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FIFTIETH CONGRESS. Sess. II. Cus. 22, 24. 1889.
642
shall correspond in width to such streets of said town as may be
selected for the purpose aforesaid: And provided further, That the
. Contracts, contract to construct said road shall be awarded to the lowest bidder,
after due advertisement, the Secretary of War to have authority to
reject any and all bids.
_Approved, January 8, 1889. -
CHAP. 24.—An act for the relief and civilization of the Chippewa Indians in the
January 14, 1889.
State of Minnesota.
Be it enacted by the Senate and House as Representatives of the
United States merica in Congress assembled, That the President
Chippewa Indians of
of the United States is hereby authorized and directed, within sixty
days after the passage of this act, to designate and appoint three Com-
Bont tiate for be uish-
of lands to ap-
missioners, one of whom shall be a citizen of Minnesota, whose duty
pointed.
it shall be, as soon as practicable after their appointment, to nego-
tiate with all the different bands or tribes of Chippewa Indians in the
State of Minnesota for the complete cession and relinquishment in
writing of all their title and interest in and to ail the reservations of
Lands excepted.
_
Red Lake Indians Reservations, State and Minnesota, and so except much of these White two Earth and
tions as in the judgment of said commission is not required to make
and fill the allotments required by this and existing acts, and shall
not have been reserved by the Commissioners for said purposes, for
the p and upon the terms hereinafter stated; and such cession
and relinquishment shall be deemed sufficient as to each of said sev-
of tribes.
eral reservations, except as to the Red Lake Reservation, if made and
assented to in writing by two-thirds of the male adults over eighteen
years of age of the band or tribe of Indians occupying and belong-
ing to such reservations; and as to the Red Lake Reservation the
cession and relinquishment shall be deemed sufficient if made and as-
sented to in like manner by two-thirds of the male adults of all the
Chippewa Indians in Minnesota; and provided that all agreements
therefor shall be approved by the President of the United States before
Proviso.
taking effect: Provided further, That in any case where an allotment
Alottees not to be
disturbed.
in severalty has heretofore been made to any Indian of land upon any
‘of said reservations, he shall not be deprived thereof or disturbed
therein except by his own individual consent separately and pre-
viously given, in such form and manner as may be of prescribed by
the Secretary of the Interior. And for the purpose ascertaining
whether the proper number of Indians yield and give their assent as
aforesaid, and for the purpose of making the allotments and payments
hereinafter mentioned, the said commissioners shall, while engaged
in securing such cession and relinquishment as aforesaid and betore
Census
completing the same, make an accurate census of each tribe or band,
classifying them into male and female adults, and male and female
minors; and the minors into those who are orphans and those who
are not orphans, giving the exact numbers of each class, and making
such census in duplicate lists, one of which shall be filed with the
Secretary of the Interior, and the other with the official head of the
Assent to extinguish
Indian title,
band or tribe; and the acceptance and. approval of such cession and
relinquishment by the President of the United States shall, be deemed
full and ample proof of the assent of the Indians, and shall operate
as a complete extinguishment of the Indian title without any other
or further act or ceremony whatsoever for the purposes and upon
the terms in this act provided.
Bond and oath of
Sec. 2. That the said commissioners shall, before entering upon
commissioners.
the discharge of their duties, each give a bond to the United States
in the sum of ten thousand dollars, with sufficient sureties, to be ap-
proved by the Secretary of the Interior, and conditioned for the
514


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FIFTIETH CONGRESS. Szss. II. Cu. 24. 1885,
643
faithful discharge of their duties under this act, and they shall also
each take an oath to support the Constitution of the United States,
and to faithfully discharge the duties of their office, which bonds and
oaths shall be filed with the Secretary of the Interior. Said commis-
Compensation.
sioners shall be entitled to a compensation of ten dollars per day for
each day actually employed in the discharge of their duties, and for
their actual traveling expenses and board, not exceeding three dol-
lars @ competent per day. interpreter Said commissioners while engaged shall in also the be authorized performance to of employ their Interpreter.
duties, at a compensation and allowance to be fixed by them, not in
excess of that allowed to each of them under this act.
Removal of Indians
Sec. 3. That as soon as the census has been taken, and the cession
to White Earth Reser-
vation.
and relinquishment has been obtained, approved, and ratified, as speci-
fied in section one of this act, all of said Chippewa Indians in the State
of Minnesota, except those on the Red Lake Reservation, shall, under
the direction of said commissioners, be removed to and take up their
residence on the White Earth Reservation, and thereupon there
shall, as soon as practicable, under the direction of said commission-
Allotment of lands
ers, be allotted lands in severalty to the Red Lake Indians on Red
Reserve
ion,
on
Lake Reservation, and to all the other of said Indians White
Earth Reservation, in conformity with the act of February eighth,
Vol. 24, p. 888.
eighteen hundred and eighty-seven, entitled ‘‘An act for the allot- .
ment of lands in severalty to Indians on the various reservations,
and to extend the protection of the laws of the United States and the
Territories over the Indians, and for other purposes”; and all allot-
ments heretofore made to any of said Indians on the White Earth
Prior allotments con-
Reservation are hereby ratified and confirmed with the like tenure
firmed.
Provisos.
and condition prescribed for all allotments under this act: Provided,
however, That the amount heretofore allotted to any Indian on
Deductions.
White Earth Reservation shall be deducted from the amount of al-
lotment to which he or she is entitled under this act: Provided fur-
ther, That any of the Indians residing on any of said reservations
Allotments on other
may, in his discretion, take his allotment in severalty under this act
reservations,
on the reservation where he lives at the time of the removal herein
provided for is effected, instead of being removed to and taking such
allotment on White Earth Reservation.
Survey of ceded —
Src. 4. That as soon as the cession and relinquishment of said In-
lands.
dian title has been obtained and approved as aforesaid, it shall be the
duty of the Commissioners of the General Land Office to cause the lands
so ceded to the United States to be surveyed in the manner provided
by law for the survey of public lands, and as soon as practicable after
such survey has been made, and the report, field-notes, and plats there-
of filed in the General Land Office, and duly approved by the Commis-
sioner thereof, the said Secretary of the Interior, upon notice of the
completion of such surveys, shall appoint a sufficient number of com-
etent and experienced examiners, in order that the work may be
done within a reasonable time, who shall go upon said lands thus sur-
veyed and personally make a careful, complete, and thorough exami-
into
” Subdivision
nation of the same by forty-acre lots, for the purpose of ascertaining
forty-acre lots.
on which lots or tracts there is standing or growing pine timber, which
tracts on which pine timber is standing or growing for the purposes
“Pine lands.”
of this act shall be termed “‘ pine lands,” the minutes of such exami-
nation to be at the time entered in books provided for that purpose,
showing with particularity the amount and quality of all pine timber
standing or growing on any lot or tract, the amount of such pine tim-
ber to b2 estimated by feet in the manner usual in estimating such
timber, which estimates and reports of all such examinations shall be
filed with the Commissioner of the General Land Office as a part of the
permanent records thereof, and thereupon that officer shall cause to be
made alist of all such pine lands, describing each forty-acre lot or tract
Minimum valuations,
thereof separately, and opposite each such description he shall place
the actual cash value of the same, according to his best judgment and
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FIFTIETH CONGRESS. Szss. II. Cu. 24. 1889.
644
information, but such valuation shall not be at a rate of less than
three dollars per thousand feet, board measure of the pine timber
thereon, and thereupon such lists of lands so appraised shall be trans-
mitted to the Secretary of the Interior for approval, modification, or
rejection, as he may deem proper. If the a praisals are rejected as
New appraisals,
a whole then the Secretary of the Interior shall substitute a new ap-
praisal and the same or original list as approved or modified shall be
led with the Commissioner of the General Land Office as the ap-
praisal of said lands, and as constituting the minimum price for whic
said lands may be sold, as hereinafter provided, but in no event shall
said pine lands may board be appraised measure at a rate of less than three dollars per
thousand feet of the pine timber thereon. Duplicate
Lists tobefiled; _ lists of said lands as appraised, together with copies of the field-notes,
surveys, and minutes of examinations shall be filed and kept in the
office of
office of the register of the land office of the district within which said
lands may be situated, and copies of said lists with the appraisals shall
be furnished to any person desiring the same upon application to the
any
Commissioner of the General Land Office or to the register of said
-
local land office.
Pay examiners.
The compensation of the examiners so provided for in this section
shall be fixed by the Secretary of the Interior, but in no event shall
exceed the sum of six dollars per day for-each person so employed,
including all e acquired
All other from the said Indians on said reservations
miAgricultural
other than pine lands are for the P purposes of this act termed. “‘agricult-
ral
Saieof pine lands.
. SEC. 5. That after the survey, examination, and appraisals of said
pine lands has been fully completed they shall be proclaimed as in
market and offered for sale in the following manner : The Commis-
sioner of the General Land Office shall cause notices to be inserted
successive
Advertisement,
ONce in each week for four successive weeks in one newspaper of gen-
eral circulation published in Minneapolis, Saint Paul, Duluth, and
Crookston, Minnesota; Chicago, Dlinois; Milwaukee, Wisconsin
Detroit, Michigan; Philadelphia and Williamsport, ;
,
and Massachusetts, of the sale of said lands at public auction
to the highest bidder for cash at the local land office of the district
Auction sale,
within which said lands are located, said notice to state the time and-
place and terms of such sale. At such sale said lands shall be offered
in forty-acre parcels, except in case of fractions containing either
more or less than forty acres, which shall be sold entire. In no event
shall any parcel be sold for a less sum than its appraised value. The
residue of such lands remaining unsold after such public offerin
Private sale.
shall thereafter be subject to private sale for cash at the appraise
value of the same upon application at the local land office.
Sale of agricultural SEC. 6. That when any of the agricultural lands on said reserva-
lands. tion 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 dis-
thirty only
To be sold under posed © by the United States to actual settlers under the pro-
homestead lew. visions of the homestead law: Provided, That each settler under and in
accordance with the provisions of said homestead laws shall dollar tothe ©
Price, ete. United States for the land so taken by him the sum of one and
twenty-five cents for each and every acre, in five equal annual pay-
ng, f...
ments, and shall be entitled to a patent therefor only at the expira-
tion of five years from the date of entry, according to said homestead
laws, and r the full payment of said one dollar and twenty-five
cents per acre therefor, and due proof of occupancy for said period
of five years; and any conveyance of said lands so taken as a home-
stead, or any contract touching the same, prior to the date of final
516


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FIFTIETH CONGRESS. Sess. II. Cu. 24. 1889.
645
Prior entries not dis-
entry, shall be null and void: Provided, That nothing in this act
turbed.
shall be held to authorize the sale or other disposal under its provision
of any tract upon which there is a subsisting, valid, pre-emption 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,
Second entries.
That any person who has not heretofore had the benefit of the home-
stead or pre-emption law, and who has failed from any cause to per-
fect the title to a tract of land heretofore entered by him under either
of said laws may make asecond homestead entry under the provisions
0 s act.
Sec. 7. That all money accruing from the disposal of said lands in
Funds to be depos-
ited to credit of Chip.
.
pewas.
conformity with the provisions of this act shall, after deducting all
the expenses of making the census, of obtaining the cession and re-
linquishment, of making the removal and allotments, and of com-
pleting the surveys and appraisals, in this act provided, be Chi placed in
the Treasury of the United States to the credit of all the pewa
Indians in the State of Minnesota as a permanent fund, which shall
Interest.
draw interest at the rate of five per centum per annum, payable an-
nually for the period of fifty years, after the allotments provided for
in this act have been made, and which interest and permanent fund
shall be expended for the benefit of said Indians in manner follow-
Distribution of in-
ing: One-half of said interest shall, during the said period of fifty
terest.
years, except in the cases hereinafter otherwise provided, be annually
paid in cash in equal shares to the heads of families and guardians
of orphan minors for their use; and one-fourth of said interest shall,
during the same period and with the like exception, be annually
paid in cash in equal shares per capita to all other classes of said In-
ians; and the remaining one-fourth of said interest shall, durin,
the said period of fifty years, under the direction of the Secretary o:
the Interior, be devoted exclusively to the establishment and main-
-
tenance of a system of free schools among said Indians, in their
midst and for their benefit; and at the expiration of the said fifty
years, the said permanent fund shall be divided and paid to all of
said Chippewa Indians and their issue then living, in cash, in equal
shares : Provided, That Congress may, in its discretion, from time to
Advances, from
principal.
time, during the said period of fifty years, appropriate, for the pur-
pose of promoting civilization and self-support among the said In-
ians, a portion of said principal sum, not exceeding five per centum
Anticipating inter-
thereof. The United States shall, for the benefit of said Indians,
est.
advance to them as such interest as aforesaid the sum of ninety
thousand dollars annually, counting from the time when the re-
moval and allotments said provided for in this act shall have been made,
until such time as permanent fund, exclusive of the deductions
hereinbefore provided for, shall equal or exceed the sum of three
million dollars, less any actual interest that may in the meantime
Aids to farming.
accrue from accumulations of said permanent fund; the payments
of such interest to be made yearly in advance, and, in the discretion
of the Secretary of the Interior, may, as to three-fourths thereof,
during the first five years be expended in procuring live-stock, teams,
farming implements, and seed for such of the Indians the extent
of their shares as are fit and desire to engage in farming, but as to
Re-imbursement.
the rest, in cash; and whenever. said permanent fund shall exceed
the sum of three million dollars the United States shall be fully re-
imbursed out of such excess, for all the advances of interest made
as herein contemplated and other expenses hereunder.
Appropriation.
Sec. 8. That the sum of one hundred and fifty thousand dollars is
hereby appropriated, or so much thereof as may be necessary, out of
any money in the Treasury not otherwise appropriated, to pay for
procuring the cession and relinguishment, making the census, sur-
veys, appraisals, removal and allotments, and the first annual pay-
517


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FIFTIETH CONGRESS. Szss. II. Cus. 24, 47, 48. 1889.
646
ment of interest herein contemplated and provided for, which money
shall be expended under the direction of the Secretary of the Interior
Statement to be
in conformity with the provisions of this act. A detailed statement
made.
of which expenses, except the interest aforesaid, shall be reported to
Congress when the expenditures shall be completed.
Approved, January 14, 1889.
January 16, 1889.
CHAP, 47.—An act authorizing the of War to issue to the governor of
the Territory of Montana mili stores for the use of the regularly enlisted, or-
ized, an uniformed active militi
Be it enacted by the Senate and House of Representatives of the
Montana militia.
United States of America in Congress assembled, That the Secretary
of War be, and he is hereby, authorized and directed to issue to the
Arms, to be is-
governor of the Territory of Montana such additional arms, ordnance
sued to.
stores, quartermaster’s stores, and camp equipage as may be re-
quired to fully arm and equip the present regularly enlisted, organ-
ized, and uniformed active militia of said Territory, consisting of
seven general staff officers and the officers and men of one regiment
of eight companies of infantry, two companies of cavalry, one
battery of artillery : ided, That the amount to be expended un-
der the provisions of this act shall not exceed the sum of thirty-three
Amount
thousand eight hundred and sixty dollars and seventy-six cents,
being the balance remaining charged against said Territory on ac-
count of the sum of sixty-nine thousand two hundred and ninety-six
dollars and seventy-seven cents, charged against said Territory on
account of the issuance of field arti ery, arms, and so forth, in
August, eighteen hundred and sixty-seven; and to enable the Sec-
retary of War to carry out the provisions of this act said sum of
Appropriation. -
thirty-three thousand eight hundred and sixty dollars and seventy-
six cents is hereby appropriated out of any money in the Treasury
not otherwise appropriated: And provided further, That nothing
Further issues not
herein shall affect the apportionment hereafter, to said Territory, of
affected.
arms, ordnance stores, quartermaster’s stores, and camp equipage,
under existing laws and regulations: And provided further, That
To be United States
the military stores to be issued hereunder shall remain the property
property,
of the United States, and said governor shall be chargeable there-
with as now provided by law.
Approved, January 16, 1889.
CHAP. 48,—An act to provide certain arms, ammunition, and equipage to the
January 16, 1899.
State of Oregon for the militia thereof.
Oregon militia.
Whereas, the militia organizations of the State of Oregon, already
Preambie.
perfected, now embrace three regiments of infantry, with one unat-
tached battery of light artillery, and one troop of cavalry, and these
are in urgent need of arms and equipments by reason of the inade-
quate supply due the State through its regular annual quota provided
y law; an
Whereas, the ulation of Oregon, in view of its recent rapid
growth, is now double that number required as the basis for repre-
sentation in Congress, and therefore justly entitled to twice its pres-
ent annual quota of arms and equipments; and
Whereas, Oregon contains within its limits five Indian reserva-
tions, aggregating within them about four thousand Indians, and
these reservations are located in widely variant sections of the State,
throughout which there is but one United States military post, with
but one company of infantry; and that along the three hundred miles
of unguarded sea-coast, as well as frontier of the State, there are many
518