INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FORTY–SEVENTH CONGRESS—FIRST SESSION, 1882.
CHAP. 55 | CHAP. 74 | CHAP. 144 | CHAP. 163 | CHAP. 246 | CHAP. 268 | CHAP. 284 | CHAP. 356 | CHAP. 357 | CHAP. 371 | CHAP. 390 | CHAP. 392 | CHAP. 394 | CHAP. 434 | CHAP. 446

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Chapter 392
Sections 2 | 3 | 4 | 5 | 6 | 7

Margin Notes
Chap. 392 Sale of land on Umatilla Indian Reservation near Pendleton, Oreg.
Chap. 392 Not exceeding 640 acres.
Chap. 392 Survey.
Chap. 392 Appraisement.
Sec. 2 Sale at public auction, after advertisement, to highest bidder.
Sec. 2 Payments.
Sec. 2 Land not sold at public sale etc., subject to private entry.
Sec. 2 Failure to make payment.
Sec. 2 Proviso. Title to certain lands confirmed to heirs, etc., of Moses E. Goodwin, conditionally.
Sec. 2 Conditions of confirmation of title.
Sec. 2 Rights of Oregon Railway and Navigation Company not affected.
Sec. 3 Proceeds of sale; disposition of.
Sec. 3 Interest.
Sec. 4 Secretary of Interior to make rules, etc.
Sec. 4 Compensation of appraisers and surveyors.
Sec. 5 Consent of Indians to be obtained, etc.
Sec. 6 Appropriation.
Sec. 7 Boundary line of reservation.

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Chapter 392
    Aug. 5, 1882. | 22 Stats., 297.
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An Act authorizing the Secretary of the Interior to dispose of certain lands edjacent to the town of Pendleton, in the State of Oregon, belonging to the Umatilla Indian Reservation, and for other purposes.a

a  Allotments in severalty on the Umatilla reservation are provided for by the act of March 3, 1885, chapter 319 (post p. 224), amended by the act of June 29, 1888, chapter 503 (post p. 286). The sale of unsold portions of the reservations is provided for in the act of July 1, 1902, chapter 1380 (post p. 798).
   Rights of way through the Umatilla Reservation are authorized by the following acts: October 17, 1888, chapter 1186 (post p. 297); February 10, 1891, chapter 129 (post p. 387), as amended by February 9, 1894, chapter 26 (post p. 509); and January 12, 1893, chapter 32 (post p. 457).

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 hereby is, authorized to cause to be surveyed and laid out into lots and blocks so much of the Umatilla Indian Reser–

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vation, in the State of Oregon, lying and being contiguous to or in the vicinity of the town of Pendleton, as may be necessary to allow said town proper and needful extension and growth, not exceeding six hundred and forty acres. That the lands so authorized to be laid out into town-lots shall, in the plan and survey thereof, correspond as near as may be to the plans and survey of the said town of Pendleton, as laid out and established. That at the time of the said survey the Secretary of the Interior shall cause the said lots and blocks to be appraised by three disinterested persons, to be appointed by him, who, after taking and subscribing an oath before the county clerk of Umatilla County, Oregon, to faithfully and impartially perform their duty as appraisers of said lots and blocks under the provisions of this act, which oath shall be returned with their appraisement, (a) shall go in person upon the ground and determine the value of each lot and parcel thereof; making lists thereof particularly describing each lot, block, and parcel, with the appraised value thereof, as by them determined; which said list shall be verified by the affidavit of at least two of said appraisers, made before the said clerk of Umatilla County, Oregon, to the effect that said list is a correct list of the said lots, blocks, and parcels appraised by them, and that the appraisements thereof are the true value of each parcel appraised, and that the same were determined by them after due and full inspection of each and every parcel thereof.


a  Appraisement made October 11, 1883 (see No. 19510).

SEC. 2

That upon the return of said survey and the appraisement of said lands, if the same shall be approved, (b) the Secretary of the Interior shall cause said lands to be offered for sale at public auction at the door of the court-house in the town of Pendleton, which sale shall be advertised, for at least thirty days, in such manner as the said Secretary shall direct. The said sale shall be open, public, and to the highest bidder, and shall continue from day to day until all of the said lands shall have been sold or offered for sale. The said lands shall be offered in single lots and parcels, and no bid shall be received for any lot or parcel less than the appraised value of the same. Payment shall be made as follows: One-third at the time of sale, one-third in one year, and one-third in two years; but no patent shall issue until full payment shall have been made. All lots, blocks, and parcels of said lands not sold at said public sale shall thereafter be subject to private entry at the appraised value thereof. Upon a failure of any purchaser to make any of the deferred payments upon any lot or parcel of said land sold at public auction, for a period of thirty days after demand, the same shall be subject to private entry as unsold lots or parcels, and all payments made thereon shall be forefeited to the fund for the use and benefit of said Indians as hereinafter provided; Provided, That the title to so much of said lands as is covered by a patent issued by the United States to Moses E. Goodwin, on the twentieth day of August, eighteen hundred and sixty-nine, for the north half of the northeast quarter of section ten, the southwest quarter of the southwest quarter of section two, and the northwest quarter of the northwest quarter of section eleven, township two north, range thirty-two east of the Willamette meridian, be, and the same is hereby confirmed to the heirs and legal representatives of the said Moses E. Goodwin, now deceased, and to their assigns, upon compliance with the following condition and not otherwise: The heirs and legal representatives of the said Moses E. Goodwin, or their assigns, shall pay for the use of said Indians the value of the said lands at the time of Goodwin’s settlement thereon; which valuec shall be determined by the persons who shall be appointed

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to appraise the lots and blocks by this act authorized to be laid out and appraised; and the said appraisers shall certify and return their action in this respect in the same manner and at the same time as they do their action in respect of the lands laid out into town lots: And provided further, That any right heretofore acquired by the Oregon Railway and Navigation Company for right of way for a line of railway and to lands for use and occupancy by said company for station or depot purposes, shall not be affected by this act.


b  Approved by the Secretary of the Interior December 22, 1883 (see No. 23363).

c  Valuation of Goodwin claim made December 11, 1883 (see No. 22850).

SEC. 3

That the funds arising from the sale of said lands, after deducting the expenses of the survey, appraisement and sale of the same, shall be deposited in the Treasury of the United States to the credit of the Indians belonging on said reservation, and shall bear five per centum per annum interest; and the Secretary of the Interior shall expend, from time to time, for the benefit and support of an industrial school for said Indians on said reservation, so much of the principal and accrued interest thereon as he shall see fit.

SEC. 4

That the Secretary of the Interior shall make all needful rules and regulations requisite to carry this act into effect, shall determine the compensation to be allowed the appraisers for their services in appraising said lands, and also the compensation of the surveyor for his services in laying out said lands into town lots.

SEC. 5

That before the Secretary of the Interior shall execute any part of the provisions of this act he shall obtain the full and free consenta of the Indians upon the said reservation to the sale and disposition of the said lands in the manner and for the purposes in this act provided.


a  Consent given Oct. 5, 1882 (see No. 20517).

SEC. 6

That the sum of fifteen hundred dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying this act into effect, which said sum, or so much thereof as may be expended, shall be reimbursed to the Treasury out of the sales of said lands.

SEC. 7

That the Interior lines of the land by this act authorized to be laid out in town lots and separating the same from the lands of said reservation shall from the date of the approval of said survey by the Secretary of the Interior, be and constitute the line of said reservation between the same and the town of Pendleton.

Approved August 5, 1882.


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