The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-03-28

o prior to the passage of this act VI ahoel
# SEC. 10. That it shall be the duty Of snv ~.
~ son, association, or corporation entitlaS ~ =, r.
II chase land under this act to maLa ''ied on W p'
II TO the United States marshal ey offcinp
general OF Alaska, for an estimate of the rost
making survey OF the lands occupied hv an
J: person, association. or corporation and tba nr
4 OF the clerical work necessary 10 h. ~ - G :. !.
= offlce OF the United States marshal ey nai; ~ :.
veyor general; and on the reseipt of smcb ss a..
snrvorn, .e hltea states marshal ex ofc
corporation shall deposit the amount in I'm.
Il states depository, as he is required hv ssntis
2 numbered s4ol, revised statutes, relating to a
!, posits for surveys. ''1s W
. That on the receipt by the United St.t.s ~.
snai, ex offlclo surveyor general of the said ca
. tlncates OF deposit, shall employ comneta,
| person per 10 maze such survey, under such rul,
ana regulations as may be adopted by tho sacr
tary OF the interior, who shall make his return
ms ms Heia notes and maps to the office of the sa
onteu states marshal. eX otficlo SURVEYOR -oe,
esaa; an anu % Tue SAD nlted States marshal, e
omclo surveyor-Senera, shall cause the said rie
hotes anu plats OF such survey to he examina,
anu correct, approve the same and shall tran
MT certlned copies of such mars and plats TO N
office. Wv soAeiai Ian
That when the said field notes and nlats of so;
| survey shaIl nave been approved by the said con
.Isi nliss!oner oI the general land Office he sha
nollIv suCn person, association or corporatior
who shall then, within SIX months after snch NJ
tlce pay to the United States marshal ey otfci
surVeyor-general, for such land and patent sb al
Issue for the same.
SEC. ii. That none of the provisions of RI
last Two preceding sections of this act shall he a.
construed as to warrant the sale of any lands he
longing TO the United States which shall contai,
coai or the precious metals, or any tOWnsita %
Whlch snail be occupied by the United States 10
pubic purposes, or which shall be reserved fo
sucn purposes, or to which the natives of Alask,
or which shall be selected by the T,itad GU.
commissioner of fish and fisheries on tba ;sland
or hadlak and Afognak for the purpose of estsb
lshing hsh-culture stations And all tracts -
land not exceeding b0 acres in any one tract NOV,
occupied as missionary stations in the said ~
trlct OF Alaska are hereby excepted from tn.
operation of the last three preceding sactin,sn n'
this act. No portion of the islands Of the Prim.
bylov group or the Seal islands of Alaska sbai
| be subject to sale under this act and the Irn;taa
States reserves, and there shall be reserved in al
patents issued under the provisions of tba Ia :,
two preceding sections, the right of the iTnita9
states 10 regulate the taking of salmon and to dc
all things necessary to protect and prevent III.
destruction OF salmon in all the waters of the
lands granted frequented by salmon
| SEC 15 That until otherwise provided bv Io,
the body of lands known as Annette Islands ,i s;t
| mated in Alexander Archipelago in southpastaIn n
Alaska. on the north side of Dixon's entrance
be, and the same is hereby set apart AS reserya.
tlon for the use of the MetlakahtIa indians a nd
those people known as Metlakahtlans who have
| recently emigrated from British Columbia to
Alaska, and such other Alaskan natives as ma =
Jolh 'heNi' W pe nelu ana used by them in com
mon, under such rules and regulations and snh
Ject to such restrictions as NAV he nrascrhad
from time to time by the secretary of the in
terror. N " "
h., SEC; 40 TO- That townsite entries may be made
Dv Incorporated towns and cities on
the mineral lands of the United States but no
title shall be acquired by any such towns or Cities
TO any vein OF gold. silver, cinnabar. copper, or
held under existing law When mineral yains
are possessed within the limits of an lpcorporated
town or city, and such possession is recognlzed
by local authority or by the laws of the United
Sta.es, ane .ille TO town lots shall be subject to
such reco1nlzed possession and the necessary
use thereof, and when entry has been made or
patent Issued for such townstes to such incOrpo-
rated town or city, the possesSor of such mineral
vein may enter and receive patent for such min
eral VEN and the surface ground appertaininp
thereto: Provided That no entry shall be made
by such mineral vein Claimanant for surface
sround where the owner or occupier of the fur
race ground snail have had possession of the
same before the inception of the title of the min
eral veih applicant.
SEC. II. That reservoir sites located or select
ed and to be located and selected under the pro-
visions of "An act making appropriations for
sundry civil expenses of the government for the
fiscal year ending Juue 30, 1889, and for other
purposes, and amendments thereto, shall be re-
stricted to and shall contain only so much land
as ls actually necessary for the construction and
maintenance of reservoirs excluding so far as
practicable lands occupied by actual settlers at
that the provision of IAN act making appropria-
tions for sundry civil expenses of the govern
ment for the fiscal year ending June 3d. 1891, and
for other purpos, s. which reads as follows,
namely: "No person who shall, after the pas
sage Of this act, enter upon any of the public
lands with view to occupation, entry or settle
ment under any OF the land laws, shall be per-
mitted to acquire title to more than 3aO a, res in
the aggregate under all said laws, shall be con-
strued to include in the maximum amount of
lands the title to which is permitted to be
irnd hyr nnn lyo lfY,ro
not to include lands entered or sought to be en-
tered under mineral land laws.
SEC. 18. That the right of way through the
public lands and reservations of the United
States is hereby granted to any canal or ditch
company formed for the purpose of irrigation
and duly organized under the laws of any state
or territory, which shall have filed, or may here
after file, with the secretary of the interior a
copy of its articles of incorporation, and due
proofs of it's organization under the same, to the
extent of the ground occupied by the water of the
reservoir, and of the canal and its laterals, and
so feet on each side of the marginal limits there
of; also the right to take from the public lands
adjacent to the line of the canal or ditch. ma
terial, earth and stone necessary for the con-
structiOn OF such canal or ditch: Provided That
no such right of way shall be 30 located as to in
terfere with the proper occupation by the gov
eminent of any such reservation; and all maps
of location shall be subject to the approval of
the department of the government having Juris
diCtiOn of such reservation, and the privilege
herein granted shall not be construed to inter
fere with the control of water for irrigation and
other purposes under authority of the respective
states or territories.
SEC. 49, That any canal or ditch company de-
string to secure the benefits Of this act shall,
within twelve months after the location of 10
miles of it's canal, if the same be upon surveyed
lands. and if upon unsurveyed lands, within
twelve months after the survey thereof by the
United States, file with the register of the land
Office for the district where such land is located
map of its canal or ditch and reservoir; and upon
terror the same shall be noted upon the plats in
said office, and thereafter all such lands over
which such rights of way shall pass shall be dis
posed of subject to such right of way. Whenever
any person or corporation, in the construction OF
any canal, ditch or reservoir, INJURIES or damages
the possession of any settler on the public do
main, the party committing such injury or dam
age ehall be liable TO the party injured for such
injury or damage.
SEC 20. That the provisions of this act shall
apply to all canals, bitches or reservoirs, hereto
fore or hereafter constructed, whether construct
ed by corporations, individuals, or associations
of individuals, on the filing of the certificates and
maps herein provided for. II such ditch, canal
or reservoir has been or shall be constructed BY
an individual or association OF individuals, 1t
shall be sufficient for such individual or assocla-
ton of individuals to file with the secretary OF
the interior, and with the egister of the land of
fee where said land is located map of the line
corporation. with the name of the individual
owner or owners thereof, together with the arti
cles of association, if any there be. Plats here
tofore filed shall have the benefits of this act
from the date of their filing, as though filed un-
der it: Provided, That if any section OF said ca
nal or ditch shall not be completed within five
after the location of said section, the rights
herein granted shall be forfeited as to any un-
completed section of said canal, ditch or reser-
voir to the extent that the same is not completed
1t the date of the forfeiture.
SEC. 81. That nothing in this act shall author
ze such canal or ditch company to occupy such
right of way except for the purpose OF SAID canal
Dr. ditch, and then only go far as may be neces-
,ary for the construc tion, maintenance and care
If said canal or ditch.
SEC. o. That the section of land reserved for
he benefit of the Dakota Central Railroad com
)any, on the west bank of the Missouri river, at
he mouth of Bad river, as provided by section 10
If SAN act to divide portion OF the reservation
If the Sioux nation of Indians in Dakota into
separate reservations, aud to secure the relin-
luishment of the Indian title to the remainder.
md for other purposes. approved March 2, 1883,
hall be subject TO entry under the townslte law
,nly.
SEC. 3d. That in all cases where second entries
# land on the Usage Indian trust and diminished
eserve lands in Kansas, to which at the time
here were no adverse claims, have been maae
md the law complied with as to residence anu
said entries be, and the same are
,ereby confirmed, and in all cases where perso.s
we're actual settlers and residing upon tneIr
.laims upon said Usage Indian trist ana uiInin
shed reserve lands in the state OF Kansas on tue
th day of NAV, 1872, and who have mace supse
uent preemption entries elther upon Pupn9 VI
non said Usage Indian trust and diminished re-
erye lands. uDsn which there were no legal prior
dversa claims at the time, and the law complied |
i'm d IN settlement said subsequent entries be,