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.
November 30, 1917. | 40 Stat., 1723.

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Whereas an Executive order dated September tenth, nineteen hundred and fourteen, directed that the lands included within the boundaries of the Zuni National Forest, Arizona and New Mexico, be transferred to and made a part of the Manzano National Forest; and

Whereas it appears that the following-described lands added to the Navajo Indian Reserve by Executive orders of November ninth, nineteen hundred and seven, and January twenty-eighth, nineteen hundred and eight, should be excluded therefrom and added to and made a part of the Manzano National Forest, to wit:

In T. 15 N., R. 13 W., N. M. P. M., W. ½ and SE. ¼ sec. 30, sec. 31, W. ½ and SE. ¼ sec. 32, secs. 33, 34, 35, and 36;

In T. 15 N., R. 14 W., N. M. P. M., SE. ¼ sec. 24, NE. ¼ and S. ½ sec. 25, S. ½ sec. 26, secs. 34, 35, and 36; and

Whereas it appears that the public good will be promoted by excluding from the Manzano National Forest certain areas within the States of Arizona and New Mexico, and withdrawing a portion thereof in New Mexico for Indian 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, do hereby vacate the said Executive orders of November ninth, nineteen hundred and seven, and January twenty-eighth, nineteen hundred and eight, in so far as they affect the above- described areas, and 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 Manzano National Forest are hereby changed to include the areas hereinabove described and indicated as additions on part two of the diagram hereto annexed and forming a part hereof, and to exclude the areas indicated as eliminations on parts one and two of such diagram.

The withdrawal for national-forest purposes made hereby 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.

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And I do also proclaim that the following-described areas, excluded from the Manzano National Forest by this proclamation, shall be, and they are hereby, withdrawn from settlement, entry, sale, or other disposition under the public land laws of the United States and set aside for the use and occupancy of the Zuni Indians and such other Indians as the Secretary of the Interior may see fit to locate therein, subject to valid rights initiated prior to the date hereof and maintained pursuant to law:

In T. 8 N., R. 16 W., N. M. P. M., secs. 4 and 5;

In T. 9 N., R. 16 W., N. M. P. M., secs. 5, 6, 7, 8, 17, 18, 19, 20, 28, 29, 32, and 33 ;

In T. 8 N., R. 17 W., N. M. P. M., sees. 5 to 9, inclusive, 13 to 22, inclusive;

In T. 9 N., R. 17 W., N. M. P. M., fractional secs. 1, 2, 3, 8, 9, 10, secs. 11 to 16, inclusive, fractional secs. 17, 18 secs. 19 to 23, inclusive, N. ½ sec. 24, sees. 27 to 33, inclusive;

In T. 8 N., R. 18 W., N. M. P. M., secs. 1 to 18, inclusive, sec. 24;

In T. 9 N., R. 18 W., N. M. P. M., fractional secs. 13, 22, 23, 24, secs. 25, 26, fractional secs. 27, 28, 29, 31, 32, secs. 33 to 36, inclusive;

In T. 11 N., R. 18 W., N. M. P. M., secs. 2, 3, 4, 5, 7 to 11, inclusive, 15 to 21, inclusive, 29, 30, and 31;

In T. 8 N., R. 19 W., N. M. P. M., fractional secs. 1, 2, 3, 8, 9, 10 secs. 11 to 16, inclusive, fractional secs. 17, 18, secs. 20, 21, 22, 23, N. ½ sec. 24;

In T. 9 N., R. 19 W., N. M. P. M., fractional sec. 36.

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 such 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, 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., February 11, 1918, and to settlement and other disposition, under any public land law applicable thereto, at and after, but not before, nine o'clock a. m., standard time, February 18, 1918. 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 perform any act of settlement thereon prior to nine o'clock a. in., standard time, February 18, 1918, 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 preference to make entry under the provisions of the act of Congress approved June eleventh, nineteen hundred and six (34 Stat., 233), entitled "An

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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.

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

Done in the District of Columbia this thirtieth day of November, 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.


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