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.


Home | Disclaimer & Usage | Table of Contents | Index

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

Page Images




By the President of the United States of America
A PROCLAMATION.
October 9, 1917. | 40 Stat., 1702.

Margin Notes
Cache National Forest, Idaho and Utah. Preamble.
38 Stat., 113.
Area diminished.
30 Stat., 36.
Excluded lands in Idaho withdrawn for specified purposes. Water power sites, etc.
36 Stat., 847.
Mining exploration, etc.
37 Stat., 497.
Town sites.
R. S. sec. 2380, p. 438.
R. S. sec. 2381, p. 436.
Remaining excluded lands restored to settlement.
Time of opening.
Preference rights of Idaho not abridged.
27 Stat., 592.
Lands in former Fort Hall Indian Reservation excluded.
33 Stat., 153, vol. 3, 34.
Filing applications, etc.
Warning against trespassing prior to opening.
Agricultural lands.
34 Stat., 233.
Examinations allowed.
Prior settlement rights, etc.
Area affected.

Page 982

Whereas an Executive Order dated April twenty-first, nineteen hundred and fifteen, excluded from the Cache National Forest, in Idaho and Utah, certain lands; and

Whereas an Executive Order effective July first, nineteen hundred and fifteen, directed that all lands included within the boundaries of the Pocatello National Forest, within the States of Idaho and Utah, be transferred to and administered as a part of the Cache National Forest also within said States; and

Whereas it appears that the public good will be promoted by excluding certain areas from the Cache National Forest, in Idaho and Utah, and withdrawing a portion thereof in aid of pending legislation, by reserving a small tract within the areas hereby excluded for townsite purposes, and by restoring the public lands subject to disposition in the remaining excluded areas in a manner authorized by the Act of Congress approved September thirtieth, nineteen hundred and thirteen (38 Stat., 113), 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 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 Cache National Forest are hereby changed to exclude the areas indicated on the diagram hereto annexed and forming a part hereof.

And I do also proclaim that the following described lands, in Idaho, excluded from the Cache National Forest by this Proclamation are hereby temporarily withdrawn until March 5, 1919, in aid of pending legislation, under authority of the Act of Congress approved June twenty-fifth, nineteen hundred and ten (36 Stat., 847), as amended by the Act of August twenty-fourth, nineteen hundred and twelve (37 Stat., 497), to wit: The west half of section two (2), sections three (3), four (4), nine (9) and ten (10), township seven (7) south, range thirty-four (34), east; and that the east half of said section two (2), within the excluded area is hereby reserved for townsite purposes under Section. Twenty-three Hundred and Eighty, to be hereafter disposed of under Section Twenty-three Hundred and Eighty-one, United States Revised Statutes.

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 remainder of the excluded lands subject to disposition should be restored to homestead entry in advance of settlement or other forms of disposition, and pursuant to the authority reposed in me by the aforesaid act of September thirtieth, nineteen hundred and thirteen, I do hereby direct and provide that such lands, subject to valid rights and the provisions of existing withdrawals, and were classified ceded Indian lands are involved subject to the conditions applicable to such lands, shall be opened to entry only under the provisions of the homestead laws requiring residence, at and after, but not before, nine o'clock a. m. standard time, December 5, 1917, and to settlement and other disposition, under any public land law applicable thereto, at and after, but not before, nine o'clock a. m., December 12, 1917: Provided, that the rights of the State of Idaho under the provisions of the Act of Congress approved March

Page 983

third, eighteen hundred and ninety-three (27 Stat., 592), shall not be abridged in so far as any of such lands are affected thereby. Unsurveyed lands are not subject to the provisions of said act, but in the absence of a prior valid adverse right, the preference accorded the State of Idaho thereby, where the township has been surveyed and the plat thereof filed while the lands were reserved for forestry purposes, will attach immediately upon the restoration of such lands to selection and entry under the general land laws of the United States on December 12, 1917, as herein provided, and continue for sixty days.

The following described excluded lands in Idaho are in that portion of the former Fort Hall Indian Reservation within five miles of the town of Pocatello and will not be subject to disposition until classified and opened under the provisions of the Act of Congress approved March thirtieth, nineteen hundred and four (33 Stat., 153):

In T. 6 S., R. 34 E., Secs. 29, 30, 31, W½ NE¼,W½, NW¼ SE¼, S½ SE¼ Sec. 32, S ½ NE¼, SE¼ NW¼, S½ Sec. 33;

In T. 7 S., R. 34 E., Lots 4, 5, 6, 7 Sec. 6, S½ SE¼ Sec. 14, NE¼ N½ SE¼ Sec. 23, N½ SW¼, SE¼ Sec. 24, N½ NE¼ Sec. 25;

BOISE MERIDIAN.

Prospective applicants may, during the period of twenty days preceding the date on which the land shall become subject to entry, selection, or location of the form desired under the provisions of this Proclamation, execute their applications in the manner provided by law and present the same, accompanied by the required payments, to the proper United States land offices, in person, by mail, or otherwise, and all applications so filed, together with such as may be submitted at the hour fixed, shall be treated as though simultaneously filed and shall be disposed of in the manner prescribed by existing regulations. Under such regulations conflicts of equal rights will be determined by a drawing.

Warning is hereby given that no settlement initiated prior to seven days after the date for homestead entry above named will be recognized, but all persons who go upon any of the lands to be restored hereunder and preform any act of settlement thereon prior to nine o'clock a. m., standard time, December 12, 1917, or who are on or are occupying any part of said lands at such hour, except those having valid subsisting settlement rights initiated prior to withdrawal from settlement 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), entitled "An Act To provide for the entry of agricultural lands within forest reserves", and Acts amendatory, will be considered and dealt with as trespassers and will gain no rights whatever under such unlawful settlement or occupancy: Provided, however, that nothing herein contained shall prevent persons from going upon and over the lands to examine them with a view to thereafter appropriating them in accordance herewith. Persons having prior settlement rights or preferences, as above defined, will be allowed to make entry in accordance with existing law and regulations.

It is not intended by this proclamation to reserve any lands not immediately heretofore embraced in a national forest, nor to exclude any lands except the areas indicated as eliminations on the diagram hereto annexed.

In witness whereof, I have hereunto set my hand and cause the seal of the United States to be affixed.

Page 984

Done at the District of Columbia this ninth day of October, in the year of our Lord one thousand nine hundred and seventeen, and of the Independence of the United States the one hundred and forty second.

[SEAL.]

WOODROW WILSON

By the President
ROBERT LANSING,
Secretary of State.


Search | OSU Library Electronic Publishing Center

Produced by the Oklahoma State University Library
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu