INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.


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PART II.—PROCLAMATIONS RELATING TO INDIAN LANDS AND RESERVES BY THE PRESIDENT OF THE UNITED STATES.

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By the President of the United States of America
A PROCLAMATION.
April 6, 1917. | 40 Stat., 1653.

Margin Notes
Crow Indian Reservation, Mont. Preamble.
33 Stat., 361, vol. 3, 87.
38 Stat., 2029; ante, 953.
39 Stat., 1734; ante, 959.
39 Stat., 944; ante, 132.
Prior entries on ceded coal lands may be perfected.
38 Stat., 2029; ante, 953.
39 Stat., 944; ante, 132.
Disposal of coal lands until June 30, 1917.
No subsequent entries allowed.
Entry of canceled agricultural entries.
Sale of undisposed of lands.
Reservation of coal deposits.
Offerings to bidders.
Conditions of bids.
Payments.
Resale on nonpayments.
Payment of balance.
Rules, etc.
Warning against conspiracies.
Punishment for hindering, etc., land sales.
35 Stat., 1099.

Page 973

Whereas the Act of Congress approved April 27, 1904 (33 Stat. 352), providing for the disposal of lands within a specified part of the Crow Indian Reservation, Montana, among other things provides:

That when, in the judgment of the President, no more of the land herein ceded can be disposed of at said price, he may by proclamation, to be repeated at his discretion, sell from time to time the remaining land subject to the provisions of the homestead law or otherwise as he may deem most advantageous, at such price or prices, in such manner, upon such conditions, with such restrictions, and upon such terms as he may deem best for all the interests concerned;

And whereas Proclamation of September 28, 1914 (38 Stat., 2029), provided a special method for the disposal of the unsold, unentered, non-mineral, unreserved lands affected by said act and not withdrawn under the Reclamation Act, but did not provide for the disposition of coal lands thereunder;

And whereas a number of special entries and purchases have been allowed for coal lands within the reservation as if authorized under said proclamation, although the lands were not then subject to such disposition;

And whereas under the provisions of the Act of Congress approved February 27, 1917 (Public No. 358), surplus coal lands within said reservation may be disposed of in like manner as the non-mineral lands, the coal deposits to be reserved to the United States;

Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the power and authority vested in me by the aforesaid Acts of Congress, do hereby prescribe, proclaim and make known that the entries or purchases heretofore made for coal lands in said reservation as under the aforesaid proclamation of September 28, 1914, upon compliance with the requirements thereof may be perfected by the respective entrymen, subject to the provisions of the said Act of February 27, 1917, the price of the land to be $3.00 per acre, if entered or purchased prior to September 15, 1915, and $2.00 per acre, if entered or purchased thereafter.

The said coal lands, if otherwise available, shall be subject to disposal under the aforesaid proclamation of September 28, 1914, at $2.00 per acre, until and including June 30, 1917, subject to the provisions of the said act of February 27, 1917. No entry shall be allowed after that date under said proclamation for either the coal or the noncoal lands.

In the event that any existing agricultural entry on the reservation, made with a reservation of the coal deposits, is canceled on or before June 30, 1917, the land may, if otherwise available, until and including that date, but not thereafter, be entered or purchased hereunder at the price fixed by the first entry.

All lands within the reservation affected by the aforesaid Act of April 27, 1904, to which there are no valid, existing rights and which are not reserved or withdrawn under the Reclamation Act or otherwise, at the date of sale, shall be offered for sale under the supervision of the Superintendent of opening and sale of Indian reservations, at not less than $2.00 per acre, at Billings, Montana, commencing September 4, 1917; Provided: That lands classified or withdrawn as coal lands shall be sold with a reservation of the coal deposits, in conformity with the Act of February 27, 1917, above cited. After the lands shall have been offered for sale at the minimum price herein above prescribed, the Superintendent may, in his discretion, fix any other minimum therefor, not less than $1.00 per acre.

Page 974

The lands shall be listed for sale in tracts embracing the north and south half of sections unless parts of such subdivisions are not subject to sale, in which event all contiguous lands subject to disposition in such half sections shall be listed for sale as separate tracts. Offerings may be made in smaller parcels if deemed advisable in the judgment of the Superintendent.

Bids may be made in person or by agent, but will not be received through the mail, and purchasers will not be required to show qualifications as to age, citizenship or otherwise, or to furnish proof as to the character or condition of the lands.

One-fifth of the purchase price of the land must be paid to the Receiver of the Billings, Montana, land office before 4:30 o'clock p. m., on the next business day following the date of sale. Any purchaser who fails to make such payment will forfeit all rights to the land purchased, which will be reoffered for sale, and the defaulting purchaser will not thereafter be permitted to bid for or purchase any other lands at the sale.

The balance of the purchase money may be paid in four equal, annual installments in one, two, three and four years after the date of sale. If any purchaser fails to make such payment when it becomes due, all rights under his purchase and all moneys theretofore paid thereunder will be forfeited.

The Superintendent is hereby authorized to prescribe such rules therefor, not in conflict herewith, as the exigencies may require, and he may at any time suspend or indefinitely postpone the sale or adjourn it to such time or place as he may deem advisable, and he may reject any or all bids which in his opinion are less than the actual cash value at which any of the lands offered should be sold.

All persons are warned against entering into any agreement, combination or conspiracy which will prevent any of said lands from selling advantageously, and all persons so offending will be prosecuted criminally under section 59 of the Criminal Code, which reads:

"Whoever, before or at the time of the public sale of any of the lands of the United States, shall bargain, contract, or agree, or attempt to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof; or whoever by intimidation, combination, or unfair management shall hinder or prevent, or attempt to hinder or prevent, any person from bidding upon or purchasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both."

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 sixth day of April, in the year of our Lord Nineteen Hundred and Seventeen and of the Independence of the United States, the One Hundred and Forty-first.

[SEAL.]

WOODROW WILSON

By the President:
ROBERT LANSING
Secretary of State.


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