The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-03
TINE FOR PROVING Up
Becomes Matter for Contro-
versy in Oklahoma.
HELD TO BE TEN YEARS
In a Former News Dispatch,
But This Is Now Disputed.

SuLur1es Os L., sept 1--At HdS ESCSHlAS
stated in the Eagle that the authorities
at Washington had held that the entry
man had ten years to make final proof
and payment The statement was taken
from a letter TO the editor Of the Man
chester Journal, and was accompanied
with an assertion fro mhim that the rul-
ing or opinion applied to the entrymen in
the Cherokee Strip. In his letter Mr.. W.
A. Richards, acting commissioner, said:
LAS proof and payment must be made
at the same time. and as extension OF
payments have been given extensions
were correspondingly given on time in
which to make proof. Therefore. where
the entry was made prior to July 26, 1894,
the entryman has ten years from date
of entry to make final proof and payment
IL the entry is for coded Indian lands. and
eight years If for other lands"
The Interpretation put upon this By the
Manchester Journal Is disputed at the
Alva land office ard the Alva Courier ex-
plains the matter at length in this way:
ION July 26 1894. congress passed an
act extending time for making final proof
and payment Tor all lands located under
rhe homestead laws Of the United States
for the period of one year from
the time OF proof and payment would be-
come due under existing lawa' At the
time of the passage of said act the time
provided by congress in which proof and
payment should be made under the home
stead laws was seven years from the date
of entry or fling. And the act extending
the time one year, made the time of proof
and payment required Of all who had filed
prior to July IS, 1884, including said day,
eight years from date Of filing. All others,
that is, those who filed since July 8,
1894, will have seven years from date OF
filing in which to make proof and pay
ment. The letter from Assistant Commits
sioner Hon. w A. Richards, does not and
was evidently not intended to cover or re-
fer TO the lands in the Cherokee Outlet
which were purchased by the government
of the Cherokee Indians.
"Other acts OF congress extending time
of payments, as the act of October 20,
1893, and of March 2. 1895. ana Of June 10,
1896. June Z. 1897 and July l. 1898. were all
special in their provisions and applied to
lands coded by the various Indian tribes
located in Oklahoma, and which were al
ways named in the act. AS for example,
the act OF October 20, 1893, after the en-
acting clause reads as follows: That the
homestead settlers on the Absentee
Shawnee. Pottawatomie and Cheyenne
and Arapal1oe lands in Oklahoma Terri
q
used identically the same language. And
the act Of July /, 1885, provides that the
settlers who purchased with the condi-
ton annexed of actual settlement on all
coded Indian reservations be, ETC.
'In a word. the only act OF a general
character extending the time of proof and
payment. is the act of July &c, 1894, above
referred to, and is the only act, in our
Judgment. with a reference to the time
IN which proof and payment must be made
that is applicable to the Cherokee Outlet.
Now. section 2291, revised statutes United
States. provides that an ertryman must
make proof within stven years. But as
the settler must reimburse the govern
merit for the sums he paid for this land.
and as proof and payment must be sim
ultaneous, or made at the same time. and
as the act of July 2s. 1894 extended the
time for making final proof and payment
one year, therefore all those who filed
prior to July 2s. 1894, have eight years.
and all others seven years, from date Of
fling in which ITO make proof and pay
ment. It all really depends on the moan
ing Of the word coded. The Cherokee
Outlet was gotten by direct purchase and
sale and was not coded by the Indians
as a result Of treaty stipulatiOns. Web
ster defines ceded to mean: To yield or
surrender; to give up; TO resign; as. cede
a fortress. n province. or country. TO an
other nation. by treaty AS the Outlet
was not gotten in this manner It does not
come under the head OF ceded lands"