the sums paid for mineral and town-site lands shall be, after deducting the expenses incurred from time to time in connection with the allotment, appraisement, and sales, and surveys, herein provided, deposited in the Treasury of the United States to the credit of the Colville and confederated tribes of Indians belonging and having tribal rights on the Colville Indian Reservation, in the State of Washington, and shall be expended for their benefit, under the direction of the Secretary of the Interior. *

A. INDIAN LANDS-COLVILLE RESERVATION.

1. REPORT OF COMMISSIONERS SHOWS MINERALS.

The commissioners report that much of the territory ceded under the act of July 1, 1892 (27 Stat. 62), abounds in rich mineral deposits.

Collins v. Bubb, 73 Fed. 735, p. 737.

27 STAT. 120, p. 126, July 13, 1892.

MINING CLAIMS ON INDIAN LANDS.

AN ACT Making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June 30, 1893.

Be it enacted, etc. * * *

No right of selection by, or allottment to the Crow Indians of Montana secured by the provisions of section 34 of the Indian appropriation act, approved March 3, 1891, shall be so used as to include mining claims nor shall they include lands settled upon, or improvements made by, qualified preemptors or homesteaders who were misled to settle on said reservation by reason of an erroneous survey by deputy United States surveyors of the public lands, or of said Crow Reservation, and who at the time they so settled there believed their said settlement was not on the said reservation: Provided, That nothing herein contained shall be construed to impair any rights acquired under any contract with the Crow Indians heretofore ratified by Congress.

27 STAT. 612, pp. 633, 640, MARCH 3, 1893.

SALINES RESERVED.

AN ACT Making appropriations for current and contingent expenses, and fulfilling treaty stipulations with Indian tribes, for fiscal year ending June 30, 1894.

Be it enacted, etc., That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department for the year ending June 30, 1894, and fulfilling treaty stipulations with the various Indian tribes, namely: * *

*

It shall be the duty of said commission, or a majority of them, to superintend the sale of said lands, ascertain who are the true owners of the allotted lands, have guardians duly appointed for the minor heirs of any deceased allottees, make deeds of the lands to the purchasers thereof, subject to the approval of the Secretary of the Interior, which deed shall operate as a complete conveyance of the land upon the full payment of the purchase money; and the whole amount

received for allotted lands shall be placed in the Treasury to the credit of the Indian entitled thereto and the same shall be paid to him in such sums and at such times as the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, shall direct: * * * And provided further, That the Indian allottees shall not have power of alienation of the allotted lands not selected for sale by said commission for a period of 10 years from the date of the passage of this act, and no part of the allotted land shall be offered for sale until the Indian or Indians entitled to the same shall have signed a written agreement consenting to the sale thereof. * * *

SEC. 10. That the sum of $295,736, payable as hereinafter provided, is hereby appropriated out of any money in the Treasury not otherwise appropriated, and the Secretary of the Interior is hereby authorized and directed to contract to pay $8,300,000, or so much thereof as may be necessary in addition, to pay the Cherokee Nation of Indians for all the right, title, interest, and claims which the said nation of Indians may have in and to certain lands described and specified in an agreement concluded between (certain named persons), duly appointed commissioners on the part of the United States, and (certain named persons), duly appointed commissioners on the part of the Cherokee Nation of Indians in the Indian Territory, on December 19, 1891, bounded (here describing and known as the Cherokee Outlet).

A. INDIAN LANDS-SALINES EXCEPTED.

B. INDIAN ALLOTTEES-POWER OF ALIENATION, p.

A. INDIAN LANDS-SALINES EXCEPTED.

Lands ceded by the Indians and made open for settlement by this act expressly excepted certain saline lands known as the Eastern, Middle, and Western Saline Reserves, under the authority of the act of Congress of August 7, 1882 (22 Stat. 349). Oklahoma v. Brooks, 29 L. D. 533, p. 534.

B. INDIAN ALLOTTEES-POWER OF ALIENATION.

This act deprived Indian allottees of the power of alienation for a period of 10 years after its passage, and after the expiration of such 10 years all restrictions were removed, leaving the land subject not only to voluntary but involuntary alienation. Neilson v. Alberty, 36 Okla. 490, p. 496.

An affidavit of an applicant to enter a tract of land under this act, which states that the land does not contain any visible or known salt springs, salt rock, or other saline deposits, and is suitable for agricultural purposes, does not determine the character of the land, though it may justify an inquiry or an examination into the question, as all these lands should be treated as presumptively of saline character; but when it is ascertained that any of them are not saline, then disposition thereof can be made under the laws relating to public lands in the Cherokee Outlet.

Oklahoma v. Brooks, 29 L. D. 533, p. 535.

30 STAT. 1779, JULY 27, 1898.

PROCLAMATION-CHEROKEE OUTLET.

Whereas, in the opening of the Cherokee Outlet, pursuant to section 10 of the act of Congress approved March 3, 1893 (27 Stat. 612, p.

640), the lands known as the Eastern, Middle, and Western Saline Reserves were excepted from settlement in view of three leases made by the Cherokee Nation prior to March 3, 1893, under authority of the act of Congress approved August 7, 1882 (22 Stat. 349);

And whereas, it appears that said leases were never approved as provided by law;

Now, therefore, I, William McKinley, President of the United States, by virtue of the power in me vested by section 10 of said act of March 3, 1893, do hereby declare and make known that all the lands in said saline reserves, as described in a proclamation dated August 19, 1893 (28 Stat. 1227), are hereby restored to the public domain and will be disposed of under the laws of the United States relating to public lands in said Cherokee Outlet, subject to the policy of the Government in disposing of saline lands.

A. SALINES IN CHEROKEE OUTLET-RESTORED TO PUBLIC

DOMAIN.

By this proclamation all the lands in the Cherokee Nation saline reserves were restored to the public domain for disposition under United States laws, subject to the policy of the Government in disposing of saline lands

Oklahoma v. Brooks, 29 L. D. 533, p. 534.

28 STAT. 1222, AUGUST 19, 1893.

PROCLAMATION-SALINES RESERVED.

Whereas, pursuant to section 10 of the act of Congress approved March 3, 1893 (27 Stat. 61), entitled, * * * the Cherokee Nation of Indians, by a written agreement made on May 17, 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 (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 Stat. 349), said lands being described and identified as follows: The Eastern Saline Reserve embracing all (described), the Middle Saline Reserve embracing all (described), and the Western Saline Reserve embracing all (described).

29 STAT. 321, pp. 353, 357, 360, JUNE 10, 1896.

OCCUPATION AND PURCHASE.

AN ACT Making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1897, and for other purposes.

Be it enacted, etc., * * * SEC. 8. * * That upon the filing in the United States local land office for the district in which the lands surrendered by article 1 of the foregoing agreement are situated, of the approved plat of survey authorized by this section, the lands so surrendered shall be open to occupation, location, and purchase, under the provisions of

the mineral-land laws only, subject to the several articles of the foregoing agreement: Provided, That said lands shall be sold at $10 per acre: And provided further, That the terms of this section shall not be construed to authorize the occupancy of said lands for mining purposes prior to the date of filing said approved plat of survey: Provided, however, That any person who in good faith prior to the passage of this act had discovered and opened, or located, a mine of coal or other mineral, shall have a preference right of purchase for 90 days from and after the official filing in the local land office of the approved plat of survey provided for by this section. NOTE. The last proviso of this section is stricken out by an amendment. (See 30 Stat. 62, p. 93, sec. 10, p. 1001.

SEC. 9. * * * That upon the filing in the United States local land office for the district in which the lands surrendered by article 1 of the foregoing agreement are situated, of the approved plat of survey authorized by this section, the lands so surrendered shall be opened to occupation, location, and purchase under the provisions of the mineral-land laws only, subject to the several articles of the foregoing agreement: Provided, That the terms of this section shall not be construed to authorize occupancy of said lands for mining purposes prior to the date of filing said approved plat of survey.

SEC. 10. * * * That upon the filing in the United States local land office for the district in which the lands surrendered by article 1 of the foregoing agreement are situated, of the approved plat of survey authorized by this section, the lands so surrendered shall be opened to occupation, location, and purchase under the provisions of the mineral-land laws only, subject to the several articles of the foregoing agreement: Provided, That the terms of this section shall not be construed to authorize occupancy of said lands for mining purposes prior to the date of filing said approved plat of survey: Provided, however, That any person who in good faith prior to the passage of this act had discovered and opened, or located, a mine of coal or other mineral, shall have a preference right of purchase for 90 days from and after the official filing in the local land office of the approved plat of survey provided for by this section.

A. INDIAN LANDS SURRENDERED-LOCATION OF MINING CLAIMS. This statute expressly excepts mining locations or coal mines in the lands reserved by the act.

Eureka and Try Again Lode Claims, In re, 29 L. D. 158.

In an application for the location of a mine upon any of the lands contemplated in this act, the applicant must show that he has complied with other sections of the statute, and especially with the provisions of sections 2325 and 2326 of the Revised Statutes.

Eureka and Try Again Lode Claims, In re, 29 L. D. 158, p. 159.

31 STAT. 952, MARCH 2, 1901.

SALE UNDER MINING LAWS.

AN ACT To restore to the public domain a small tract of the White Mountain Apache Indian Reservation, in the Territory of Arizona.

Be it enacted, etc., That a small tract of the White Mountain Apache Indian Reservation, in the Territory of Arizona, established

by Executive orders dated (giving dates and descriptions); containing about 231 acres, be, and the same is hereby, restored to the public domain and declared to be open and subject to entry, location, and occupation under the mining laws of the United States: Provided, That said lands shall be sold under the provisions of the mining laws of the United States, and that all moneys accruing from the sale of the lands hereby restored, except the fees allowed by law to the register and receiver, shall be paid into the Treasury of the United States and applied solely as follows: etc.

31 STAT. 1093, MARCH 3, 1901.

DISPOSITION OF MINERAL LANDS.

AN ACT To supplement existing laws relating to the disposition of lands, etc.

Be it enacted, etc., That before the time for opening to settlement or entry of any of the lands in the Territory of Oklahoma, respectively ceded to the United States by the Wichita and affiliated bands of Indians, and the Comanche, Kiowa, and Apache tribes of Indians, under agreements respectively ratified by the acts of March 2, 1895 (28 Stat. 876, p. 894), and June 6, 1900 (31 Stat. 672, p. 676), it shall be the duty of the Secretary of the Interior to subdivide the same into such number of counties as will, for the time being, best subserve the public interests, and to designate the place for the county seat of each county, and to set aside and reserve at such county seat, for disposition as herein provided, 320 acres of land: Provided, That the Secretary of the Interior may attach any part of said lands to any adjoining county in said Territory.

The lands to be opened to settlement and entry under the acts of Congress ratifying said agreements respectively shall be so opened by proclamation of the President, and to avoid the contests and conflicting claims which have heretofore resulted from opening similar public lands to settlement and entry, the President's proclamation shall prescribe the manner in which these lands may be settled upon, occupied and entered by persons entitled thereto under the acts ratifying said agreements, respectively; and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed in such proclamation until after the expiration of 60 days from the time when the same are opened to settlement and entry.

*

*

*

*

*

A. ACT APPLIES TO MINERAL AND HOMESTEAD CLAIMANTS. B. PROCLAMATION OPENING SETTLEMENT.

A. ACT APPLIES TO MINERAL AND HOMESTEAD CLAIMANTS.

This act, as well as the proclamation of the President issued July 4, 1901 (32 Stat. 1975), applied to mineral claimants as well as to homestead claimants, and Congress did not intend to discriminate in favor of mineral claimants and against the homestead claimants.

Bay v. Oklahoma Southern Gas, etc., Min. Co., 13 Okla. 425, p. 432.

B. PROCLAMATION OPENING SETTLEMENT.

Congress left the manner of the opening of these lands allotted to the Indians to settlement and entry to the determination of the President, and required him to incor