Time for acceptance of grant. Secretary of the Interior and the city of San Diego in carrying out the provisions of this Act shall proceed in conformity with the laws of said State. SEC. 7. That the grantee shall file with the Secretary of the Interior, within six months after the approval of this Act, its acceptance of the terms and conditions of this grant. Approved, February 28, 1919. March 1, 1919. [H. R. 14078.] 40 Stat., 1213. Legislative, execu CHAP. 86.-An Act Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1920, and for other purposes. Be it enacted by the Senate and House of Representatives of the United tive, and judicial ap- States of America in Congress assembled, That the following sums are propriations. appropriated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June 30, 1920, namely: Interior Department. Secretary. deeds. DEPARTMENT OF THE INTERIOR. OFFICE OF THE SECRETARY: Clerk to sign, under the Clerk to sign tribal direction of the Secretary, in his name and for him, his approval of all tribal deeds to allottees and deeds for town lots made and executed according to law for any of the Five Civilized Tribes of Indians in the Indian Territory, $1,200. Indian Oce. March 3, 1919. [H. R. 357.] 40 Stat. 1316. Cherokee Nation. interest on former judgment. INDIAN OFFICE: Commissioner, $5,000; assistant commissioner, $3,500; chief clerk, $2,750; financial clerk, $2,250; chiefs of divisions-one $2,250, one $2,000; law clerk, $2,000; assistant chief of division, $2,000; private secretary, $1,800; examiner of irrigation accounts, $1,800; draftsmen-one $1,400, one $1,200; clerkstwenty of class four, thirty-one of class three, thirty-eight of class two, two at $1,500 each, sixty-eight of class one (including one stenographer), thirty-two at $1,000 each (including one stenographer), thirty-four at $900 each, two at $720 each; messenger; four assistant messengers; four messenger boys, at $420 each; in all, $320,790. Approved, March 1, 1919. CHAP. 103.-An Act Conferring jurisdiction upon the Court of Claims to hear, consider, and determine certain claims of the Cherokee Nation against the United States. Be it enacted by the Senate and House of Representatives of the United Court of Claims to States of America in Congress assembled, That jurisdiction is hereby bear, etc., claims of, for conferred upon the Court of Claims to hear, consider, and determine the claim of the Cherokee Nation against the United States for interest, in addition to all other interest heretofore allowed and paid, alleged to be owing from the United States to the Cherokee Nation on the funds arising from the judgment of the Court of Claims of May eighteenth, nineteen hundred and five (Fortieth Court of Claims Jurisdiction con- Report, page two hundred and fifty-two), in favor of the Cherokee ferred. Nation. The said court is authorized, empowered, and directed to carefully examine all laws, treaties, or agreements, and especially the agreement between the United States and the Cherokee Nation of December nineteenth, eighteen hundred and ninety-one, ratified 2489. Presentation of by the United States March third, eighteen hundred and ninetythree (Twenty-seventh Statutes at Large, page six hundred and forty, 27 Stat. 640, vol. ↳ section ten), in any manner affecting or relating to the question of interest on said funds, as the same shall be brought to the attention of the court by the Cherokee Nation under this Act. And if it shall Right to appeal. be found that under any of the said treaties, laws, or agreements interest on one or more of the said funds, either in whole or in part, has not been paid and is rightfully owing from the United States to the Cherokee Nation, the court shall render final judgment therefor against the United States and in favor of the Cherokee Nation, either party to have the right to appeal to the Supreme Court of the United States as in other cases. The said claim shall be presented claims, etc. within one year after the passage of this Act by petition in the Court of Claims by the Cherokee Nation as plaintiff against the United States as defendant, and the petition shall be verified by the attorney employed to prosecute said claim by the Cherokee Nation acting through its principal chief. A copy of the petition shall be served upon the Attorney General of the United States, and he, or some attorney from the Department of Justice to be designated by him, is hereby directed to appear and defend the interests of the United States in said cause. The law and practice and rules of procedure in said courts shall be the practice and law in this case. Attorney's fee. Proviso. Limit. The attorney for the Cherokee Nation shall be paid such fee as the Court of Claims may find reasonable, the same to be approved by the Secretary of the Interior: Provided, That in no case shall the fee decreed by said Court of Claims be in excess of the amount stipulated in his contract of employment, nor amount to more than ten per centum of the sum, if any, to which the Cherokee Nation shall be found entitled. The amount recovered, if any, for the Cherokee Disbursement Nation shall be disbursed under the supervision of the Secretary of of amount recovered. the Interior to the parties entitled thereto in the manner prescribed by the Court of Claims.' Approved, March 3, 1919. CHAP. 106.-An Act To authorize the contesting and cancellation of certain homestead entries, and for other purposes March 3, 1919. !II. R. 9897.] 40 Stat., 1318. Oklahoma. Kiowa, etc., pasture reserves. in. Cancellation of cer Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the homestead entries made for pasture and wood reserve lands in the Kiowa, Comanche, and Apache Reservations, in the State of Oklahoma, tain homestead entries opened to settlement and entry upon sealed bids, as authorized by 34 Stat., 213, vol. 3, the Act of June fifth, nineteen hundred and six (Thirty-fourth United 184. States Statutes at Large, page two hundred and thirteen), be, and the same are hereby, made subject to contest, upon charges alleging that the entryman never established residence upon the land, or that having established such residence he failed to maintain same, or to improve and cultivate the land in accordance with law; and upon proof sustaining such charges, submitted in accordance with the rules of practice, the entries will be canceled and the money paid by the entrymen in default will be forfeited: Provided, That Provisos any person who has been residing upon the land for at least two entries. years prior to the cancellation of such entry, and if there be no such settler, than the successful contestant, shall, if qualified to make a homestead entry, have a preference right for a period of sixty days from notice, to make a homestead entry for the land, paying therefor the price bid by the original entryman, or a price to be fixed by appraisement upon the applicant's request, the im Ct. Cl. Docket No. H-47, J-8; see Joint Resolution approved February 19, 1929 (45 Stat.). Preference for new Partition of tracts. ments. etc. provements made by such settler not to be taken into consideration in making such appraisement: Provided further, That should there be two settlers on a tract, the land will be partitioned to them upon mutual agreement, or will be sold to the setttler submitting Payment in install the highest bid at a public offering: And provided further, That payment for the land shall be made in four equal installments, one installment at the date of entry, and the other installments in one, Forfeiture for failure, two, and three years thereafter: And provided further, That failure to comply with the homestead law or to make the annual payment when due in the case of any entry under this Act shall be a sufficient cause for the cancellation of the entry and the forfeiture of Sale of vacant lands. the money paid: And provided further, That any vacant lands in the wood and pasture reserves in said Indian reservations, opened 34 Stat., 213, vol. 3, to entry under said Act of June fifth, nineteen hundred and six, 184:34 Stat., 550, vol. for which no preference right of entry exists, as herein provided, or under the Act of June twenty-eighth, nineteen hundred and six (Thirty-fourth Statutes at Large, page five hundred and fifty), shall be subject to sale at public auction to the highest bidder under Disposal of proceeds. rules and regulations to be provided by the Secretary of the Interior: And provided further, That the moneys received from the sale of the lands under this Act shall be deposited in the Treasury of the United States, shall draw interest, and be administered in accordance with the provisions of section two of said Act of June fifth, nineteen hundred and six.' 3, 259. 34 Stat., 213, vol. 3, 184. March 3, 1919. [H. R. 12082.] 40 Stat., 1320. ervation, S. Dak. to White River Cemetery Company. Approved, March 3, 1919. CHAP. 110.-An Act Authorizing the sale of certain lands in South Dakota for cemetery purposes. Be it enacted by the Senate and House of Representatives of the United Rosebud Indian Res- States of America in Congress assembled, That the Secretary of the Sale of tract in ceded, Interior is hereby authorized to sell and convey to the White River Cemetery Company, for cemetery purposes, for a price not less_than the appraised value thereof, a ten-acre tract within the former Rosebud Indian Reservation in Mellette County, South Dakota, described as the northeast quarter of the southeast quarter of the northeast quarter of section thirty-four, township forty-two north, range twenty-nine west, sixth principal meridian, or such part thereof as Payment to Indian may be required: Provided, however, That the tract conveyed shall be described in terms of the legal survey, the consideration to be paid to the superintendent of the Rosebud Reservation, to be deposited in the Treasury of the United States to the credit of the Rosebud Indians. Proviso. fund. March 3, 1919. [H. R. 13034.] 40 Stat., 1321. Minnesota. of, validated. 25 Stat., 642, vol. Approved, March 3, 1919. CHAP. 113.-An Act To validate and confirm certain erroneously allowed entries in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United Chippewa Indians of States of America in Congress assembled, That in all cases where Chipentries of ceded lands pewa Indian lands in Minnesota, ceded under the Act of Congress approved January fourteenth, eighteen hundred and eighty-nine 1, (Twenty-fifth Statutes at Large, page six hundred and forty-two), were assessed under the State drainage laws prior to the opening of the lands to entry, where the lands were subsequently opened to entry and were thereafter sold under the said drainage laws, and 35 Stat., 169; post, 948. where cash entries for the lands were subsequently made as though 301. 150 L. O. D., 189. authorized by the Act of Congress approved May twentieth, nineteen hundred and eight (Thirty-fifth Statutes at Large, page one hundred and sixty-nine), such erroneously allowed entries, if otherwise regular, be, and the same are hereby, validated and confirmed. Approved, March 3, 1919. PRIVATE ACTS OF THE SIXTY-FIFTH CONGRESS, THIRD SESSION, 1919. CHAP. 126.-An Act Validating certain applications for and entries of public lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to issue patents upon the entries hereinafter named upon which proof of compliance with law has been filed: Clarence Hazelbaker. SEC. 21. That Clarence Hazelbaker is hereby granted right of selec- Lieu lands selection tion of eighty acres of unappropriated nonmineral, unreserved public by, authorized. lands of the United States in lieu of lands described as follows: The west half of the northeast quarter of section fifteen, township thirtyone north, range three east, Boise meridian, for which patent was issued him upon his final homestead certificate, but which it subsequently appeared was included in the land patented to Me-yoneyah, under Indian allotment numbered twelve hundred and eightyseven, in the Nez Perces Indian Reservation: Provided, That the land selected shall be of similar general character to that in the original homestead, but if selection is made of land designated or subject to designation under the enlarged homestead Act, then selection may be in double the area of the original selection, and if selection is made under lands available for entry under the stock-raising homestead law, then selection may be made in area equal to four times the area of the selection authorized heretofore. Proviso. Oliver P. Pring. SEC. 23. That Oliver P. Pring, of Lewiston, Idaho, is hereby granted Lieu lands selection right of selection of one hundred and sixty acres of nonmineral un- by, authorized. reserved public lands of the United States in lieu of lands purchased by the said Oliver P. Pring, for which patent was issued to Ulysses S. Bartlett upon his final homestead certificate numbered fifty-six hundred and eighty-nine, but which it subsequently appeared was partly included in the land patented to Hattie Moody under Indian allotment numbered seventeen hundred and eleven, embracing the following-described land: The east half of lot four, section thirty-five, township thirty-six north, range four west, Boise meridian: Pro- Character of selec vided, That the land selected shall be of similar general character to tions. that in the original homestead, but if selection is made of land designated or subject to designation under the enlarged homestead Act, then selection may be in double the area of the original selection, and if selection is made under lands available for entry under the stock-raising homestead law, then selection may be made in area equal to four times the area of the selection authorized heretofore. * Approved, March 4, 1919. Proviso. June 30, 1919. [H. R. 2480.] 41 Stat., 3. appropriations. PUBLIC ACTS OF THE SIXTY-SIXTH CONGRESS, FIRST SESSION, 1919. CHAP. 4.-An Act Making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1920. Be it enacted by the Senate and House of Representative of the United Indian Department States of America in Congress assembled, 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 Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices and salaries which are provided for herein for the service of the fiscal year ending June 30, 1920, namely: Indian reservations. SURVEYING AND ALLOTTING INDIAN RESERVATIONS (REIMBURSABLE). Surveying, allotting in severalty, etc. Repayment. For the survey, resurvey, classification, and allotment of lands in 24 Stat., 338, vol. 1, 33. severalty under the provisions of the Act of February 8, 1887 (Twentyfourth Statutes at Large, page three hundred and eighty-eight), entitled "An Act to provide for the allotment of lands in severalty to Indians," and under any other Act or Acts providing for the survey or allotment of Indian lands, $10,000, to be repaid proportionally out of any Indian moneys held in trust or otherwise by the United States Use in New Mexico and available by law for such reimbursable purposes: Provided, That no part of said sum shall be used for the survey, resurvey, classification, or allotment of any land in severalty on the public domain to any Indian, whether of the Navajo or other tribes, within the State of New Mexico and the State of Arizona, who was not residing upon the public domain prior to June 30, 1914. Proviso. and Arizona restricted. Irrigation on reservations. Construction, maintenance, etc., of projects. Allotments to tricts IRRIGATION ON INDIAN RESERVATIONS (REIMBURS ABLE). For the construction, repair, and maintenance of irrigation systems, and for purchase or rental of irrigation tools and appliances, water rights, ditches, and lands necessary for irrigation purposes for Indian reservations and allotments; for operation of irrigation systems or appurtenances thereto, when no other funds are applicable or available for the purpose; for drainage and protection of irrigable lands from damage by floods or loss of water rights, upon the Indian irridis- gation projects named below: Irrigation district one: Sand Creek and Agency projects, Klamath Reservation, $20,000; Round Valley Reservation, California, $2,000; Colville Reservation, $10,000; Total, $32,000. Irrigation district two: Moapa River, $1,200; Shivwits, $1,200; Walker River, $8,500; Western Shoshone, $5,000; total, $15,900. Irrigation district three: Tongue River, Montana, $2,000. Irrigation district four: Agua Caliente Reservation, $3,000; Ak Chin, Maricopa Reservation, $3,200; Big Pine Reservation, $3,500; Grindstone Creek Reservation, $1,300; La Jolla Reservation, $6,000; Martinez pumping plant, $2,000; Morongo Reservation, $1,600; Owens Valley Reservation, $1,000; Pala Reservation, $4,500; Rincon Reservation, $3,000; miscellaneous projects, $7,600; total, $36,700. Irrigation district_five: Southern Ute Reservation, Pine River project, $8,000; San Juan Reservation, $20,000; New Mexico Pueblos, $11,000; Zuni Reservation, $18,200; Navajo and Hopi miscellaneous projects, including Tes-nos-pos, Moencopi Wash, Captain Tom Wash, and Red Lake, $18,200; total, $75,400; |