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 3, 1916. | 39 Stat., 1774.

Margin Notes
Alamo National Forest, N. Mex. Preamble.
35 Stat., 2239; vol. 3, 685.
38 Stat., 113.
Area modified.
26 Stat., 1095.
30 Stat., 36.
Prior legal rights not affected.
Excluded lands restored to settlement.
38 Stat., 113.
Time of opening.
Warning against trespassing prior to opening.
34 Stat., 233.
Agricultural lands.
Examinations allowed.
Prior settlement rights, etc.

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Whereas an Executive Order dated February seventeenth, nineteen hundred and twelve, excluded from the Alamo National Forest those parts of the Mescalero Apache Indian Reservation included therein by proclamation of March second, nineteen hundred and nine;1 and

Whereas it appears that the public good will be promoted by adding certain lands to the Alamo National Forest, within the State of New Mexico, and by eliminating certain areas 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 Alamo National Forest are hereby changed to include the area 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 judgement it is proper and necessary in the interest of equal opportunity and good administration that all of the lands hereby excluded from the Alamo National Forest subject to disposition should be restored to settlement in advance of entry, and pursuant to the authority reposed in me by the aforesaid Act of September thirtieth, nineteen hundred and thirteen (38 Stat., 113), I do hereby direct and provide that such lands, subject to valid rights and the provisions of existing withdrawals, shall be opened and become subject to settlement only under the general provisions of the homestead laws, at and after, but not before, nine o'clock a. m., standard time, on the sixty-third day after the date of this proclamation, and to entry and other disposition under any public land law applicable thereto at and after, but not before, nine o'clock a. m., on the ninety-first day after said date.

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 of this proclamation until 9 o'clock a. m., standard time, on the sixty-third day from and after the date hereof, 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), entitled "An Act To provide for the entry of Agricultural lands within forest reserves", and


1 29 Opp. Atty. Genl., 239.

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acts amendatory, 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 thereafter to going upon and making settlement thereon when the lards 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.

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 3rd day of April, in the year of our Lord one thousand nine hundred and sixteen, and of the Independence of the United States the one hundred and fortieth.

[SEAL.]

WOODROW WILSON

By the President:
ROBERT LANSING,
Secretary of State.


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