Messages and Papers of William McKinley V.2. by William McKinley
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William McKinley >> Messages and Papers of William McKinley V.2.
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* * * * *
That the laws relating to the mineral lands of the United States are
hereby extended over the lands ceded by the foregoing agreement.
And whereas in the act of Congress ratifying the said Comanche, Kiowa
and Apache agreement, it is provided--
That the lands acquired by this agreement shall be opened to settlement
by proclamation of the President within six months after allotments are
made and be disposed of under the general provisions of the homestead
and townsite laws of the United States: _Provided_, That in
addition to the land office fees prescribed by statute for such entries
the entryman shall pay one dollar and twenty-five cents per acre for the
land entered at the time of submitting his final proof: _And provided
further_, That in all homestead entries where the entryman has
resided upon and improved the land entered in good faith for the period
of fourteen months he may commute his entry to cash upon the payment of
one dollar and twenty-five cents per acre: _And provided further_,
That the rights of honorably discharged Union soldiers and sailors of
the late civil war, as defined and described in sections twenty-three
hundred and four and twenty-three hundred and five of the Revised
Statutes shall not be abridged: _And provided further_, That any
person who, having attempted to but for any cause failed to secure a
title in fee to a homestead under existing laws, or who made entry under
what is known as the commuted provision of the homestead law shall be
qualified to make a homestead entry upon said lands: _And provided
further_, That any qualified entryman having lands adjoining the
lands herein ceded, whose original entry embraced less than one hundred
and sixty acres in all, shall have the right to enter so much of the
lands by this agreement ceded lying contiguous to his said entry as
shall, with the land already entered, make in the aggregate one hundred
and sixty acres, said land to be taken upon the same conditions as are
required of other entrymen: _And provided further_, That the
settlers who located on that part of said lands called and known as the
"neutral strip" shall have preference right for thirty days on the lands
upon which they have located and improved.
* * * * *
That should any of said lands allotted to said Indians, or opened to
settlement under this act, contain valuable mineral deposits, such
mineral deposits shall be open to location and entry, under the existing
mining laws of the United States, upon the passage of this act, and the
mineral laws of the United States are hereby extended over said lands.
And whereas, by the act of Congress approved January 4, 1901 (31 Stat.,
727), the Secretary of the Interior was authorized to extend, for a
period not exceeding eight months from December 6, 1900, the time for
making allotments to the Comanche, Kiowa, and Apache Indians and opening
to settlement the lands so ceded by them;
And whereas, in pursuance of the act of Congress approved March 3, 1901
(31 Stat., 1093), the Secretary of the Interior has regularly subdivided
the lands so as aforesaid respectively ceded to the United States by the
Wichita and affiliated bands of Indians and the Comanche, Kiowa, and
Apache tribes of Indians into counties, attaching portions thereof to
adjoining counties in the Territory of Oklahoma, has regularly
designated the place for the county seat of each new county, has
regularly set aside and reserved at such county seat land for a townsite
to be disposed of in the manner provided by the act of Congress last
named, and has regularly caused to be surveyed, subdivided, and platted
the lands so set aside and reserved for disposition as such townsites;
And whereas, by the act of Congress last named, it is provided:
The lands to be opened to settlement and entry under the acts of
Congress ratifying said agreements respectively shall be so opened by
proclamation of the President, and to avoid the contests and conflicting
claims which have heretofore resulted from opening similar public lands
to settlement and entry, the President's proclamation shall prescribe
the manner in which these lands may be settled upon, occupied, and
entered by persons entitled thereto under the acts ratifying said
agreements, respectively; and no person shall be permitted to settle
upon, occupy, or enter any of said lands except as prescribed in such
proclamation until after the expiration of sixty days from the time when
the same are opened to settlement and entry.
And whereas, by the act of Congress last named the President was
authorized to establish two additional United States land districts and
land offices in the Territory of Oklahoma to include the lands so ceded
as aforesaid, which land districts and land offices have been
established by an order of even date herewith;
And whereas all of the conditions required by law to be performed prior
to the opening of said tracts of land to settlement and entry have been,
as I hereby declare, duly performed;
Now, therefore, I, William McKinley, President of the United States of
America, by virtue of the power vested in me by law, do hereby declare
and make known that all of the lands so as aforesaid ceded by the
Wichita and affiliated bands of Indians, and the Comanche, Kiowa, and
Apache tribes of Indians, respectively, saving and excepting sections
sixteen, thirty-six, thirteen, and thirty-three in each township, and
all lands located or selected by the Territory of Oklahoma as indemnity
school or educational lands, and saving and excepting all lands allotted
in severalty to individual Indians, and saving and excepting all lands
allotted and confirmed to religious societies and other organizations,
and saving and excepting the lands selected and set aside as grazing
lands for the use in common for said Comanche, Kiowa, and Apache tribes
of Indians, and saving and excepting the lands set aside and reserved at
each of said county seats for disposition as townsites, and saving and
excepting the lands now used, occupied, or set apart for military,
agency, school, school farm, religious, Indian cemetery, wood reserve,
forest reserve, or other public uses, will, on the 6th day of August,
1901, at 9 o'clock A.M., in the manner herein prescribed and not
otherwise, be opened to entry and settlement and to disposition under
the general provisions of the homestead and townsite laws of the United
States.
Commencing at 9 o'clock A.M., Wednesday, July 10, 1901, and ending at
6 o'clock P.M., Friday, July 26, 1901, a registration will be had at
the United States land offices at El Reno and Lawton, in the Territory
of Oklahoma (the office at Lawton to occupy provisional quarters
in the immediate vicinity of Fort Sill, Oklahoma Territory, until
suitable quarters can be provided at Lawton), for the purpose of
ascertaining what persons desire to enter, settle upon, and acquire
title to any of said lands under the homestead law and of ascertaining
their qualifications so to do. The registration at each office will be
for both land districts, but at the time of registration each applicant
will be required to elect and state in which district he desires to make
entry. To obtain registration each applicant will be required to show
himself duly qualified to make homestead entry of these lands under
existing laws and to give the registering officer such appropriate
matters of description and identity as will protect the applicant and
the government against any attempted impersonation. Registration cannot
be effected through the use of the mails or the employment of an agent,
excepting that honorably discharged soldiers and sailors entitled to the
benefits of section 2304 of the Revised Statutes of the United States,
as amended by the act of Congress approved March 1, 1901 (31 Stat.,
847), may present their applications for registration and due proofs of
their qualifications through an agent of their own selection, but no
person will be permitted to act as agent for more than one such soldier
or sailor. No person will be permitted to register more than once or
in any other than his true name. Each applicant who shows himself duly
qualified will be registered and given a non-transferable certificate
to that effect, which will entitle him to go upon and examine the lands
to be opened hereunder in the land district in which he elects to make
his entry; but the only purpose for which he may go upon and examine
said lands is that of enabling him later on, as herein provided, to
understandingly select the lands for which he will make entry. No one
will be permitted to make settlement upon any of said lands in advance
of the opening herein provided for, and during the first sixty days
following said opening no one but registered applicants will be
permitted to make homestead settlement upon any of said lands, and then
only in pursuance of a homestead entry duly allowed by the local land
officers or of a soldier's declaratory statement duly accepted by such
officers.
The order in which, during the first sixty days following the opening,
the registered applicants will be permitted to make homestead entry of
the lands opened hereunder, will be determined by drawings for both the
El Reno and Lawton districts publicly held at the United States land
office at El Reno, Oklahoma, commencing at 9 o'clock A.M., Monday, July
29, 1901, and continuing for such period as may be necessary to complete
the same. The drawings will be had under the supervision and immediate
observation of a committee of three persons whose integrity is such as
to make their control of the drawing a guaranty of its fairness. The
members of this committee will be appointed by the Secretary of the
Interior, who will prescribe suitable compensation for their services.
Preparatory to these drawings the registration officers will, at the
time of registering each applicant who shows himself duly qualified,
make out a card, which must be signed by the applicant, stating the land
district in which he desires to make homestead entry, and giving such a
description of the applicant as will enable the local land officers to
thereafter identify him. This card will be at once sealed in a separate
envelope, which will bear no other distinguishing label or mark than
such as may be necessary to show that it is to go into the drawing for
the land district in which the applicant desires to make entry. These
envelopes will be separated according to land districts and will be
carefully preserved and remain sealed until opened in the course of the
drawing as herein provided. When the registration is completed all of
these sealed envelopes will be brought together at the place of drawing
and turned over to the committee in charge of the drawing, who, in such
manner as in their judgment will be attended with entire fairness and
equality of opportunity, shall proceed to draw out and open the separate
envelopes and to give to each enclosed card a number in the order in
which the envelope containing the same is drawn. While the drawings for
the two districts will be separately conducted they will occur as nearly
at the same time as is practicable. The result of the drawing for each
district will be certified by the committee to the officers of the
district and will determine the order in which the applicants may make
homestead entry of said lands and settlement thereon.
Notice of the drawings stating the name of each applicant and number
assigned to him by the drawing will be posted each day at the place
of drawing, and each applicant will be notified of his number by a
postal-card mailed to him at the address, if any, given by him at the
time of registration. Each applicant should, however, in his own behalf
employ such measures as will insure his obtaining prompt and accurate
information of the order in which his application for homestead entry
can be presented as fixed by the drawing. Applications for homestead
entry of said lands during the first sixty days following the opening
can be made only by registered applicants and in the order established
by the drawing. At each land office, commencing Tuesday, August 6, 1901,
at 9 o'clock A.M., the applications of those drawing numbers 1 to 125,
inclusive, for that district must be presented and will be considered
in their numerical order during the first day, and the applications
of those drawing numbers 126 to 250, inclusive, must be presented and
will be considered in their numerical order during the second day,
and so on at that rate until all of said lands subject to entry under
the homestead law, and desired thereunder, have been entered. If any
applicant fails to appear and present his application for entry when the
number assigned to him by the drawing is reached, his right to enter
will be passed until after the other applications assigned for that day
have been disposed of, when he will be given another opportunity to make
entry, failing in which he will be deemed to have abandoned his right to
make entry under such drawing. To obtain the allowance of a homestead
entry each applicant must personally present the certificate of
registration theretofore issued to him, together with a regular
homestead application and the necessary accompanying proofs, and with
the regular land office fees, but an honorably discharged soldier or
sailor may file his declaratory statement through the agent representing
him at the registration. The production of the certificate of
registration will be dispensed with only upon satisfactory proof of
its loss or destruction. If at the time of considering his regular
application for entry it appears that any applicant is disqualified from
making homestead entry of these lands his application will be rejected,
notwithstanding his prior registration. If any applicant shall register
more than once hereunder, or in any other than his true name, or shall
transfer his registration certificate he will thereby lose all the
benefits of the registration and drawing herein provided for, and will
be precluded from entering or settling upon any of said lands during the
first sixty days following said opening.
Because of the provision in the said act of Congress approved June 6,
1900: "That the settlers who located on that part of said lands called
and known as the 'neutral strip' shall have preference right for thirty
days on the lands upon which they have located and improved," the said
lands in the "neutral strip" shall for the period of thirty days after
said opening be subject to homestead entry and townsite entry only by
those who have heretofore located upon and improved the same, and who
are accorded a preference right of entry for thirty days as aforesaid.
Persons entitled to make entry under this preference right will be
permitted to do so at any time during said period of thirty days
following the opening without previous registration, and without regard
to the drawing herein provided for, and at the expiration of that period
the lands in said "neutral strip" for which no entry shall have been
made will come under the general provisions of this proclamation.
The intended beneficiaries of the provision in the said acts of
Congress, approved, respectively, March 2, 1895, and June 6, 1900, which
authorizes a qualified entryman having lands adjoining the ceded lands,
whose original entry embraced less than 160 acres, to enter so much
of the ceded lands as will make his homestead entry contain in the
aggregate not exceeding 160 acres, may obtain such an extension of his
existing entry, without previous registration and without regard to the
drawing herein provided for, only by making appropriate application,
accompanied by the necessary proofs, at the proper new land office at
some time prior to the opening herein provided for.
Any person or persons desiring to found, or to suggest establishing
a townsite upon any of said ceded lands at any point not in the near
vicinity of either of the county seats therein heretofore selected and
designated as aforesaid, may, at any time before the opening herein
provided for, file in the proper local land office a written application
to that effect describing by legal subdivisions the lands intended to be
affected, and stating fully and under oath the necessity or propriety of
founding or establishing a town at that place. The local officers will
forthwith transmit said petition to the Commissioner of the General Land
Office with their recommendation in the premises. Such Commissioner, if
he believes the public interests will be subserved thereby, will, if the
Secretary of the Interior approve thereof, issue an order withdrawing
the lands described in such petition, or any portion thereof, from
homestead entry and settlement and directing that the same be held for
the time being for townsite settlement, entry, and disposition only.
In such event the lands so withheld from homestead entry and settlement
will, at the time of said opening and not before, become subject to
settlement, entry, and disposition under the general townsite laws
of the United States. None of said ceded lands will be subject to
settlement, entry, or disposition under such general townsite laws
except in the manner herein prescribed until after the expiration of
sixty days from the time of said opening.
Attention is hereby especially called to the fact that under the special
provisions of the said act of Congress approved March 3, 1901, the
townsites selected and designated at the county seats of the new
counties into which said lands have been formed cannot be disposed of
under the general townsite laws of the United States, and can only be
disposed of in the special manner provided in said act of Congress,
which declares:
The lands so set apart and designated shall, in advance of the opening,
be surveyed, subdivided, and platted, under the direction of the
Secretary of the Interior, into appropriate lots, blocks, streets,
alleys, and sites for parks or public buildings, so as to make a
townsite thereof: _Provided_, That no person shall purchase more than
one business and one residence lot. Such town lots shall be offered
and sold at public auction to the highest bidder, under the direction
of the Secretary of the Interior, at sales to be had at the opening
and subsequent thereto.
All persons are especially admonished that under the said act of
Congress approved March 3, 1901, it is provided that no person shall
be permitted to settle upon, occupy, or enter any of said ceded lands
except in the manner prescribed in this proclamation until after the
expiration of sixty days from the time when the same are opened to
settlement and entry. After the expiration of the said period of sixty
days, but not before, any of said lands remaining undisposed of may be
settled upon, occupied and entered under the general provisions of the
homestead and townsite laws of the United States in like manner as if
the manner of effecting such settlement, occupancy and entry had not
been prescribed herein in obedience to law.
It appearing that there are fences around the pastures into which, for
convenience, portions of the ceded lands have heretofore been divided,
and that these fences are of considerable value and are still the
property of the Indian tribes ceding said lands to the United States,
all persons going upon examining, entering or settling upon any of
said lands are cautioned to respect such fences as the property of the
Indians and not to destroy, appropriate, or carry away the same, but
to leave them undisturbed so that they may be seasonably removed and
preserved for the benefit of the Indians.
The Secretary of the Interior shall prescribe all needful rules and
regulations necessary to carry into full effect the opening herein
provided for.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
Done at the city of Washington this 4th day of July, A.D. 1901, and of
the Independence of the United States the one hundred and twenty-sixth.
[SEAL.]
WILLIAM McKINLEY.
By the President:
DAVID J. HILL,
_Acting Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas the Olympic Forest Reserve, in the State of Washington, was
established by proclamation dated February 22, 1897, under and by virtue
of section twenty-four of the act of Congress, approved March 3, 1891,
entitled "An act to repeal timber-culture laws, and for other purposes,"
which provides, "That the President of the United States may, from time
to time, set apart and reserve, in any State or Territory having public
lands bearing forests, in any part of the public lands wholly or in part
covered with timber or undergrowth, whether of commercial value or not,
as public reservations, and the President shall, by public proclamation,
declare the establishment of such reservations and the limits thereof;"
And whereas it is further provided by the act of Congress, approved
June 4, 1897, entitled, "An act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June 30, 1898, and
for other purposes," that "The President is hereby authorized at any
time to modify any executive order that has been or may hereafter be
made establishing any forest reserve, and by such modification may
reduce the area or change the boundary lines of such reserve, or may
vacate altogether any order creating such reserve;" under which
provision, certain lands were withdrawn and excluded from the said
forest reserve by proclamation dated April 7, 1900;
Now, therefore, I, William McKinley, President of the United States,
by virtue of the power vested in me by the aforesaid act of Congress,
approved June 4, 1897, do hereby make known and proclaim that the
boundary lines of the aforesaid Olympic Forest Reserve are hereby
further changed so as to read as follows:
Beginning at the northeast corner of township twenty-one (21) north,
range five (5) west, Willamette Meridian, Washington; thence northerly
to the southeast corner of section twenty-five (25), township
twenty-three (23) north, range five (5) west, thence westerly to the
southwest corner of said section; thence northerly to the northwest
corner of said section; thence westerly to the southwest corner of
section twenty-three (23), said township; thence northerly to the
northwest corner of said section; thence westerly to the southwest
corner of section fifteen (15), said township; thence northerly to the
northwest corner of section ten (10), said township; thence easterly
to the northeast corner of section twelve (12), said township; thence
northerly to the northwest corner of township twenty-three (23) north,
range four (4) west; thence easterly to the northeast corner of said
township; thence northerly to the northwest corner of township
twenty-four (24) north, range three (3) west; thence easterly to the
northeast corner of said township; thence northerly to the southwest
corner of township twenty-eight (28) north, range two (2) west; thence
easterly to the southeast corner of the southwest quarter of section
thirty-three (33), said township; thence northerly along the
quarter-section lines to the northeast corner of the northwest quarter
of section twenty-one (21), township twenty-nine (29) north, range two
(2) west; thence westerly along the section lines to the point for the
southwest corner of section eighteen (18), township twenty-nine (29)
north, range five (5) west; thence northerly to the northwest corner
of said township; thence westerly to the southeast corner of township
thirty (30) north, range eight (8) west; thence northerly to the
northeast corner of section twenty-five (25), said township; thence
westerly to the southwest corner of section twenty (20), said township;
thence northerly to the northeast corner of section eighteen (18), said
township; thence westerly to the point for the northeast corner of
section thirteen (13), township thirty (30) north, range ten (10) west;
thence northerly to the northeast corner of said township; thence
westerly to the northwest corner of township thirty (30) north, range
eleven (11) west; thence southerly to the southwest corner of section
nineteen (19), said township; thence easterly to the southwest corner of
section twenty-three (23), township thirty (30) north, range ten (10)
west; thence southerly to the southwest corner of section thirty-five
(35), said township; thence westerly to the northeast corner of section
three (3), township twenty-nine (29), range eleven (11) west; thence
southerly to the point for the northeast corner of section twenty-seven
(27), said township; thence westerly to the point for the northwest
corner of section thirty (30), said township; thence southerly to the
southwest corner of said township; thence westerly to the northwest
corner of township twenty-eight (28), range twelve (12) west; thence
southerly to the southwest corner of said township; thence easterly to
the northeast corner of township twenty-seven (27) north, range eleven
(11) west; thence southerly to the southeast corner of section one (1),
said township; thence westerly to the northwest corner of section ten
(10), township twenty-seven (27) north, range twelve (12) west; thence
southerly to the southwest corner of section fifteen (15), said
township; thence easterly to the southwest corner of section thirteen
(13), said township; thence southerly to the southwest corner of section
twenty-four (24), said township; thence easterly to the northeast corner
of section twenty-five (25), township twenty-seven (27) north, range
eleven (11) west; thence southerly to the southeast corner of said
township; thence westerly to the southwest corner of said township;
thence southerly to the southwest corner of township twenty-five (25)
north, range eleven (11) west; thence easterly to the northeast corner
of township twenty-four (24) north, range eleven (11) west; thence
southerly to the southeast corner of said township; thence westerly
along the township line to its point of intersection with the north
boundary of the Quinaielt Indian Reservation; thence southeasterly along
the north boundary of said Indian Reservation to the eastern point of
said reservation and southwesterly along the east boundary thereof to
the point of intersection with the township line between townships
twenty-one (21) and twenty-two (22) north; thence easterly to the
northeast corner of township twenty-one (21) north, range ten (10) west;
thence southerly to the southeast corner of section one (1), said
township; thence easterly to the southwest corner of section six (6),
township twenty-one (21) north, range eight (8) west; thence southerly
to the southwest corner of section eighteen (18), said township; thence
easterly to the southeast corner of section sixteen (16), said township;
thence northerly to the northeast corner of section four (4), said
township; thence easterly to the northeast corner of section six (6),
township twenty-one (21) north, range seven (7) west; thence southerly
to the southeast corner of said section; thence easterly to the
northeast corner of section twelve (12), said township; thence southerly
to the southeast corner of said section; thence easterly to the
northeast corner of section sixteen (16), township twenty-one (21)
north, range six (6) west; thence northerly to the point for the
northeast corner of section nine (9), said township; thence easterly to
the southwest corner of section six (6), township twenty-one (21) north,
range five (5) west; thence northerly to the northwest corner of said
township; thence easterly to the northeast corner of said township, the
place of beginning.
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