Proclamation 360 - Opening to Settlement Certain Lands Acquired from the Cherokee Nation of Indians, the Tonkawa Tribe of Indians, and the Pawnee Tribe of Indians
August 19, 1893

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, pursuant to section 10 of the act of Congress approved March 3, 1893, entitled "An act making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for fiscal year ending June 30, 1894," the Cherokee Nation of Indians, by a written agreement made on the 17th day of May, 1893, has ratified the agreement for the cession of certain lands hereinafter described, as amended by said act of March 3, 1893, and thereby ceded, conveyed, transferred, relinquished, and surrendered all its title, claim, and interest of every kind and character in and to that part of the Indian Territory bounded on the west by the one hundredth degree (100 degree) of west longitude, on the north by the State of Kansas, on the east by the ninety-sixth degree (96 degree) of west longitude, and on the south by the Creek Nation, the Territory of Oklahoma, and the Cheyenne and Arapahoe Reservation created or defined by Executive order dated August 10, 1869: _Provided_, That any citizen of the Cherokee Nation who prior to the 1st day of November, 1891, was a _bona fide_ resident upon and, further, had, as a farmer and for farming purposes, made permanent and valuable improvements upon any part of the land so ceded, and who has not disposed of the same, but desires to occupy the particular lands so improved as a homestead and for farming purposes, shall have the right to select one-eighth of a section of land, to conform, however, to the United States surveys; such selection to embrace, as far as the above limitation will admit, such improvements; the wife and children of any such citizen shall have the same right of selection that is above given to the citizen, and they shall have the preference in making selections to take any lands improved by the husband and father that he can not take until all of his improved land shall be taken; and that any citizen of the Cherokee Nation not a resident within the land so ceded who prior to the 1st day of November, 1891, had for farming purposes made valuable and permanent improvements upon any of the land so ceded shall have the right to select one-eighth of a section of land, to conform to the United States surveys; such selection to embrace, as far as the above limitation will admit, such improvements; but the allotments so provided for shall not exceed seventy (70) in number and the land allotted shall not exceed five thousand and six hundred (5,600) acres; and such allotments shall be made and confirmed under such rules and regulations as shall be prescribed by the Secretary of the Interior, and when so made and confirmed shall be conveyed to the allottees respectively by the United States in fee simple; and from the price to be paid to the Cherokee Nation for the cession so made there shall be deducted the sum of one dollar and forty cents ($1.40) for each acre so taken in allotment:
_And provided_, That D.W. Bushyhead having made permanent or valuable improvements prior to the 1st day of November, 1891, on the lands so ceded, he may select a quarter section of the lands ceded, whether reserved or otherwise, prior to the opening of said lands to public settlement, but he shall be required to pay for such selection at the same rate per acre as other settlers, into the Treasury of the United States, in such manner as the Secretary of the Interior shall direct; and

Whereas it is provided in section 10 of the aforesaid act of Congress approved March 3, 1893, that—
Said lands, except the portion to be allotted as provided in said agreement, shall, upon the payment of the sum of $295,736, herein appropriated, to be immediately paid, become and be taken to be and treated as a part of the public domain; but in any opening of the same to settlement sections 16 and 36 in each township, whether surveyed or unsurveyed, shall be, and are hereby, reserved for the use and benefit of the public schools to be established within the limits of such lands, under such conditions and regulations as may be hereafter enacted by Congress. * * *

Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, and the east half of sections 17, 20, and 29, all in township No. 29 north of range No. 2 east of the Indian meridian, the same being lands reserved by Executive order dated July 12, 1884, for use of and in connection with the Chilocco Indian Industrial School, in the Indian Territory, shall not be subject to public settlement, but shall until the further action of Congress continue to be reserved for the purposes for which they were set apart in the said Executive order; and the President of the United States, in any order or proclamation which he shall make for the opening of the lands for settlement, may make such other reservations of lands for public purposes as he may deem wise and desirable.

The President of the United States is hereby authorized, at any time within six months after the approval of this act and the acceptance of the same by the Cherokee Nation as herein provided, by proclamation, to open to settlement any or all of the lands not allotted or reserved in the manner provided in section 13 of the act of Congress approved March 2, 1889, entitled "An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1890, and for other purposes" (25 U.S. Statutes at Large, p. 1005); and also subject to the provisions of the act of Congress approved May 2, 1890, entitled "An act to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States court in the Indian Territory, and for other purposes;" also subject to the second proviso of section 17, the whole of section 18, of the act of March 3, 1891, entitled "An act making appropriations for the current expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1892, and for other purposes;" except as to so much of said acts and sections as may conflict with the provisions of this act. Each settler on the lands so to be opened to settlement as aforesaid shall before receiving a patent for his homestead pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of $2.50 per acre for any land east of 97-1/2 deg. west longitude, the sum of $1.50 per acre for any land between 97-1/2 deg. west longitude and 98-1/2 deg. west longitude, and the sum of $1 per acre for any land west of 98-1/2 deg. west longitude, and shall also pay interest upon the amount so to be paid for said land from the date of entry to the date of final payment therefor at the rate of 4 per cent per annum.

No person shall be permitted to occupy or enter upon any of the lands herein referred to except in the manner prescribed by the proclamation of the President opening the same to settlement, and any person otherwise occupying or entering upon any of said lands shall forfeit all right to acquire any of said lands. The Secretary of the Interior shall, under the direction of the President, prescribe rules and regulations, not inconsistent with this act, for the occupation and settlement of said lands, to be incorporated in the proclamation of the President, which shall be issued at least twenty days before the time fixed for the opening of said lands.
And whereas by a written agreement made on the 21st day of October, 1891, the Tonkawa tribe of Indians, in the Territory of Oklahoma, ceded, conveyed, and forever relinquished to the United States all their right, title, claim, and interest of every kind and character in and to the lands particularly described in Article I of the agreement: _Provided_, That the allotments of land to said Tonkawa tribe of Indians theretofore made or to be made under said agreement and the provisions of the general allotment act approved February 8, 1887, and an act amendatory thereof, approved February 28, 1891, shall be confirmed: _And provided_, That in all cases where the allottee has died since land has been set off and scheduled to such person the law of descent and partition in force in Oklahoma Territory shall apply thereto, any existing law to the contrary notwithstanding; and

Whereas by a certain other agreement with the Pawnee tribe of Indians, in said Territory, made on the 23d day of November, 1892, said tribe ceded, conveyed, released, relinquished, and surrendered to the United States all its title, claim, and interest of every kind and character in and to the lands particularly described in Article I of the agreement: _Provided_, That the allotments made or to be made to said Indians in the manner and subject to the conditions contained in said agreement shall be confirmed; and

Whereas it is provided in section 13 of the act of Congress accepting, ratifying, and confirming said agreements with the Tonkawa Indians and the Pawnee Indians, specified in sections 11 and 12 of the same act, approved March 3, 1893, entitled "An act making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for fiscal year ending June 30, 1894"—
That the lands acquired by the agreements specified in the two preceding sections are hereby declared to be a part of the public domain. Sections 16 and 36 in each township, whether surveyed or unsurveyed, are hereby reserved from settlement for the use and benefit of public schools, as provided in section 10 relating to lands acquired from the Cherokee Nation of Indians; and the lands so acquired by the agreements specified in the two preceding sections not so reserved shall be opened to settlement by proclamation of the President at the same time and in the manner and subject to the same conditions and regulations provided in section 10 relating to the opening of the lands acquired from the Cherokee Nation of Indians; and each settler on the lands so to be opened as aforesaid shall before receiving a patent for his homestead pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of $2.50 per acre, and shall also pay interest upon the amount so to be paid for said land from the date of entry to the date of final payment at the rate of 4 per cent per annum.
And whereas the thirteenth section of the act approved March 2, 1889, the act approved May 2, 1890, and the second proviso of section 17 and the whole of section 18 of the act approved March 3, 1891, are referred to in the tenth section of the act approved March 3, 1893, and thereby made applicable in the disposal of the lands in the Cherokee Outlet hereinbefore mentioned, the provisions of which acts, so far as they affect the opening to settlement and the disposal of said lands, are more particularly set forth hereinafter in connection with the rules and regulations prescribed by the Secretary of the Interior for the occupation and settlement of the lands hereby opened according to said tenth section; and

Whereas the lands acquired by the three several agreements hereinbefore mentioned have been divided into counties by the Secretary of the Interior, as required by said last-mentioned act of Congress before the same shall be opened to settlement, and lands have been reserved for county-seat purposes, to be entered under sections 2387 and 2388 of the Revised Statutes of the United States, as therein required, as follows, to wit:

For County K, the southeast quarter of section 23 and the northeast quarter of section 26, township 28 north, range 2 east of the Indian meridian, excepting 4 acres reserved for the site of a court-house, to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservation to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890.

For County L, the southwest quarter of section 1 and the southeast quarter of section 2, township 25 north, range 6 west of the Indian meridian, excepting 4 acres reserved for the site of a court-house, to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservation to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890.

For County M, the south half of the northeast quarter and the north half of the southeast quarter of section 23 and the south half of the northwest quarter and the north half of the southwest quarter of section 24, township 27 north, range 14 west of the Indian meridian, excepting 1 acre reserved for Government use for the site of a land office and 4 acres to be reserved for the site of a court-house, which tracts are to be contiguous and to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservations to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890.

For County N, the south half of section 25, township 23 north, range 21 west of the Indian meridian, excepting 1 acre reserved for Government use for the site of a land office and 4 acres to be reserved for the site of a court-house, which tracts are to be contiguous and to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservations to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890.

For County O, the southeast quarter of section 7 and the southwest quarter of section 8, township 22 north, range 6 west of the Indian meridian, excepting 1 acre reserved for Government use for the site of a land office and 4 acres to be reserved for the site of a court-house, which tracts are to be contiguous and to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservations to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890.

For County P, the northeast quarter of section 22 and the northwest quarter of section 23, township 21 north, range 1 west of the Indian meridian, excepting 1 acre reserved for Government use for the site of a land office and 4 acres reserved for the site of a court-house, which tracts are to be contiguous and to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservations to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890; and

For County Q, the southeast quarter of section 31, the west half of the southwest quarter of section 32, township 22 north, range 5 east, lot 4 of section 5, and lot 1 of section 6, township 21 north, range 5 east of the Indian meridian, excepting 4 acres reserved for the site of a court-house, to be designated by lot and block upon the official plat of survey of said reservation for county-seat purposes hereafter to be issued by the Commissioner of the General Land Office; said reservation to be additional to the reservations for parks, schools, and other public purposes required to be made by section 22 of the act of May 2, 1890.

Whereas it is provided by act of Congress for temporary government of Oklahoma, approved May 2, 1890, section 23 (26 U.S. Statutes at Large, p. 92), that there shall be reserved public highways 4 rods wide between each section of land in said Territory, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amount to be paid for each quarter section of land by reason of such reservation; and

Whereas all the terms, conditions, and considerations required by said agreements made with said nation and tribes of Indians and by the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned and by other the laws of the United States and by said several agreements, do hereby declare and make known that all the lands acquired from the Cherokee Nation of Indians, the Tonkawa tribe of Indians, and the Pawnee tribe of Indians by the three several agreements aforesaid will at the hour of 12 o'clock noon (central standard time) on Saturday, the 16th day of the month of September, A.D. 1893, and not before, be opened to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreements, the statutes above specified, the laws of the United States applicable thereto, and the conditions prescribed by this proclamation, saving and excepting lands described and identified as follows, to wit: The lands set apart for the Osage and Kansas Indians, being a tract of country bounded on the north by the State of Kansas, on the east by the ninety-sixth degree of west longitude, on the south and west by the Creek country and the main channel of the Arkansas River; the lands set apart for the Confederated Otoe and Missouria tribes of Indians, described as follows, to wit: Township 22 north, range 1 east; township 23 north, range 1 east; township 22 north, range 2 east; township 23 north, range 2 east; township 22 north, range 3 east; and that portion of township 23 north, range 3 east, lying west of the Arkansas River; and the lands set apart for the Ponca tribe of Indians, described as follows, to wit: Township 24 north, range 1 east; township 25 north, range 1 east; fractional township 24 north, range 2 east; fractional township 25 north, range 2 east; fractional township 24 north, range 3 east; fractional township 25 north, range 3 east; fractional township 24 north, range 4 east; fractional township 25 north, range 4 east, the said fractional townships lying on the right bank of the Arkansas River; excepting also the lands allotted to the Indians as in said agreements provided; excepting also the lands reserved by Executive orders dated April 18, 1882, and January 17, 1883 (known as Camp Supply Military Reservation), described as follows, to wit: Township 24 north, range 22 west; the south half of township 25 north, range 22 west; and the southwest quarter of township 25 north, range 21 west; excepting also 1 acre of land in each of the reservations for county-seat purposes in Counties M, N, O, and P, which tracts are hereby reserved for Government use as sites for land offices, and 4 acres in each reservation for county-seat purposes hereinbefore named, which tracts are hereby reserved as sites for court-houses; and excepting also the reservations for the use of and in connection with the Chilocco Indian Industrial School and for county-seat purposes hereinbefore described; excepting also the saline lands covered by three leases made by the Cherokee Nation prior to March 3, 1893, known as the Eastern, Middle, and Western Saline reserves, under authority of the act of Congress of August 7, 1882 (22 U.S. Statutes at Large, p. 349), said lands being described and identified as follows: The Eastern Saline Reserve embracing all of section 6; lots 3 and 4 of section 4; the south half of the northeast quarter, the south half of the northwest quarter, the north half of the southwest quarter, and lots 1, 2, 3, and 4 of section 5; and the northeast quarter of the northwest quarter and lots 1 and 2 of section 7, township 25 north, range 9 west. All of sections 6, 7, 8, 17, 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, and 33; the southwest quarter, the southwest quarter of the northwest quarter, and lots 2, 3, 4, 5, 6, and 7 of section 5; the southwest quarter, the southwest quarter of the northwest quarter, the southwest quarter of the southeast quarter, and lot 1 of section 9; the west half of the southwest quarter of section 15; the west half, the southeast quarter, the west half of the northeast quarter, and the southeast quarter of the northeast quarter of section 16; the west half, the west half of the southeast quarter, and the southeast quarter of the southeast quarter of section 22; the west half, the west half of the southeast quarter, the northeast quarter of the southeast quarter, and the southwest quarter of the northeast quarter of section 26; the northwest quarter, the north half of the southwest quarter, the west half of the northeast quarter, and the northeast quarter of the northeast quarter of section 34; and the northwest quarter of the northwest quarter of section 35, township 26 north, range 9 west. All of section 31; the southwest quarter of the southeast quarter, the southeast quarter of the southwest quarter, and lot 4 of section 30; and lots 3 and 4 of section 32, township 27 north, range 9 west. All of sections 1, 2, 3, 4, 9, 10, and 11; the southeast quarter, the south half of the northeast quarter, the east half of the southwest quarter, the southeast quarter of the northwest quarter, and lots 1, 2, and 3 of section 5; the east half, the southwest quarter, and the east half of the northwest quarter of section 8; the north half, the north half of the southwest quarter, the southwest quarter of the southwest quarter, and the northwest quarter of the southeast quarter of section 12; the northwest quarter, the northwest quarter of the northeast quarter, the north half of the southwest quarter, and the southwest quarter of the southwest quarter of section 14; the north half, the southeast quarter and the north half of the southwest quarter of section 15; and the northeast quarter and the north half of the northwest quarter of section 16, township 25 north, range 10 west. All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36; the south half of the northeast quarter, the southeast quarter of the northwest quarter, the southeast quarter, the east half of the southwest quarter, and lots 1, 2, and 3 of section 4; the east half, the southwest quarter, the east half of the northwest quarter, and the southwest quarter of the northwest quarter of section 9; the southeast quarter of the southeast quarter of section 17; the east half of the northeast quarter and the east half of the southeast quarter of section 20; the southeast quarter and the east half of the northeast quarter of section 29; and the east half and the southeast quarter of the southwest quarter of section 32 of township 26 north, range 10 west. All of sections 22, 26, 27, 34, 35, and 36; the east half of the northeast quarter and the east half of the southeast quarter of section 21; the southwest quarter, the west half of the southeast quarter, the south half of the northwest quarter, and lots 1 and 6 of section 23; the southwest quarter, the west half of the southeast quarter, the southeast quarter of the southeast quarter, the south half of the northwest quarter, and lot 1 of section 25; the east half of section 28; and the east half and the southeast quarter of the southwest quarter of section 33, township 27 north, range 10 west. The Middle Saline Reserve embracing the southwest quarter of the northeast quarter, the southeast quarter of the northwest quarter, the west half of the southeast quarter, the east half of the southwest quarter, and lots 2, 3, 4, 5, 6, and 7 of section 6; and the northwest quarter of the northeast quarter, the northeast quarter of the northwest quarter, and lot 1 of section 7, township 26 north, range 18 west. The southwest quarter of the southeast quarter, the southeast quarter of the southwest quarter, and lot 7 of section 6; the west half of the northeast quarter, the east half of the northwest quarter, the west half of the southeast quarter, the east half of the southwest quarter, and lots 1, 2, 3, and 4 of section 7; the west half of the northeast quarter, the east half of the northwest quarter, the west half of the southeast quarter, the east half of the southwest quarter, and lots 1, 2, 3, and 4 of section 18; the west half of the northeast quarter, the east half of the northwest quarter, the west half of the southeast quarter, the east half of the southwest quarter, and lots 1, 2, 3, and 4 of section 19; the northwest quarter of the northeast quarter, the northeast quarter of the northwest quarter, and lots 1, 2, 3, 4, 6, 7, and 8 of section 30; and the west half of the northeast quarter, the east half of the northwest quarter, the west half of the southeast quarter, the east half of the southwest quarter, and lots 1, 2, 3, and 4 of section 31, township 27 north, range 18 west. All of sections 1 to 6, inclusive; the north half of the north half of sections 8, 9, 10, 11, and 12; and the north half of the northeast quarter, the northeast quarter of the northwest quarter, and lot 1 of section 7, township 26 north, range 19 west. All of sections 7 to 36, inclusive; the south half of the south half of sections 1, 2, 3, 4, and 5, and the south half of the southeast quarter, the southeast of the southwest quarter, and lot 7 of section 6, township 27 north, range 19 west. All of sections 1 and 2; the south half of the northeast quarter, the southeast quarter, and lots 1 and 2 of section 3; the north half of the northeast quarter of section 10; and the north half of the north half of sections 11 and 12, township 26 north, range 20 west. All of sections 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36; the south half of the southeast quarter and lot 7 of section 1; the southwest quarter of the southwest quarter and lot 6 of section 2; the south half of the southeast quarter of section 3; and the east half of sections 10, 15, 22, 27, and 34, township 27 north, range 20 west. And the Western Saline Reserve embracing all of sections 18, 19, 30, and 31, township 29 north, range 20 west; and all of sections 13, 14, 23, 24, 25, 26, 35, and 36, township 29 north, range 21 west. Excepting also that section 13 in each township, which has not been otherwise reserved or disposed of, is hereby reserved for university, agricultural-college, and normal-school purposes, subject to the action of Congress; excepting also that section 33 in each township, which has not been otherwise reserved or disposed of, is hereby reserved for public buildings; excepting also sections 16 and 36 in each township, which are reserved by law for the use and benefit of the public schools; excepting also all selections and allotments made under the law and the agreements herein referred to, the lands covered by said selections and allotments to be particularly described and identified; said descriptions to be furnished by the Commissioner of the General Land Office and posted in the several booths hereinafter referred to as those where certain preliminary declarations are to be made prior to the day named in this proclamation as that when the strip will be open to settlement.

Said lands so to be opened as herein proclaimed shall be entered upon and occupied only in the manner and under the provisions following, to wit:

A strip of land 100 feet in width around and immediately within the outer boundaries of the entire tract of country to be opened to settlement under this proclamation is hereby temporarily set apart for the following purposes and uses, viz:

Said strip, the inner boundary of which shall be 100 feet from the exterior boundary of the country known as the Cherokee Outlet, shall be open to occupancy in advance of the day and hour named for the opening of said country by persons expecting and intending to make settlement pursuant to this proclamation. Such occupancy shall not be regarded as trespass or in violation of this proclamation or of the law under which it is made, nor shall any settlement rights be gained thereby.

The Commissioner of the General Land Office shall, under the direction of the Secretary of the Interior, establish on said 100-foot strip booths, to be located as follows: One in township 29 north, range 2 east; one in township 29 north, range 2 west; one in township 29 north, range 4 west; one in township 29 north, range 8 west; one in township 29 north, range 12 west; one in township 20 north, range 3 east; one in township 20 north, range 2 west; one in township 20 north, range 7 west; and one in township 20 north, range 26 west; and shall place in charge thereof three officers to each booth, who shall be detailed from the General Land Office. Said booths shall be open for the transaction of business on and after Monday, the 11th day of the month of September, A.D. 1893, from 7 a.m. to 12 m. and 1 p.m. to 6 p.m. each business day until the same shall be discontinued by the Secretary of the Interior, who is hereby authorized to discontinue the same at his discretion. Each party desiring to enter upon and occupy as a homestead any of the lands hereby opened to settlement will be required to first appear at one of the before-mentioned booths and make a declaration in writing, to be signed by the party in the presence of one of the officers in charge thereof, which shall be certified by such officer, according to the form hereto attached and made a part hereof marked A, showing his or her qualifications to make homestead entry for said lands, whereupon a certificate will be issued by the officers in charge of the booth to the party making the declaration, which shall be of the form hereto attached and made a part hereof marked D.

Where a party desires to file a soldier's declaratory statement in person, he will be required to make a declaration which shall be of the form hereto attached and made a part hereof marked B, the same to be made and subscribed before one of the officers in charge of the booth and certified by such officer, independently of the affidavit (Form 4-546) to be filed when he presents the certificate of Form D, there given him, to the district officers. Where a party desires to file a declaratory statement through an agent, it will be necessary for him previously to make the affidavit ordinarily required (Form 4-545) before some officer authorized to administer oaths and place the same in the hands of the agent, who, before being permitted to enter upon the lands to be opened in said outlet for the purpose of making the desired filing, will be required to appear before the officers in charge of some one of the booths, to present the said affidavit of the party authorizing him to act as such agent, and to make a declaration in writing, to be subscribed by him in the presence of one of such officers, which shall be certified by such officer, according to the form hereto attached and made a part hereof marked C, whereupon a certificate of Form D will be given him by said officer. The agent should be provided with affidavits of Form 4-545 made in duplicate--one for presentation to the officers in charge of the booth and the other for presentation to the district officers when formal filing is to be made.

Each party desiring to enter upon said lands for the purpose of settling upon a town lot will be required to first appear at one of the before-mentioned booths and make a declaration in writing, to be signed by the party in the presence of one of the officers in charge thereof, which shall be certified by such officer, according to the form hereto attached and made a part hereof marked E, whereupon a certificate will be issued by the officers in charge of the booth to the party making the declaration, which shall be of the form hereto attached and made a part hereof marked F.

The said declarations made before the officers in charge shall be given consecutive numbers, beginning at No. 1 at each booth, and the certificate issued to the party making the declaration shall be given the same number as is given the declaration. The declaration shall be carefully preserved by the officers in charge of the booths, and when the booths are discontinued said declarations shall be transmitted, together with the duplicate affidavits (Form 4-545) hereinbefore required to be presented in case of agents proposing to act for soldiers in filing declaratory statements, to the General Land Office for filing as a part of the records pertaining to the disposal of said lands.

The certificate will be evidence only that the party named therein is permitted to go in upon the lands opened to settlement by this proclamation at the time specified herein, and the certificate of Form D must be surrendered when application to enter or file is presented to the district officers, and the party's right to make a filing, homestead entry, or settlement shall be passed upon by the district land officers at the proper time and in the usual manner. The holder of such certificate will be required when he makes his homestead affidavit, or, if a soldier or soldier's agent, when he files a declaratory statement at the district office, to allege under oath before the officers taking such homestead affidavit or to whom said declaratory statement is presented for filing that all the statements contained in the declaration made by him, upon which said certificate is based, are true in every particular, such oath to be added to affidavit of Form 4-102, as shown on form hereto attached and made a part hereof marked 102_d_.

After the hour and day hereinbefore named when said lands will be opened to settlement all parties holding such certificates (Form D or F) will be permitted to occupy or enter upon the lands so opened, and parties holding a certificate of Form D may initiate a homestead claim, either by settlement upon the land or by entry or filing at the proper district office; but no person not holding any such certificate shall be permitted to occupy or enter upon any of said lands until after the booths shall have been discontinued by direction of the Secretary of the Interior. Until then the officers of the United States are expressly charged to permit no party without a certificate to occupy or enter upon any of said lands.

The following rules and regulations have been prescribed by the Secretary of the Interior, under the direction of the President, as provided by section 10 of said act of March 3, 1893, for the occupation and settlement of the lands hereby opened, to wit:

The thirteenth section of the act approved March 2, 1889, the act approved May 2, 1890, the second proviso of section 17 and the whole of section 18 of the act approved March 3, 1891, are by section 10 of the act of March 3, 1893, made applicable in disposing of the lands under said section 10, and said lands are thereby rendered subject to disposal under the homestead and town-site laws only, with certain modifications, which laws as so modified contain provisions substantially as follows:

1. Any party will be entitled to initiate a homestead claim to a tract of said lands who is over 21 years of age or the head of a family; who is a citizen of the United States or has declared his intention to become such; who has not exhausted his homestead right either by perfecting a homestead entry for 160 acres of land under any law, excepting what is known as the commuted provision of the homestead law contained in section 2301 of the United States Revised Statutes, or by making or commuting a homestead entry since March 2, 1889; who has not entered since August 30, 1890, under the land laws of the United States or filed upon a quantity of land agricultural in character and not mineral which with the tracts sought to be entered in any case would make more than 320 acres; who is not the owner in fee simple of 160 acres of land in any State or Territory, and who has not entered upon or occupied the lands hereby opened in violation of this the President's proclamation opening the same to settlement and entry. (See section 2289, U.S. Revised Statutes; act of March 2, 1889, 25 U.S. Statutes at Large, p. 854; section 13 of the act of March 2, 1889, 25 U.S. Statutes at Large, p. 1005; act of August 30, 1890, 26 U.S. Statutes at Large, p. 391; section 20, act of May 2, 1890, 26 U.S. Statutes at Large, p. 91, and section 10, act of March 3, 1893, 27 U.S. Statutes at Large, p. 640.)

2. Each entry shall be in a compact body, according to the rectangular subdivisions of the public surveys, and in a square form, as nearly as reasonably practicable consistently with such surveys; and no person shall be permitted to enter more than one quarter section in quantity of said lands. (See section 13, act of March 2, 1889, 25 U.S. Statutes at Large, p. 1005.)

3. Parties who own and reside upon land (not acquired by them under the homestead law) not amounting in quantity to a quarter section may, if otherwise qualified, enter other land lying contiguous to their own to an amount which shall not with the land already owned by them exceed in the aggregate 160 acres. (See section 2289, U.S. Revised Statutes.)

4. Any party who has made a homestead entry prior to March 2, 1889, for less than one quarter section of land and who still owns and occupies the land so entered may, if otherwise qualified, enter an additional tract of land lying contiguous to the land embraced in the original entry, which shall not with the land first entered exceed in the aggregate 160 acres; but such additional entry will not be permitted, or if permitted will be canceled, if the original entry should fail for any reason prior to patent or should appear to be illegal or fraudulent. The final proof of residence and cultivation made on the original entry, together with the payment of the prescribed price for the land, will be sufficient to entitle the party to a final certificate for the land so entered without further proof. (See section 5 of the act of March 2, 1889, 25 U.S. Statutes at Large, p. 854.)

5. Parties who have complied with the conditions of the law with regard to a homestead entry for less than 160 acres of land made prior to March 2, 1889, and have had the final papers issued therefor, may, if otherwise qualified, make an additional entry, by legal subdivisions, of so much land as added to the quantity previously so entered shall not exceed 160 acres. Parties making entry under the provisions set forth in this paragraph will be required to reside upon and cultivate the land embraced therein for the prescribed period and to submit proof of residence and cultivation of a like character with that required in ordinary homestead entries before the issuance of a final certificate. (See section 6, act of March 2, 1889, 25 U.S. Statutes at Large, p. 854.)

6. Any officer, soldier, seaman, or marine who served for not less than ninety days in the Army or Navy of the United States during the War of the Rebellion and who was honorably discharged and has remained loyal to the Government, or, in case of his death, his widow, or, in case of her death or remarriage, his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, may, either in person or by agent, file a declaratory statement for a tract of land and have six months thereafter within which to make actual entry and commence residence and improvements upon the land. (See sections 2304, 2307, and 2309, U.S. Revised Statutes.)

7. Every person entitled under the preceding paragraph to enter a homestead who, or whose deceased husband or father, in case of the widow or minor children, may have prior to June 22, 1874, entered under the homestead laws a quantity of land less than 160 acres may, if otherwise qualified, enter so much land as when added to the quantity previously entered shall not exceed 160 acres; but the party must make affidavit that the entry is made for actual settlement and cultivation, and the proof of such settlement and cultivation prescribed by existing homestead laws and regulations thereunder will be required to be produced before the issue of final certificate. (See section 2306, U.S. Revised Statutes, and section 18 of the act of May 2, 1890, 26 U.S. Statutes at Large, p. 90.)

8. Parties may initiate claims under the homestead law either by settlement on the land or by entry at the district office. In the former case the party will have three months after settlement within which to file his application for the tract at the district office; in the latter case the party will have six months after entry at that office within which to establish residence and begin improvements upon the land. (See sections 2290 and 2297, U.S. Revised Statutes, and section 3 of the act of May 14, 1880, 21 U.S. Statutes at Large, p. 140.)

9. The homestead affidavits required to be filed with the application must be executed before the register or receiver of the proper district land office (see section 2290, U.S. Revised Statutes) or before any other officer who may be found duly qualified at the time to administer such oaths, according to the provisions of the act of Congress of May 26, 1890 (26 U.S. Statutes at Large, p. 121).

10. Parties applying to make homestead entry will be required to tender with the application the legal fee and commissions, which are as follows: For an entry of over 80 acres a fee of $10, and for an entry of 80 acres or less a fee of $5, and in both cases, in addition, commissions of 2 per cent upon the Government price of the land, computed at the rate of $1.25 per acre, the ordinary minimum price of public lands under the general provisions of section 2357, United States Revised Statutes. (See sections 2238 and 2290, U.S. Revised Statutes.)

11. Homestead applicants appearing in great number at the local office to make entry at the time of opening will be required to form in line, in order that their applications may be presented and acted upon in regular order.

12. Soldiers' declaratory statements can only be made by the parties entitled or by their agents in person, and will not be received if sent by mail. A party acting as agent and appearing in line, as contemplated under the eleventh paragraph, will be allowed to make one entry or filing in his individual character, if he so desires, and to file one declaratory statement in his representative character as agent, if such he shall be, and thereupon he will be required to step out of line, giving place to the next person in order, and, if he desires to make any other filings, to take his place at the end of the line and await his proper turn before doing so, and thus to proceed in order until all the filings desired by him shall be made.

13. Section 2301 of the Revised Statutes of the United States, providing for commutation of homestead entries, is not applicable to said lands. (See section 18 of the act of May 2, 1890, 26 U.S. Statutes at Large, p. 90.)

14. Proof of five years' residence, cultivation, and improvement and the payment prescribed by the statute, as hereinbefore mentioned, must be made before a party will be entitled to a patent under the homestead law, and such proof is required to be made within seven years from the date of the entry. Commissions equal to 2 per cent upon the Government price for the land, computed at $1.25 per acre, under section 2357, United States Revised Statutes, must also be tendered with the final proof. Interest at 4 per cent per annum on the purchase price of the land must be paid from the date of the entry to date of final payment of purchase money. (See sections 2238 and 2291, U.S. Revised Statutes, and sections 10 and 13 of the act of March 3, 1893, 27 U.S. Statutes at Large, p. 640.)

15. The parties named in paragraph 6 of these regulations are entitled to have the term of service in the Army or Navy under which the claim is made, not exceeding four years, deducted from the period of five years' residence or cultivation required as stated in the preceding paragraph, or, if the party was discharged from service on account of wounds or disabilities incurred in the line of duty, the whole term of enlistment, not exceeding four years, may be deducted. (See section 2305, U.S. Revised Statutes.)

16. Where a homestead settler dies before the consummation of his claim, the widow, or, in case of her death, the heirs or devisee, may continue settlement or cultivation and obtain title upon requisite proof at the proper time. If the widow proves up, title will pass to her; if she dies before proving up and the heirs or devisee make the proof, the title will vest in them, respectively. (See section 2291, U.S. Revised Statutes.)

17. Where both parents die, leaving infant children, the homestead may be sold for cash for the benefit of such children, and the purchaser will receive title from the United States. (See section 2292, U.S. Revised Statutes.)

18. In case of the death of a person after having entered a homestead the failure of the widow, children, or devisee of the deceased to fulfill the demands of the letter of the law as to residence on the lands will not necessarily subject the entry to forfeiture on the ground of abandonment. If the land is cultivated in good faith, the law will be considered as having been substantially complied with.

19. Town-site claims maybe initiated upon said lands under the statutes by two methods, which are separate and distinct in character. The regulations under the first method are hereinafter set forth in paragraphs 20, 21, and 22, and under the second method in paragraphs 23 to 28, inclusive. Provision is further made for town-site entries in cases where lands entered under the homestead law are required for town-site purposes, as set forth in paragraph 30.

20. Parties having founded or who desire to found a city or town on the public lands must file with the recorder of the county in which land is situate a plat thereof, describing the exterior boundaries of the land according to the lines of public surveys. Such plat must state the name of the city or town, exhibit the streets, squares, blocks, lots, and alleys, and specify the size of the same, with measurements and area of each municipal subdivision the lots in which shall not exceed 4,200 square feet, with a statement of the extent and general character of the improvements. The plat and statement must be verified by the oath of the party, acting for and in behalf of the occupants and inhabitants of the town or city. Within one month after filing the plat with the recorder of the county a verified copy of said plat and statement must be sent to the General Land Office, accompanied by the testimony of two witnesses that such town or city has been established in good faith, and a similar map and statement must be filed with the register and receiver of the proper district office. Thereafter the President may cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of $10 for each lot; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum or at such reasonable increase or diminution thereafter as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. Any actual settler upon any lot and upon any additional lot upon which he may have substantial improvements shall be entitled to prove up and purchase the same as a preemption, at such minimum, at any time before the day fixed for the public sale. (See section 2382, U.S. Revised Statutes.)

21. In case the parties interested shall fail or refuse within twelve months after founding a city or town to file in the General Land Office a transcript map, with the statement and testimony, as required in paragraph 20, the Secretary of the Interior may cause a survey and plat to be made of said city or town, and thereafter the lots will be sold at an increase of 50 per cent on the minimum price of $10 per lot. (See section 2384, U.S. Revised Statutes.)

22. When lots vary in size from the limitation of 4,200 square feet and the lots, buildings, and improvements cover an area greater than 640 acres, such variance as to size of lots or excess in area will prove no bar to entry, but the price of the lots may be increased to such reasonable amount as the Secretary of the Interior may by rule establish. (See section 2385, U.S. Revised Statutes.)

23. Under the second method lands actually settled upon and occupied as a town site, and therefore not subject to entry under the homestead laws, may be entered as a town site at the proper district land office. (See section 2387, U.S. Revised Statutes.)

24. If the town is incorporated, the entry may be made by the corporate authorities thereof through the mayor or other principal officer duly authorized so to do. If the town is not incorporated, the entry may be made by the judge of the county court for the county in which said town is situated. In either case the entry must be made in trust for the use and benefit of the occupants thereof according to their respective interests. The execution of such trust as to the disposal of lots and the proceeds of sales is to be conducted under regulations prescribed by the territorial laws. Acts of trustees not in accordance with such regulations are void. (See sections 2387 and 2391, U.S. Revised Statutes.)

25. The officer authorized to enter a town site may make entry at once, or he may initiate an entry by filing a declaratory statement of the purpose of the inhabitants to make a town-site entry of the land described. The entry or declaratory statement shall include only such land as is actually occupied by the town and the title to which is in the United States, and its exterior limits must conform to the legal subdivisions of the public lands. (See sections 2388 and 2389, U.S. Revised Statutes.)

26. The amount of land that may be entered under this method is proportionate to the number of inhabitants. One hundred and less than 200 inhabitants may enter not to exceed 320 acres; 200 and less than 1,000 inhabitants may enter not to exceed 640 acres; and where the inhabitants number 1,000 and over an amount not to exceed 1,280 acres may be entered, and for each additional 1,000 inhabitants, not to exceed 5,000 in all, a further amount of 320 acres may be allowed. When the number of inhabitants of a town is less than 100, the town site shall be restricted to the land actually occupied for town purposes by legal subdivisions. (See section 2389, U.S. Revised Statutes.)

27. Where an entry is made of less than the maximum quantity of land allowed for town-site purposes, additional entries may be made of contiguous tracts occupied for town purposes which when added to the previous entry or entries will not exceed 2,560 acres; but no additional entry can be allowed which will make the total area exceed the area to which the town may be entitled by virtue of its population at date of additional entry. (See section 4 of the act of March 3, 1877, 19 U.S. Statutes at Large, p. 392.)

28. The land must be paid for at the Government price per acre, and proof must be furnished relating, first, to municipal occupation of the land; second, number of inhabitants; third, extent and value of town improvements; fourth, date when land was first used for town-site purposes; fifth, official character and authority of officer making entry; sixth, if an incorporated town, proof of incorporation, which should be a certified copy of the act of incorporation, and, seventh, that a majority of the occupants or owners of the lots within the town desire that such action be taken. Thirty days' publication of notice of intention to make proof must be made and proof of publication furnished. (See section 2387, U.S. Revised Statutes.)

29. All surveys for town sites on said lands shall contain reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than 10 nor more than 20 acres, and patents for such reservations, to be maintained for such purposes, will be issued to the towns respectively when organized as municipalities. (See section 22, act of May 2, 1890, 26 U.S. Statutes at Large, p. 92.)

30. In case any of said lands which may be entered under the homestead laws by a person who is entitled to perfect his title thereto under such laws are required for town-site purposes, the entryman may apply to the Secretary of the Interior to purchase the lands embraced in said homestead, or any part thereof not less than a legal subdivision, for town-site purposes. The party must file in the district office with his application a plat of the proposed town site and evidence of his qualifications to perfect title under the homestead law and of his compliance with all the requirements of the law and the instructions thereunder, and must deposit with the Secretary of the Interior the sum of $10 per acre for all the lands embraced in such town site, except the lands to be donated and maintained for public purposes as mentioned in the preceding paragraph. (See section 22, act of May 2, 1890, 26 U.S. Statutes at Large, p. 92.)

Notice, moreover, is hereby given that it is by law enacted that no person shall be permitted to occupy or enter upon any of the lands herein referred to except in the manner prescribed by this proclamation, and any person otherwise occupying or entering upon any of said lands shall forfeit all right to acquire any of said lands, and that the officers of the United States will be required to enforce this provision.

And further notice is hereby given that four land districts have been established in Oklahoma Territory, with boundaries as follows:

The Perry district, bounded and described as follows: Beginning at the middle of the main channel of the Arkansas River where the same is intersected by the northern boundary of Oklahoma Territory; thence west to the northwest corner of township 29 north, range 2 west of the Indian meridian; thence south on the range line between ranges 2 and 3 west to the southwest corner of lot 3 of section 31, township 20 north, range 2 west; thence east to the southeast corner of lot 4 of section 36, township 20 north, range 4 east; thence south on the range line between ranges 4 and 5 east to the middle of the main channel of the Cimarron River; thence down said river, in the middle of the main channel thereof, to the western boundary of the Creek country; thence north to the northwest corner of the Creek country; thence east on the northern boundary of said Creek country to the middle of the main channel of the Arkansas River; thence up said river, in the middle of the main channel thereof, to the place of beginning; the local land, office of which will be located at the town of Perry, in County P.

The Enid district, bounded and described as follows: Beginning at the northeast corner of township 29 north, range 3 west of the Indian meridian; thence west to the northwest corner of township 29 north, range 8 west; thence south on the range line between ranges 8 and 9 west to the southwest corner of lot 3 of section 31, township 20 north, range 8 west; thence east to the southeast corner of lot 4 of section 36, township 20 north, range 3 west; thence north on the range line between ranges 2 and 3 west to the place of beginning; the local land office of which will be located at the town of Enid, in County O.

The Alva district, bounded and described as follows: Beginning at the northeast corner of township 29 north, range 9 west of the Indian meridian; thence west to the northwest corner of township 29 north, range 16 west; thence south on the range line between ranges 16 and 17 west to the southwest corner of lot 3 of section 31, township 20 north, range 16 west; thence east to the southeast corner of lot 4 of section 36, township 20 north, range 9 west; thence north on the range line between ranges 8 and 9 west to the place of beginning; the local land office of which will be located at the town of Alva, in County M.

The Woodward land district, bounded and described as follows: Beginning at the northeast corner of township 29 north, range 17 west of the Indian meridian; thence west to the north west corner of township 29 north, range 26 west; thence south to the southwest corner of lot 3 of section 32, township 20 north, range 26 west; thence east to the southeast corner of lot 4 of section 36, township 20 north, range 17 west; thence north on the range line between ranges 16 and 17 west to the place of beginning; the local land office of which will be located at the town of Woodward, in County N.

And further notice is hereby given that the line of 97-1/2 deg. west longitude, named herein for the purpose of disposing of the land hereby opened to settlement, is held to fall on the west line of sections 2, 11, 14, 23, 26, and 35 of the townships in range 3 west of the Indian meridian, and the line of 98-1/2 deg. of west longitude is held to fall on the line running due north and south through the centers of sections 4, 9, 16, 21, 28, and 33 of the townships in range 12 west of the Indian meridian, and said lines have been so laid down upon the township plats on file in the General Land Office.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]


Done at the city of Washington, this 19th day of August, A.D. 1893, and of the Independence of the United States the one hundred and eighteenth.

GROVER CLEVELAND.

By the President:
W.Q. GRESHAM,
_Secretary of State_.
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