The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1896-05-28

Capt. Oscar Taylor, of St. Cloud, is
making gallant fight for the friend
: less white settlers on the Mile Laos
reservation, so-called. The Interior
department., or rather a clerk in that
department, has decided against the
settlers, The report of Clerk Conway
to Senator Dubois, chairman of the
senate committee on public lands, and
Capt Taylor's pertinent and sarcastic
letter to Senator Nelson are given in
full below. Undoubtedly Senator Mel
son is exerting himself in behalf of the
settlers, but in face of the opposition
OF the Interior department his efforts
are liable to prove unavailing. =
In the matter Of S. r. SO and S. bill
1887, for the relief of settlers on the
Mile Laos Indian reservation.
Hon. Fred T. Dubois, Chairman Com
mlttee on Public Lands, United States
Senate.-Sir: I have the honor to state
in reference to the above matter that
the said reservation was made by
treaty with the Mile Laos Indians of
OF February %, 1856 no Stat, 1867.
The lands embraced therein were
ceded to the United States by treaty of
May Z 1864, proclaimed March 90,
1865 (13 Stat, 693).
There was a question whether this
reservation continued to exist as such
after the cession by treaty of May Z,
1864, and some of the lands were per-
mitted to be entered as public lands of
the United States.
The 18th article of the treaty of ces-
sion provided that said Indians should
not be compelled to remove from said
coded lands so long as they did not in
any manner interfere with the person
or property Of the whites and by act
of July 4, 1884, congress enacted that
said lands should not be patented or
disposed of in any manner until further
legislation by congress which it was
held by the department of the Interior,
April 4, 1887, clearly indicates that it
was the intention of congress to pro-
tect these Indians in their right of oc-
cupancy of the territory, as stipulated
by the 18th article of the treaty afore-
said.
Further legislation by congress was
had in the act of Jan II, 1889 US Stat,
642). (That act requires an examina-
ton of the coded Chippewa lands to
determine which are agricultural and
which timber lands.) Timber lands
are to be appraised and sold at public
auction to the highest bidder, provided
the price bid is not below the appraised
value. Agricultural lands are to be
disposed Of under the homestead law
with certain notifications according
to the 9th section of the act, which
reads as follows, viz:
That when any of the agricultural
lands on said reservation not allotted
under this act nor reserved for the
future use of said Indians have been
surveyed, the secretary of the Interior
shall give thirty days notice through
at least one newspaper published at
Saint Paul and Crookston, in the State
OF Minnesota, and, at the expiration of
thirty days, the said agricultural lands
so surveyed, shall be disposed of by the
United States to actual settlers only
under the provisions of the homestead
law: Provided, That each settler I'M
der and in accordance with the provis-
ions of said homestead laws shall pay
to the United States for the land so
taken by him the sum of one dollar and
twenty-five cents for each and every
acre, in five equal annual payments,
and shall be entitled to patent there
for only at the expiration of five years
from the date of entry, according to
said homestead laws, and after the full
payment OF said one dollar and twenty
live cents per acre therefor, and due
proof OF occupancy for said period of
live years; and any conveyance of said
lands so taken as homestead, or any
contract touching the same, prior to
the date Of final entry, shall be null
and void; Provided, that nothing in
this act shall be held to authorize the
oeolC W OO1Cl ulopOSdl Suuuofs 1US pro-
vision OF any tract upon which there is
a subsisting, valid, presumption or
homestead entry, but any such entry
shall be proceeded with under the
regulations and decisions in force at
the date OF its allowance, and if found
regular and valid, patents shall issue
thereon Provided, That any person
who has not heretofore had the benefit
OF the homestead or presumption law,
and who has failed from any cause to
perfect the title to a tract of land
heretofore entered by him under either
of said laws may make second home
stead entry under the provisions of
this act.
1T clearly appears that since the pas
sage of the act Of July 4, 1884, said
lands have not been open to settlement,
and any persons who have gone there
for such purpose are trepassers and
can have no rights, legal or equitable
as against the Indians. See public
notice issued by the secretary Of the