The daily sentinel., 1906-03-01

On December .. 1905 Won address
ed a communication TO the Commits
sioner of Indian Affairs relative E,
certain lands near Grand JuDetion
Colorado. which were at one dime
part OF the Uneompahgre Indian res
erve and that are now. and fc.r som,
time have been. under withdrawal 10
accordance with the terms of the ac
Of June II, 1g02-32 Stat 3SS. know
as the Reclamation act. with a view
10 irrigating and reclaiming said
lands by the Reclamation service
Also on January ,, 1906. you address
sed like communication TO the Sec
retary OF the Treasury.
Your letter TO the commissioner ot
Indian affairs was transmitted to thii
department by that official under thj
date OF January / 3. 1906 and yom
letter 10 the secretary Of the treas
ury was transmitted to this depart
ment BY that Official under the dati
OF January s.IS06. / am also in re
ceipt Of a petition purporting to bs
signed by certain citizens and resi-
dents of Mesa County, Colorado. rel
atice 10 the same lands referred tC
IN your two communications above
mentioned. and OF the same genera
character as the said letters
{ The purport OF said letters and OF
the petition mentioned is in EFFECT
that these lands were originally a
part OF the Uneompahgre Indian res
ervation. that under "A treaty with
the indians is was 10 be disposed oil
for their benefit under the act of June
., 1SSO-2t Stat. 1873 and provis-
ion Of which act in reference 10 said
lands is as follows:
And all the lands not so allot-
ted the title to which is by the
said agreement Of the federated
bands Of the Ute Indians and its
acceptance by the United States.
released and conveyed TO the
United States shall be held
and deemed 10 be public lands Of
the United States and subject TO
disposal under the laws providing
for the disposal Of the public lands
al the same price and on the same
terms as other lands OF like charac-
ter except as provided in this act:
provided. that none Of these lands
whether mineral or otherwise.
shall be liable to entry and set
tlement under the provisions of the
homestead law. but shall be sub
lect to such entry only in accord
ance with existing law. and when
sold the proceeds Of said sale shall
be first sacredly applied 10 re.
imbursing the United States for all
sums paid out or set apart by this
act by the Government for the
benefit of the Indians, and then to
be applied in payment for the
lands at one dollar and twenty
hVe cents per acre which may be
ceded TO them by the United
States outside OF their reserva-
tion in pursuance OF this agree
menf. etc
You state that aboue 10000 acres
OF said lands have been Withdrawn
under the reclamation act OF June
q. 1909. from all disposition ex-
cept under homestead law. in con
nectiou with the reclamation pro-
lect above referred to. that said
isomesteaders are holding their
claims nj great discomfort as the
lands are practically uninhabitabIe
on account OF lack of water. and that
TO require an entryman to swear
that he has lived upon and cultivated
such lands is requiring an impossl-
bihtN as he can perform neither act
IN the absence OF water You there
fore propose that the terms of the
Withdrawal be modified so as TO re-
store the land to preemption aud
desert entry and TO the Communication
clause OF the homestead law. contend
INDIANS as well as of claimants under
the above named laws. and further
suggest that said lands be disposed
OF al SID per acre. requiring neither
residence nor cultivation. (as in the
case OF the Flathead Indian reser. Z
fation IN Montana, for by that meth
od the Indians would realize more
quickly on their disposal
In reply have to advise YOU that
your communication submitted by I
the Commissioner of Indian af- I
talrs was submitted to the Commis- (
sloner OF the general land Office for
report, and your letter addressed to
the secretary of the Treasury was
referred to the Diector of the Geo
logical Survey for report The re-
ports of both these officers are at
hand. and the substance thereof is
briefly. as follows:
FIRST, That the provisions of 4
the homestead law were extended 1
10 these lands by the act of June IS
l"e2-32 Stat. @S4-Sec. of which
provides
That all sums of money that
may be lost to the Ute Indian fund
bN reason Of the passage OF said
act. shall be paid into the fund
hy the United States and all
moneys received by reason OF the
eommutation OF any homestead
entry shall be credited TO said
Ute Indian fund. d"
IL is apparent. therefore. that il the
ands Withdrawn as stated are dis
losed of under The homestead law, \
he Ute Indian fund viii sustain |
oss thereby.
SECOND. The matter of the all
eyed hardship to honest eaders on
.ccount OF the withdrawal referred |
o. OF which you complain. has been
ully met by the instructions con
aimed in the varioIs circulars issued
.nder said act Of June II. 1902
opies with.-prepared by the
ieneral Land Office and approved by
his department OF which prospect
ge homesteaders had full knowl-
dge; hence. no specific reply thereto
ppears to be necessary.
THIRD, The record Of the Cen
raj Land Office shows that up to
une 80. 1905 nearly two million
oilars, proceeds o fthe sales of these |.