act entitled "an act to extend the northern boundary of the State of Vol. 22. p. 35. That protection is guaranteed to such Indians as may have taken Protection to Indians. allotments either within or without the said separate reservations under the provisions of the treaty with the Great Sioux Nation, toncluded April twenty-ninth, eighteen hundred and sixty-eight; and that provision is made in said act for the release of all title on the part of said Indians receiving rations and annuities on each separate reservation, to the lands described in each of the other separate reservations, and to confirm in the Indians entitled to receive rations at each of said separate reservations, respectively, to their separate and exclusive use and benefit, all the title and interest of every name and nature secured to the different bands of the Sioux Nation by said treaty of April twenty-ninth, eighteen hundred and sixty-eight; and that said release shall not affect the title of any individual In- Indian titles. dian to his separate allotment of land not included in any of said separate reservations, nor any agreement heretofore made with the Chicago, Milwaukee and Saint Paul Railroad Company or the Dakota Central Railroad Company respecting certain lands for right of Rights of way. way, station grounds, etc., regarding which certain prior rights and privileges are reserved to and for the use of said railroad companies, respectively, upon the terms and conditions set forth in said act: Lands for mission work. That it is therein provided that if any land in said Great Sioux Reservation is occupied and used by any religious society at the date or educational of said act for the purpose of missionary or educational work among the Indians, whether situate outside of or within the limits of any of the separate reservations, the same, not exceeding one hundred and sixty acres in any one tract, shall be granted to said society for the purposes and upon the terms and conditions therein named, and settlers. Subject to all the conditions and limitations in said act contained, Lands to homestead it is therein provided that all the lands in the Great Sioux Reservation outside of the separate reservations described in said act, except American Island, Farm Island, and Niobrara Island, regarding which Islands special provisions are therein made, and sections sixteen and thirty-six in each township thereof (which are reserved for school purposes) shall be disposed of by the United States, upon the terms, at the price and in the manner therein set forth, to actual settlers only, under the provisions of the homestead law (except section two thousand three hundred and one thereof) and under the law relating to town-sites. Prior bona fide set That section twenty-three of said act provides "that all persons ters granted leave to who, between the twenty-seventh day of February, eighteen hun- re-enter. dred and eighty-five, and the seventeenth day of April, eighteen Vol. 25, p. 898. hundred and eighty-five, in good faith, entered upon or made settlements with intent to enter the same under the homestead or preemption laws of the United States upon any part of the Great Sioux Reservation lying east of the Missouri River, and known as the Crow Creek and Winnebago Reservation, which, by the President's proclamation of date February twenty-seventh, eighteen hundred and eighty-five, was declared to be open to settlement, and not included in the new reservation established by section six of this act, and who, being otherwise legally entitled to make such entries, located or attempted to locate thereon homestead, pre-emption, or town-site claims by actual settlement and improvement of any portion of such lands, shall, for a period of ninety days after the proclamation of Reservation for Lower Bry Agency. Reservation at Cheyenne River Agency. Reservation at Pine Persons warned against entering lands reserved to Indians. Surveys. the President required to be made by this act, have a right to re-enter upon said claims and procure title thereto under the homestead or pre-emption laws of the United States, and complete the same as required therein, and their said claims shall, for such time, have a preference over later entries; and when they shall have in other respects shown themselves entitled and shall have complied with the law regulating such entries, and, as to homesteads, with the special provisions of this act, they shall be entitled to have said lands, and patents therefor shall be issued as in like cases: Provided, That preemption claimants shall reside on their lands the same length of time before procuring title as homestead claimants under this act. The price to be paid for town-site entries shall be such as is required by law in other cases, and shall be paid into the general fund provided for by this act." It is, furthermore, hereby made known that there has been and is hereby reserved from entry or settlement that tract of land now occupied by the agency and school buildings at the Lower Brule Agency, to wit: The west half of the southwest quarter of section twenty-four; the east half of the southeast quarter of section twenty-three; the west half of the northwest quarter of section twenty-five; the east half of the northeast quarter of section twenty-six, and the northwest fractional quarter of the southeast quarter of section twenty-six; all in township one hundred and four, north of range seventy-two, west of the fifth principal meridian; That there is also reserved as aforesaid the following described tract within which the Cheyenne River Agency, school and certain other buildings are located, to wit: Commencing at a point in the center of the main channel of the Missouri River opposite Deep Creek, about three miles south of Cheyenne River; thence due west five and one half miles; thence due north to the Cheyenne River; thence down said river to the center of the main channel thereof to a point in the center of the Missouri River due east or opposite the mouth of said Cheyenne River; thence down the center of the main channel of the Missouri River to the place of beginning: That in pursuance of the provisions contained in section one of said act, the tract of land situate in the State of Nebraska and described in said act as follows; to wit: " Beginning at a point on the boundary-line between the State of Nebraska and the Territory of Dakota, where the range line between ranges forty-four and fortyfive west of the sixth principal meridian, in the Territory of Dakota, intersects said boundary line; thence east along said boundary-line five miles; thence due south five miles; thence due west ten miles; thence due north to said boundary-line; thence due east along said boundary-line to the place of beginning," same is continued in a state of reservation so long as it may be needed for the use and protection of the Indians receiving rations and annuities at the Pine Ridge Agency. Warning is hereby also expressly given to all persons not to enter or make settlement upon any of the tracts of land specially reserved by the terms of said act, or by this proclamation, or any portion of · any tracts of land to which any individual member of either of the bands of the great Sioux Nation, or the Ponca tribe of Indians, shall have a preference right under the provisions of said act; and further, to in no wise interfere with the occupancy of any of said tracts by any of said Indians, or in any manner to disturb, molest or prevent the peaceful possession of said tracts by them. The surveys required to be made of.the lands to be restored to the public domain under the provisions of the said act, and as in this proclamation set forth will be commenced and executed as early as possible. 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 tenth day of February in the year of our Lord one thousand eight hundred and ninety, [SEAL.] and of the Independence of the United States the one hundred and fourteenth. By the President: JAMES G. BLAINE, Secretary of State. [No. 10.] BENJ. HARRISON. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Preamble. Whereas, that portion of the Indian Territory, commonly known February 17, 1890. as the Cherokee Strip or Outlet, has been for some years in the occupancy of an association or associations of white persons under certain contracts, said to have been made with the Cherokee Nation in the nature of a lease or leases for grazing purposes; and Whereas, an opinion has been given to me by the Attorney General, concurring with the opinion given to my predecessor by the láte Attorney General, that whatever the right or title of said Cherokee Nation or of the United States to or in said lands may be, no right exists in said Cherokee Nation under the Statutes of the United States to make such leases or grazing contracts, and that such contracts are wholly illegal and void; and Whereas, the continued use of said lands thereunder for grazing purposes is prejudicial to the public interests; Now, therefore, I, Benjamin Harrison, President of the United States, do hereby proclaim and give notice: Grazing of cattle First. That no cattle or live stock shall hereafter be brought upon, Gidden on Cherokee said lands for herding or grazing thereon; strip. Second. That all cattle and other live stock now on said Outlet Cattle to be removed must be removed therefrom not later than October 1, 1890, and so before October 1, 1890. much sooner as said lands or any of them may be or become lawfully open to settlement by citizens of the United States; and that all persons connected with said cattle companies or associations must, not later than the time above indicated, depart from said lands. 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 seventeenth day of February, in the year of our Lord one thousand eight hundred and [SEAL.] ninety, and of the Independence of the United States of America, the one hundred and fourteenth. BENJ. HARRISON By the President: JAMES G. BLAINE, March 15, 1890. R.S., sec. 1956, p. 343. [No. 11.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. The following provisions of the laws of the United States are hereby published for the information of all concerned. Section 1956, Revised Statutes, Chapter 3, Title 23, enacts that: "No person shall kill any otter, mink, marten, sable, or fur seal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof, shall, for each offence, be fined not less than two hundred nor more than one thousand Dollars, or imprisoned not more than six months, or both, and all vessels, their tackle, apparel, furniture and cargo, found engaged in violation of this Section shall be forfeited, but the Secretary of the Treasury shall have power to authorize the killing of any such Fur bearing animals, mink, marten, sable, or other fur-bearing animal, except fur seals, under such regulations as he may prescribe, and it shall be the duty of the Secretary to prevent the killing of any fur seal, and to provide for the execution of the provisions of this section until it is otherwise provided by law, nor shall he grant any special privileges under this Section." Alaska. Vol. 25, p. 1009. Laws prohibiting killing fur-bearing an Section 3 of the act entitled "An Act to provide for the protection of the salmon fisheries of Alaska approved March 2, 1889, provides that: 66 Section 3. That Section 1956 of the Revised Statutes of the imals in Alaska de- United States is hereby declared to include and apply to all the clared to include dominion of the United States in the waters of Behring Sea, and it in dominion of the shall be the duty of the President at a timely season in each year to waters of Behring Sea United States. issue his proclamation, and cause the same to be published for one month at least in one newspaper (if any such there be) published at each United States port of entry on the Pacific coast, warning all persons against entering such waters for the purpose of violating the provisions of said section, and he shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all persons and seize all vessels found to be or to have been engaged in any violation of the laws of the United States therein." Persons warned Now, therefore, I, Benjamin Harrison, President of the United against entering Behring Sea intending to States, pursuant to the above recited statutes, hereby warn all persons against entering the waters of Behring Sea within the dominion of the United States, for the purpose of violating the provisions of said section 1956, Revised Statutes; and I hereby proclaim, that all persons found to be, or have been engaged in any violation of the laws of the United States, in said waters, will be arrested and punished as above provided and that all vessels so employed, their tackle, apparel, furniture, and cargoes will be seized and forfeited. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. violate laws. Done at the City of Washington, this fifteenth day of March one thousand eight hundred and ninety, and of the Indepen[SEAL.] dence of the United States the one hundred and fourteenth. By the President: BENJ. HARRISON JAMES G. BLAINE, [No. 12.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. October 23, 1890. Preamble. Whereas, it is provided in the Act of Congress, entitled "An act to extend the Northern boundary of the State of Nebraska," approved March twenty-eighth, eighteen hundred and eighty-two, "That the northern boundary of the State of Nebraska shall be, and hereby is, subject to the provisions hereinafter contained, extended so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north latitude and east of the Keyapaha River and west of the main channel of the Missouri River; and when the Indian title to the lands thus described shall be extinguished, the jurisdiction over said lands shall be, and hereby is, ceded to the State of Nebraska, and subject to all the conditions and limitations provided in the act of Congress admitting Nebraska into the Union, and the northern boundary of the State shall be extended to said forty-third parallel as fully and effectually as if said lands had been included in the boundaries of said State at the time of its admission to the Union; reserving to the United States the original right of soil in said lands and of disposing of the same: Provided, That this act, so far as jurisdiction is concerned, shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished, nor shall it take effect until the State of Nebraska shall have assented to the provisions of this act; and if the State of Nebraska shall not by an act of its legislature consent to the provisions of this act within two years next after the passage hereof, this act shall cease and be of no effect;" and Whereas, by section thirteen of the act entitled "An act to divide Vol. 2, p. 802. a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," approved March second, eighteen hundred and eighty-nine, it is provided that "When the allotments to the Ponca tribe of Indians and to such other Indians as allotments are provided for by this act shall have been made upon that portion of said reservation which is described in the act entitled 'An act to extend the northern boundary of the State of Nebraska,' approved March twenty-eighth, eighteen hundred and eighty-two, the President shall, in pursuance of said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder, and thereupon all of said land not 80 allotted and included in said act of March twenty-eighth, eighteen hundred and eighty-two, shall be open to settlement as provided in this act: Provided, That the allotments to Ponca and other Indians |