in addition
to the proof required, make affidavit that
the entry Is made for actual settlement and
cult alton, according 10 section 2,20l as
modified by sections z, 1904 OF the revised
statutes, and the prescribed proof Of COM
pliance herewith will be required 10 be
produced before the issue Of final cerlih-
cate. r-r
3. II n trov,doi In the statute tina, sec
ton 2,30l OF the revised statutcs shall not
apply TO these lands. Therefore, entries
made thereon will not DO subject TO COM
mutation under that section.
And any person applying 10 enter or file
for a homestead will DO required first 10
make affidavit, In addition TO other re-
quiremcnis, that lac did not violate tho
law by entering upon aud occupying any
portion OF the lands described in tho
Presidents proclamation, dated March %,
1889, the ailidavits 90 accompany your re-
turns for the entry allowed.
The statute provides that town site en-
tries may bc allowed under Sections 1897
and 2,3SS Of United States Revised
Statutes, but limits the AREA In any such
entry 10 ono.half section, or 800 acres. ns
the maximum, whatever tho number OF
inhabitants. Should applications for town
site entries or filings be presented by par
ties In interest In tho absence OF officers
properly qualified 10 mako entries In trust
for the inhabitants, under the provisions
Of Section 1857, You will note the applica.
tons on your records, forward n report
thereof 10 this office, with all papers pre-
sentod. and await instructions before al
lowing any entry OF the land. No rights
under the town site laws can be acquired
10 any OF the lands described In the said
proclamation prior TO the time therein pre-.
scnbed Tor the same 10 become open 10
entry aud occupancy ~ Aforesaid, viz II
o'clock noon OF the 22nd Of April, 1855.
II appears that by the Presidents order
OF the 10Th OF December, 1855, n rcscrya.
ton was established Tor military purposes,
Of the following subdivisions OF land with.
In the boundaries described In said pro-
clamation OF the 2jd OF March, 1889. aud
which reservation still continues, via:
Southwest quarter Of section Is. south
half Of section 10. south half OF section ~,
southeast quarter OF section rs, east hall Of
section 10, all Of section 20, all OF section
n, west hall OF section -, west hall Of
section ~, all OF section %, all OF section
~, the EAST half OF section 90, northeast
quarter Of section 81, north hall OF section
80, northeast half Of section 80, aud north.
west quarter Of section 80. all Ia township
- north, range I west, Of the Indian mo
ridian. These tracts, In view OF their rcs-
cryaiions under the Presidents order Of
December -, 1855, are not subject 10 SGT.
Element or entry under tho act Of March
2. 1889, aforesaid, and tho laws Of the
United States applicable thcrcto-sco SOC
tons 2,2jS, 2,2S0, United States Revised
Statutes and will not permit an entry or
filing Tor any portion Thereof.