Page:United States Statutes at Large Volume 28.djvu/1245

 PROCLAMATIONS. N0. 5. 1223 and the Cheyenne and Arapahoe Reservation created or defined by 0*******0 0*******- Executive order dated August tenth, eighteen hundred and sixty-nine: Provided, That any citizen of the Cherokee Nation, who, prior to the ‘ first day of November, eighteen hundred and ninety-one, 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, suchimprove— ments. 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 hisimproved land shall be taken ; and that any citizen of the Cherokee Nation not aresident within the land so ceded, who, prior to the first day of Novem- ‘ ber, eighteen hundred and ninety-one, had for farming purposes made ` valuable and permanent improvements upon any of the land so ceded, shall have the right to select oneeighth of a»section of land to conform i 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 first day of November, eighteen hundred and ninety-one, 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 Wl1erea·s, It is provided in section ten of the aforesaid act of Congress, approved March third, eighteen hundred and ninety-three: That " said lands, except the portion to he allotted as provided in said agreement, shall, upon the paymentof the snmoftwo hundred and ninety- five thousand seven hundred and thirty-six dollars, 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 sixteen and thirty six in each township, whether survey ed or unsurveyed, shall be, and aic 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 thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twentyseven, twenty- eight and the east half of sections seventeen, twenty and twentynine, all in township numbered'twenty-nine north, of range numbered two east of the Indian Meridian, the same being lands reserved by Executive order dated July twelfth, eighteen hundred and eighty-four, 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