Page:United States Statutes at Large Volume 31.djvu/2000

 ISHS PROCLAMATIONS. No. 2. tions of New Mexico, and for other purposes, and to carry out the provisions of the treaty with said Indians June fifteenth, eighteen undred and eighty," the agreement made by the commissioners on the part of the United States with the Southern Ute Indians of Colorado bearing date November thirteenth, eighteen hundred and eighty- eight, was annulled and the treaty maria with said Indians June fifteenth, eighteen hundred and eighty, was directed to be carried out as therein provided and as further provided by general law for settling Indians in severalty; and WhB1`B&S, it was further provided by said act that within six months after the passage thereof, the Secretary of the Interior should cause allotment of land, in severalty, to be made to such of the Southern Ute Indians in Colorado, as might elect and be considered by him qualified to take the same out of the agricultural lands embraced in their present reservation in Colorado such allotments to be made in accordance with the provisions of the act of Congress approved June Vol. 21, p. 200. fifteenth, eighteen hundred and eighty, entitled "A.n act to accept and ratify the agreement submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State and for other purposes, and to inake the necessary appropriations for car-, rying ou.t the same," and the amendments thereto, as far as applicable, and the treaties theretofore made with said Indians; and- Whereas, it was further provided that for the sole and exclusive use of such of said Indians as might not elect or be deemed qualified to take allotments in severalty as provided, there should be set a art and reserved all that portion of their reservation lying west of the range line between ranges thirteen and fourteen west of the New Mexico Principal Meridian, and also all of townships thirty-one and thirty-two of ran es fourteen, fifteen, and sixteen west of the New Mexico Principal Nieridian and lying in the Territory of New Mexico, subject to the right of the Government to erect and maintain agency buildings thereon, and to grant rights of way through the same for railroads, irrigation ditches, highways and other necessary purposes; and V¤l· 21» 1*204- hereas, under the provisions of section four o sa1d act it was made the duty of the President of the United States to issue his proclamation declaring the lands within the reservation of said Indians except such portions as might have been allotted or reserved under the provisions of thepreceding sections of said act, open to occu ancy and settlement, said unallotted and unreserved lands to be and become a part of the public domain of the United States and to become subject to entry, under the desert, homestead, and townsite laws and the laws governing the disposal of coal, mineral, stone and timber lands, but providing that no homestead settler should receive a title to any portion .of such lands at less than one dollar and twenty-Eve cents per acre, and such Q settlers should be required to make a cash payment of fift cents per acre at the time Bling is made upon any of said lands; amirproviding that before said lands should be open to public settlement the Secretary of the Interior should cause the improvements belongin to the Indians on the lands then occu ied by them to be appraised ang sold at public sale to the highest bidder, except improvements on lands allotted to the Indians in accordance with this act; and providing that no sale of such improvements should be made for less than the appraised value and that the several purchasers of said improvements should, for thirty days after the issuance of the President’s proclamation have the preference right of entry of the lands upon which the improvements purchased by them should be situated, ut that the said purchase should not exceed one hundred and sixty acres and that the roceeds of such improvements should be paid to the Indians owning the same; and hereas, it is further providcd that the provisions of said act should take effect only upon the acceptance thereof and consent thereto by