Page:United States Statutes at Large Volume 36 Part 1.djvu/470

 446- SIXTY-FIRST CONGRESS. Sess. II. Ch. 258. 1910. mI;j{“ °* •*'°* °' "No sale of lands for other than homestead purposes, except as here- ` in provided, and no exchange by which the Territory shall convey lands ` exceeding either forty acres in area or five thousand dollars in value m}·°““°§0$Q,“*f,§i$,?:,,'{‘g shall be made. No ease of agricultural lands exceeding forty acres laid? in area, or of pastoral or waste lands exceeding two hundred acres in Ap’”°v°1°fb°°rd` area, shall be made without the approval of two-thirds of the board of ublic lands which is hereby constituted, the members of wh1ch_are to be appointed by the governor as rovided in section eighty of this Act, and until the legislature shall otherwise provide said board shall consist of six members and its members be appointed for terms of four ,,·”{:""$ msmmce years: Provided, however, That the commissioner may, with the rms. approval of said board, sell for residence purposes lots and tracts, not m{·,;*t';gfe,{j_" P“”“° exceeding three acres in area, and that sa es of government lands may be made upon the approval of said board whenever necessary to locate thereon railroadp rights of way, railroad tracks, side tracks, depot grounds, pipe lines, irrigation ditches, pumping stations, reservoirs, factories and mills and a urtenances thereto, including houses for em loyees, mercantile estaliifishments, hotels, churches, an private schoolls, and all such sales shall be limited to the amount actually necessary for the economical conduct of such business or Approval by b¤¤~¤- undertaking: Provided further, That no exchange of government lands · shall hereafter be made without the approval of two-thirds of the members of said board, and no such exchange shall be made except _ to a%uire lands direct? for public uses. _ _ _ " henever twenty- ve or more persons, having the quahhcations uudemry. of homesteaders, who have not theretofore made application under this Act shall make written ap lication to the commissioner of public lands for the opening of agricultural lands for settlement in any locality or district, it shall be the duty of said commissioner to proceed expeditiously to surveiy and open for entry agricultural lands, whether unoccupied or under ease with the right of withdrawal, sufficient in area to provide homesteads for all such persons, together with all persons of like qualifications who shall have filed with such commissioner prior to the survey of such lands written applications for homesteads m the district designated in said applications. The lands to be so opened for settlement by said commissioner shall be either the specific tract or tracts applied for or other suitable and available agricultural lands in the same geographical district and, as far as possible, in the immediate locality_of and as nearly equal to that a plied for as g;·L";g· W lcned may be available: Promded, however, hat no leased land, under imag, cpltryatiolpélplpnll bitakeip for hoénesteading until any crops growing t ereon s ave een arveste . I ng;£;>g_,g;>¤‘ *¤<>¤¤¤· "It shall be the duty of the commissioner of public lands to cause ` to be surveyed and opened for homestead entry a reasonable amount of desirable agricultural lands and also of pastoral lands in various parts of the Territory for homestead purposes on or before January Erst, nineteen hundred and eleven, and he shall annuallv thereafter cause to be surveyed for homestead purposes such amonnt of agri. cultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualifications of Am- homesteaders; and in laying out any homestead the Commissioner of Public Lands shall include therein an amount, not exceeding eighty acres in area, sufficient to support thereon an ordinarv familv; expenses. and all necessary expenses for surveying and opening any such lands for homestead shall be aid for out of an ‘ funds of the territorial treasury derived from tlie sale or lease of) the public lands which funds are hereby made available for such purposes. y .:ti:3·ml·£·¤n md _"1§ othing herein contained shall be construed to prevent said com- °°“ mrssioner from surveying and opening for homestead purposes and as a single homestead entry public lands suitable for both ag;-j. cultural and pastoral purposes, whether such lands be situated in one