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States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein.

The building shall be unexposed to danger from fire by an open Open space. space of at least forty feet on each side, including streets and alleys.

Approved, January 12, 1891.

CHAP. 64.- An act to provide for the construction of a public building in the city of Stockton, California.

January 12, 1891.

Site.

Cost.

.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Stockton, Cal.

Public building, etc. of the Treasury be, and he is hereby, authorized and directed to acquire, by purchase, condemnation, or otherwise, a site, and cause to be erected thereon a suitable building, including fire-proof vaults, Building. heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office, landoffice, and other Government offices, in the city of Stockton and State of California, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of seventy-five thousand dollars.

Proposals for the sale of land suitable for said site shall be invited Proposals to be adby public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals.

Proposals made in response to said advertisement shall be addressed Responses. and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper to designate, to be examined in person by an agent of the Treasury Examination, etc., Department, who shall make written report to said Secretary of the by Treasury agent. results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites.

If, upon consideration of said report and accompanying papers, the Secretary of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, Appointment of comone of whom shall be an officer of the Treasury Department, which mission. commission shall also examine the said proposed sites, and such others as the Secretary of the Treasury may designate, and grant such hearings in relation thereto as they shall deem necessary; and Hearings. said commission shall, within thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the premises, accompanied by all statements, maps, plats, port. or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine the location of the building to be erected.

The compensation of said Commissioners shall be fixed by the Compensation of Secretary of the Treasury, but the same shall not exceed six dollars commissioners. per day and actual traveling expenses: Provided, however, That the member of said commission appointed from the Treasury Depart. Treasury member. ment shall be paid only his actual traveling expenses,

No money shall be used for the purpose mentioned until a valid Noexpenditure until title to the site for said building shall be vested in the United States, nor until the State of California shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except

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Examination and re

Determination of location.

Proviso.

valid title, etc., pass.

Open space.

the administration of the criminal laws of said State and the service of civil process therein.

The building shall be unexposed to danger from fire by an open space of at least forty feet on each side, including streets and alleys.

Approved, January 12, 1891.

Settlement upon reservations.

mission,

sioners.

tions.

January 12, 1891.

CHAP. 65.-An act for the relief of the Mission Indians in the State of California.

Be it enacted by the Senate and House of Representatives of the Mission Indians, Cal. United States of America in Congress assembled, That immedi

ately after the passage of this act the Secretary of the Interior shall Appointment of com- appoint three disinterested persons as commissioners to arrange a

just and satisfactory settlement of the Mission Indians residing in the State of California, upon reservations which shall be secured to

them as hereinafter provided. Duties of commis- SEC. 2. That it shall be the duty of said commissioners to select Selection of reserva- a reservation for each band or village of the Mission Indians

residing within said State, which reservation shall include, as far as practicable, the lands and villages which have been in the actual occupation and possession of said Indians, and which shall be sufficient in extent to meet their just requirements, which selection shall

be valid when approved by the President and Secretary of the InteAppraisal of im- rior. They shall also appraise the value of the improvements belongprovements.

ing to any person to whom valid existing rights have attached under the public-land laws of the United States, or to the assignee of such person, where such improvements are situated within the limits of any reservation selected and defined by said commissioners subject

in each case to the approval of the Secretary of the Interior. In Removals from con- cases where the Indians are in occupation of lands within the limits firmed private grants. of confirmed private grants, the commissioners shall determine and

define the boundaries of such lands, and shall ascertain whether there are vacant public lands in the vicinity to which they may be

removed. And the said commission is hereby authorized to emSurveyor and assist- ploy a competent surveyor and the necessary assistants.

SEC. 3. That the commissioners, upon the completion of their duReport.

ties, shall report the result to the Secretary of the Interior, who, if Issue of reservation no valid objection exists, shall cause a patent to issue for each of the trust-patents in com.

reservations selected by the commission and approved by him in fa vor of each band or village of Indians occupying any such reservation, which patents shall be of the legal effect, and declare that the

United States does and will hold the land thus patented, subject to Post, p. 713. the provisions of section four of this act, for the period of twenty-five

years, in trust, for the sole use and benefit of the band or village to which it is issued, and that at the expiration of said period the United States will convey the same or the remaining portion not previously patented in severalty by patent to said band or village, discharged

of said trust, and free of all charge or incumbrance whatsoever: Provisos.

Provided, That no patent shall embrace any tract or tracts to which Existing valid rights. existing valid rights have attached in favor of any person under any

of the United States laws providing for the disposition of the public domain, unless such person shall acquiesce in and accept the appraisal provided for in the preceding section in all respects and shall

thereafter, upon demand and payment of said appraised value, exeLieu-lands to accept- cute a release of all title and claim thereto; and a separate patent, in ing settlers.

similar form, may be issued for any such tract or tracts, at any time

thereafter. Any such person shall be permitted to exercise the same Settlers' rights. right to take land under the public-land laws of the United States as

though he had not made settlement on the lands embraced in said reservation; and a separate patent, in similar form, may be issued for

ants.

mon.

Terms of trust.

Allotments in sev.

Patents to allottees.

any tract or tracts at any time after the appraised value of the im- Lieu-lands to acceptprovements thereon shall have been paid: And provided further, ing railroads. That in case any land shall be selected under this act to which any railroad company is or shall hereafter be entitled to receive a patent, such railroad company shall, upon releasing all claim and title thereto, and on the approval of the President and Secretary of the Interior, be allowed to select an equal quantity of other land of like value in lieu thereof, at such place as the Secretary of the Interior shall determine: And provided further, That said patents declaring such lands to be held in trust as aforesaid shall be retained and kept Custody of trustin the Interior Department, and certified copies of the same shall be patents. forwarded to and kept at the agency by the agent having charge of the Indians for whom such lands are to be held in trust, and said copies shall be open to inspection at such agency,

SEC. 4. That whenever any of the Indians residing upon any reservation patented under the provisions of this act shall, in the eralty. opinion of the Secretary of the Interior, be so advanced in civilization as to be capable of owning and managing land in severalty, the Secretary of the Interior may cause allotments to be made to such Indians, out of the land of such reservation, in quantity as follows: To each head of a family not more than six hundred and forty acres Head of family. nor less than one hundred and sixty acres of pasture or grazing land, and in addition thereto not exceeding twenty acres, as he shall deem for the best interest of the allottee, of arable land in some suitable locality; to each single person over twenty-one years of age not less Single person. than eighty nor more than six hundred and forty acres of pasture or grazing land and not exceeding ten acres of such arable land.

SEC. 5. That upon the approval of the allotments provided for in the preceding section by the Secretary of the Interior he shall cause patents to issue therefor in the name of the allottees, which shall be of the legal effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State of California, and that at the expiration of said period the United States will convey the same by patent to the said Indian, or his heirs as aforesaid, in fee, discharged In fee. of said trust and free of all charge or incumbrance whatsoever. And if any conveyance shall be made of the lands set apart and Prior conveyances, allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That these patents, when issued, shall override the patent authorized to be Power of severalty issued to the band or village as aforesaid, and shall separate the patents. individual allotment from the lands held in common, which proviso shall be incorporated in each of the village patents.

Sec. 6. That in cases where the lands occupied by any band or Rights of Indians on village of Indians are wholly or in part within the limits of any confirmed private grant or grants, it shall be the duty of the AttorneyGeneral of the United States, upon request of thể Secretary of the Attorney-General to Interior, through special counsel or otherwise, to defend such defend, etc. Indians in the rights secured to them in the original grants from the Mexican Government, and in an act for the government and protection of Indians passed by the legislature of the State of California April twenty-second, eighteen hundred and fifty, or to bring any suit, in the name of the United States, in the Circuit Court of the United States for California, that may be found necessary to the full protection of the legal or equitable rights of any Indian or tribe of Indians in any of such lands.

SEC. 7. That each of the commissioners authorized to be appointed Compensation of by the first section of this act shall be paid at the rate of eight dollars per day for the time he is actually and necessarily employed in

In trust.

etc., void.

Proviso,

Mexican land grants. neces

patent.

may grant.

Conditions.

the discharge of his duties, and necessary traveling expenses; and

for the payment of the same, and of the expenses of surveying, the Appropriation. sum of ten thousand dollars, or so much thereof as may be

sary, is hereby appropriated out of any money in the Treasury not

otherwise appropriated. Rights of way across Sec. 8. That previous to the issuance of a patent for any reservareservations, prior to

tion as provided in section three of this act the Secretary of the Secretary of Interior Interior may authorize any citizen of the United States, firm, or

corporation to construct a flume, ditch, canal, pipe, or other appliFor water pipes, etc. ances for the conveyance of water over, across, or through such res

ervation for agricultural, manufacturing, or other purposes, upon condition that the Indians owning or occupying such reservation or reservations shall, at all times during such ownership or occupation, be supplied with sufficient quantity of water for irrigating and domestic purposes upon such terms as shall be prescribed in writing

by the Secretary of the Interior, and upon such other terms as he For railroads, etc. may prescribe, and may grant a right of way for rail or other roads Prorisos. through such reservation: Provided, That any individual, firm, or Conditional bond,etc. corporation desiring such privilege shall first give bond to the

United States, in such sum as may be required by the Secretary of the Interior, with good and sufficient sureties, for the performance of such conditions and stipulations as said Secretary may require as a

condition precedent to the granting of such authority: And provided Limit of distance. further, That this act shall not authorize the Secretary of the Inte

rior to grant a right of way to any railroad company through any reservation for a longer distance than ten miles. And any patent issued for any reservation upon which such privilege has been

granted, or for any allotment therein, shall be subject to such priviRights of way, after lege, right of way, or easement. issue of patents.

Subsequent to the issuance of any tribal patent, or of any individual trust patent as provided in section five of this act, any citizen of the United States, firm, or corporation may contract with the tribe, band, or individual for wliose use and benefit any lands are held in trust by the United States, for the right to construct a flume, ditch, canal, pipe, or other appliances

for the conveyance of water over, across, or through such lands, Subject to approval which contract shall not be valid unless approved by the Secretary of Secretary of Inte- of the Interior under such conditions as he may see fit to impose. rior.

Approved, January 12, 1891.

Public building, etc.

Cost.

January 12, 1891. CHAP. 66.-An act for the erection of a public building at Newburgh, New York.

Be it enacted by the Senate and House of Representatives of the Newburgh, N. Y. United States of America in Congress assembled, That the Secretary

of the Treasury be, and he is hereby, authorized and directed to acSite.

quire, by purchase, condemnation, or otherwise, a site and cause to Building. he erected thereon a suitable building, including fire-proof vaults,

heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office and other Government offices, in the city of Newburgh and State of New York, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to

exceed the sum of one hundred thousand dollars. Proposals to be ad

Proposals for the sale of land suitable for said site shall be invited vertised for.

by public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date

specified in said advertisement for the opening of said proposals. Responses.

Proposals made in response to said advertisements shall be ad

dressed and mailed to the Secretary of the Treasury, who shall then Examination, etc., cause the said proposed sites, and such others as he may think proper by Treasury agent. to designate, to be examined in person by an agent of the Treasury

and

Examination

.

Department, who shall make written report to said Secretary of the results of said examination, and of his recommendation thereon, and the reasons therefor, which shall be accompanied by the original proposals and all maps, plats, and statements which shall have come into his possession relating to the said proposed sites.

If, upon consideration of said report and accompanying papers, the Secretary of the Treasury shall deem further investigation necessary, he may appoint a commission of not more than three persons, one of Appointment of whom shall be an officer of the Treasury Department, which commis commission. sion shall also examine the said proposed sites, and such others as the Secretary of the Treasury may designate, and grant such hearings in Hearings. relation thereto as they shall deem necessary; and said commission shall, within

thirty days after such examination, make to the Secretary of the Treasury written report of their conclusion in the prem- report. ises, accompanied by all statements, maps, plats, or documents taken by or submitted to them, in like manner as herein before provided in regard to the proceedings of said agent of the Treasury Department; and the Secretary of the Treasury shall thereupon finally determine location the location of the building to be erected.

The compensation of said commissioners shall be fixed by the Sec- Compensation of retary of the Treasury, but the same shall not exceed six dollars

per day and actual traveling expenses: Provided, however, That the member of said commission appointed from the Treasury Depart. Treasury member. ment shall be paid only his actual traveling expenses.

No money shall be used for the purpose mentioned until a valid title to the site for said building shall be vested in the United States, pass. nor until the State of New York shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said State and the service of civil process therein.

The building shall be unexposed to danger from fire by an open Open space. space of at least forty feet on each side, including streets and alleys.

Approved, January 12, 1891.

Determination of

commissioners.

Proviso.

No expenditure until valid title, etc.,

Cost.

CHAP. 67.–An act to provide for the purchase of a site, and the erection of a January 12, 1891. public building thereon, at Danville, in the State of Illinois.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secre- Danville, III.

Public building, etc. tary of the Treasury be, and he is hereby, authorized and directed to acquire, by purchase, condemnation, or otherwise, a site, and Site. cause to be erected thereon a suitable building, including fire-proof Building vaults, heating and ventilating apparatus, elevators, and approaches, for the use and accommodation of the United States post-office and other Government offices, in the city of Danville and State of Illinois, the cost of said site and building, including said vaults, heating and ventilating apparatus, elevators, and approaches, complete, not to exceed the sum of one hundred thousand dollars.

Proposals for the sale of land suitable for said site shall be invited Proposals to be adby public advertisement in one or more of the newspapers of said city of largest circulation for at least twenty days prior to the date specified in said advertisement for the opening of said proposals.

Proposals made in response to said advertisement shall be addressed Responses. . and mailed to the Secretary of the Treasury, who shall then cause the said proposed sites, and such others as he may think proper to designate, to be examined in person by an agent of the Treasury Examination, etc., Department, who shall make written report to said Secretary of the by Treasury agent. results of said examination, and of his recommendation thereon,

vertised for.

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