Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-06-25
FREE HOMESTBADS
The Provisions Of the Law Apply to
the Ute Reservation In Colorado
end New Mexico,
INDIANS TO BE REIMBURSED
Limitations of the Act-Work Being Done
to Reclaim the Mesa Lands On the
Reservation Plenty Of Room
for Settlers.

for Settlers.
AS construed by Binger Hermann,
United States land commissioner, the
so-called free homestead law" passed
by the last congress May II last, has an
important application to the Ute reser-
walton in southwestern Colorado and
northwestern New Mexico. In the esti-
nation of officers of the federal lane Of
flee the act throws open for settlement
under the ordinary homestead law all
the Ute reservation lands. The clauses
in the former acts of congress provid-
ing hat to reimburse the Indians who
had surrendered their lands, a charge
of $1.25 an acre should be made are by
this new law repealed, and the person
who takes up land upon the Indian res
ervation can enter it and prove it just
as an ordinary homesteader would on
ordinary government reservations. Only
the fees to the land offices and the other
charges made on homestead land will
have to be paid by the settler on Indian
lands.
The text of the law is as follows:
BE it enacted by the senate and
house of representatives of the United
States of America in congress assem-
bled: That all settlers under the home
stead laws Of the United States upon
the agricultural public lands which
have already been opened to settlement,
| acquired prior to the passage of this
act by treaty or agreement from the
various Indian tribes, who have r. sided
or shall hereafter reside upon the tract
| entered in good faith for the period re-
quired by existing law, shall be entitled
to a patent for the land so entered upon
| the payment to the local land officers of
the usual and customary fees, and no
other or further charge of any kind
whatsoever shall be required from such
settler to entitle him to a patent for the
land covered by his entry.
LIMITATIONS OF THE ACT.
provided. hat the right to commute
any ouAH WITTY ohu pay Ioi ohO anus
in the option of n such settler and in
the time and at the prices now fixed by
existing laws, shall remain in full force
and effect. Provided, however. that all
sums of money so released, which, If
! not released, would belong to any In
1ian tribe, shall be paid to such Indian
| tribe by the United States, and in the
event that the proceeds of the annual
sales of the public lands shall not be
sufficient to meet the payments hereto
for provided for agricultural colleges
and experiment stations by an act of
congress approved August 30, 1890, for
the more complete endowment and sup
port of the colleges for the benefit Of
agriculture and mechanic arts, estab-
lished under the provisions of an act of
congress approved July 2, 1872, such de-
ficiency shall be paid by the United
States. And further provided, that no
the United States government had made
valuable improvements, or lands that
have been sold at public auction by said
government.
"Section 2. That all acts or parts Of
acts inconsistent with the provisions of
this act are hereby repealed"
INCLUDES UTE RESERVATION.
Only settlers under the homestead
laws upon the agricultural lands which
have already been open to settlement,
acquired prior to the passage of this act
by treaty or agreement with the In
1ians. are affected by this act. This
clause in all respects is applicable to
the Ute reservation.
In relation to settlers who have al
ready taken up lands on these reserva-
tons under the previous laws, Binger
Hermann points out the following ap-
%plication of the new law:
THE act does not change existing
laws as to the time of submitting final
proof and making payment of final
commissions. See acts of July 16, 1894
(2s statutes, 1881, June 10, 1896 (29 stat
utes, 342), June I, 1897 $50 statutes, so,
and July l, 1898 $50 statutes, $3.50.
''Where final proof has been made
heretofore for lands affected by this act
and payment has not yet been made,
such payment will not now be required
by you.
Where the payments were author
lied to be made in installments and a
partial payment has been made, but
final proof has not been made, no other
or further payment will be required
when the homestead settler makes his
final proof, except the payment of the
final commissions and testimony fees"
RECLAIMING THE MESAS.
Since the rush which took place to
the Ute reservation upon it's opening
last year, the progress Of the country
has been rapid. Reports from the dis.
trict say that it is developing as fast
as was expected. There are, however,
many good blocks of ground unclaimed,