Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-12-12
DENNIS FLYNN'S FIRST SHOT.
A Bill to Open the Indian Territory to
Settlement.


Oklahoma, introduced the follow
ing bill which was read twice and
referred to the committee on Ind
ian affairs:
bill providing for the opening of the Ind :
ian Territory TO settlement under the
homestead laws of the United States, and
for other purposes.
Be it enacted by the senate and
house of representatives of the
United States of America in con-
gress assembled, That within a
reasonable time after the passage
of this act and allotment of the
lands herein provided Tor, the
president of the United States shall
issue his proclamation decla. ing
the land now owned by the five
civilized tribes in the Indian Ter
ritory open to entry under the
homestead and town-site laws of
the United States as hereinafter
provided.
SEC. 2. That before said proc.
lamation shall issue, the secretary
of the interior shall proceed under
act of March s, 1889 GA S., p 3SS),
to allot TO each Indian and each
member of his family entitled
thereto, such land as he may Sc
lect and in such quantity under
the provisions of said act as he
may be justly entitled to, each In
dian to be confined to his own tribe
and each tri be to the land now oc-
cupied by it.
Sec. 3. For the surplus lands
not required for allotment to the |
members OF each tribe, respective
ly, which is entitled thereto, there
shall be paid to the tribe out of the |
treasury of the United States the
sum of one dollar per acre for agri-
cultural lands and the sum of ten
dollars per acre for lands now used
and occupied for town-site pur-
poses, said money to be turned
over to the tribe or tribes entitled
thereto as fast as paid in by the
settler or town-site occupants.
Sec. A. The sixteenth and thir-
ty-sixth sections of the lands here
by opened to settlement shall be
reserved for school purposes. and
the remainder disposed to actual
settlers under the homestead laws
of the United States only: Pro-
vided, That title to lands now oc-
cupied for town-site purposes may
be acquired under the town-site
laws OF the United States: And
provided further, That any person
who, having attempted, but for any
purpose failed, to secure title in
fee to a homestead under existing
law, or who made entry under
what is known as the committed
provision of the homestead law,
shall be qualified to make a home
stead entry upon said land: And
provided further, That the rights
of honorabiy discharged union SOL
diers and sailors in the late civil
war, as defined and described in
sections 1904 and 2305 cf the revis-
ed statutes, shall not be abridged:
And provided further, That each
entry shall be in square form as
nearly as practicable, and no per-
son be permitted to enter more
than one quarter section thereof,
but until said lands are opened for
settlement by proclamation of the
president, no person shall be per-
mitted to enter upon and occupy
the same, and no person violating
this provision shall ever be per-
mitted to enter any of said lands
or acquire any right thereto: And
provided further, That the secre-
tary of the interior may, after said
proclamation, and not before. per-
NIT entry of said lands for town
sites, under sections 1887 and 23SS
OF the revised statutes, but no such
entry shall embrace more than one
half section of nd: And provid-
ed further, That the homestead
entryman shall pay one dollar and
twenty-five cents per acre for land (
entered by him and the town-site
entryman shall pay at the rate OF {
$1,000 per acre for the land entered ,
for town-site purposes.
SEC. .. That persons who are
n ow residing upon and claiming /
lots under right or title from any
tribe or any member thereof, who
IS recognized or authorized by said
.ribe to grant such right, shall be
to the lot or lots so occu- ,
pied and improved by him upon
entry being made of such town-site
oy the proper authority upon the
payment of all proper costs and
,harges required under the provis-
ons of this act.
SEC. 6. That all contracts made
,y either of said tribes or any indi-
,idual member thereof, who is au-
horized under the laws or rules
nd regulations of such tribe to
make leases for coal lands or town.
ite purposes, are hereby ratified I
nd confirmed to the extent of the
mining of the coal and the laying
IF and the plating of the town. 1
ties, and the lessees or transfer
es of coal land shall be entitled to
be mining of the coal under the
round only and shall not be per
nitted to control any portion of
he surface of the ground other
han a sufficient quantity around %
be shaft to enable the lessee to -
uccessfully operate the mine: And
rovided further, That where any
indian prior to the first day of De-
ember, 1895, having the right to n
ease land in his possession has l.
sased or sold the same or any
art thereof by him occupied, for
1wn-site purposes, such lease or
ale is hereby ratified and confirm
d and the lessee fully protected oh
harmony with the provisions of on