Wichita eagle., 1890-02-02

tinue only until legal incorporation OF
the respective towns, cities or villages,
when the title TO the unsold portion of
such sites shall vest in the municipality
and the proceeds thereof, as well as any
balance In the hands of the secretary of
the interior, shall be paid over to the
local authorities, all TO be devoted to
public purposes within the corporate
limits. No provision of this act shall III
any way be construed TO interfere with.
or disturb the title of the United States
to the land TO the extent of one acre
known as the government acre iii each
of the towns of Guthrie and kingfisher
upon which the government land offices
are now situated.
Sec. 6. That whenever there is con-
fiict between homestead claimant and
the occupants of townsite for any por-
ton of the tract sought to be entered
under the provisions of this act, the same
shall take precedence of the ordinary
business of the office and heard and de-
termined as soon as practicable by the
register and receiver of the district in
which the land is situated; and if an ap-
peal shall be taken from the decision of
the local office in any case disposed of
hereunder, or from the decision and de-
termination of the said commissioners,
to the commissioner of the general land
office; the same shall be made special
and disposed of by him as expeditiously
as the duties of his office will permit,
and so if an appeal should be taken to
the secretary of the interior.
Sec 7. That all townsite applications
heretofore filed in the proper land office
shall have the same force and effect as if
made under the provisions of this act,
and upon the application of the commits
sioners provided for herein such town
site entries shall be allowed in the name
of said commissioners as trustees, upon
the application heretofore filed, but
nothing herein contained shall be con-
strued as extending the rights of the
town sites or any claimant thereto or
therein.
Sec. 8. That the said commissioners,
in executing the trust imposed upon
them herein, shall be governed by prin-
ciples of equity according to the princi-
pies of the common law and equity as
administered in the courts of the United
States. That from any decision made
by the said commissioners hereunder
the parties affected adversely thereby
may appeal therefrom direct to the COM
missioner of the general land office,
within such time and upon such condi-
tions as may be prescribed by the secre-
tary of the interior, or may be appealed
to such district courts as may be created
in the territory of Oklahoma having Ju-
risdiction of such subjects.
Sec. 8. That the several commission
ers or trustees provided herein shall re-
tn,-
ton as to the secretary Of the interior
may seem fair and right, not exceeding
$40 der day, and one member of each
commission shall act as clerk thereof;
and the provisions of this act shall con-
tinue in force until the legislative assem-
bly, that shall meet under temporary
government which may be established
by congress over the said Oklahoma ter
ritory shall make provision for the exc
cution of such trusts and for town site
entries: AnC provided further. That no
shall be paid hereinunder
for more than SIX months services nor
for any time when he was not actually
employed in the dischare of his duties as
such commissioner; and S35. 600, or so
much thereof as may be necessary, is
hereby appropriated, out Of any money
in the treasury not otherwise appropri-
ated, to carry into effect the provisions of
this act.
Sec 10. The board Of commissioners
provided for herein shall each have the
TO appoint a marshal, who
shall perform the duties proper to his
Office and be paid such sum for his SER
vices as the secretary OF the interior may
deem just, not exceeding three dollars |
per day for time actually employed.
Passed the House Of Representatives |
January %, 1890
Attest: EDw'D. MCPHERSON.
Ii. K. 10l5-2 Clerk.