Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.
|Carson National Forest, N. Mex. Preamble.|
|35 Stat., 2240 vol. 3, 641.|
|38 Stat., 113.|
26 Stat., 1103.
|30 Stat., 36.|
|Prior rights not affected.|
|Excluded lands restored to settlement.|
|38 Stat., 113.|
|Date of opening.|
|Warning against trespassing prior to opening.|
|34 Stat., 233.|
|Prior settlement rights, etc.|
|34 Stat., 233.|
Whereas an Executive Order dated February seventeenth, nineteen hundred and twelve, directed that those parts of the Jicarilla Apache Indian Reservation included in the Carson National Forest, New Mexico, by proclamation of March second, nineteen hundred and nine, should be restored to the Jicarilla Apache Indian Reservation; and
Whereas it appears that the public good will be promoted by adding certain Forest lands within the State of New Mexico to the Carson National Forest, and by eliminating therefrom certain lands and restoring the public lands therein in a manner authorized by the Act of Congress approved September thirtieth, nineteen hundred and thirteen, entitled "An Act To authorize the President to provide a method for opening lands restored from reservation or withdrawal, and for other purposes;"
Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the power in me vested by the Act of Congress approved March third, eighteen hundred and ninety-one (26 Stat., 1095), entitled "An Act To repeal timber-culture laws, and for other purposes," and also by the Act of Congress approved June fourth, eighteen hundred and ninety-seven (30 Stat., 11 at 34 and 36), entitled "An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes," do proclaim that the boundaries of the Carson National Forest are hereby changed to include the areas indicated as additions on the diagram hereto annexed and forming a part hereof and to exclude the areas indicated thereon as eliminations.
The withdrawal made by this proclamation shall, as to all lands which are at this date legally appropriated under the public land laws or reserved for any public purpose, be subject to, and shall not
interfere with or defeat legal rights under such appropriation, nor prevent the use for such public purpose of lands so reserved, so long as such appropriation is legally maintained, or such reservation remains in force
And I do further proclaim and make known that in my judgment it is proper and necessary in the interest of equal opportunity and good administration that the public lands not otherwise withdrawn or reserved, and to which there is now no valid subsisting right, in the areas hereby excluded from the Carson National Forest be restored to settlement in advance of entry, and pursuant to the authority conferred upon me by the aforesaid Act of September thirtieth, nineteen hundred and thirteen, I do hereby direct and provide that such lands shall be subject to actual settlement only under the provisions of the homestead laws from and including nine o'clock, a. m., standard time, February 16, 1914, until and including March 17, 1914, and thereafter to disposition under the laws applicable thereto.
Persons who go upon any of the lands to be restored as herein provided and perform any act of settlement thereon from and including the date hereof until nine o'clock, a. m., February 16, 1914, or who are on or are occupying any part of such lands at said hour, except those having valid subsisting settlement rights initiated prior to reservation and since maintained, and those having preferences to make entry under the provisions of the Act of Congress approved June eleventh, nineteen hundred and six (34 Stat., 233), will be considered and dealt with as trespassers and preference will be given the prior legal applicant, notwithstanding such unlawful settlement or occupancy: Provided, however, that nothing herein shall prevent persons from going upon and over the lands to examine them with a view to thereafter going upon and making settlement thereon when the lands shall become subject thereto in accordance with this proclamation. Persons having prior settlement rights or preferences, as above defined, will be allowed to make entry in conformity with existing law and regulations.
This proclamation shall not prevent the settlement and entry of any lands heretofore opened to settlement and entry under the said Act of Congress approved June eleventh, nineteen hundred and six, entitled "An Act To provide for the entry of Agricultural lands within forest reserves."
It is not intended by this proclamation to release any land from reservation nor to reserve any land not heretofore embraced in a National Forest except the areas indicated on the diagram as eliminations and additions.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington this fourteenth day of January, in the year of our Lord one thousand nine hundred and fourteen, and of the Independence of the United States the one hundred and thirty- eighth.
By the President:
W. J. BRYAN
Secretary of State.