Page:United States Statutes at Large Volume 26.djvu/849

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796 FIFTY-FIRST CONGRESS. Sess. Il. CHS. 383, 384. 1891. manner of Indian life the issue of such co-habitation shall be, for the 1u* ose aforesaid, taken and deemed to be the legitimate issue of tde Iiidians so living tolgether, and every Indian child, otherwise illegitimate, shall for suc purpose be taken and deemed to be the emma. legitimate issue of the father of such child: Provided, That the pro- _ rcuemkee outiew visions of this act shall not be held or construed as to apply to the ””’“ °‘°°P'°"· lands commonly called and known as the “Cherokee Out et ’: And cemm Sacs md provided further, That no allotment of lands shall be made or annui- F°"” °‘°°‘"'°°‘ ties of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January nrst, P¤¤*“!¤8¤·is¤t¤. sw.. eighteen hundred and ninety; but this shall not be held to impair "‘“"""“"°‘ or otherwise affect the rights or equities of any erson whose claim to membership in said tribe is now pending and being investigated. Approved, February 28, 1891. F¤b¤'¤¤'.Y2$» 1991- CHAP. 384.-An act to amend sections twenty-two hundred and seven€·i‘lve '“"""‘""“" and twenty-two hundred and seventy-six of the Revised Statutes of the nited States providing for the selection of lands for educational purposes in lieu of those appropriated for other purposes. Be it enacted by the Senate cmd Hoetse of Representatives of the ggbuc mae, mum United States of America in Congress assembled, That sections mma tm, mu suse- twenty-two hundred and seventy-five and twent(y—two hundred and ,;*;*,.*}*,,,,,*;,9 {‘;‘*’*§{h‘·{,"§{ seventy-six of the Revised Statutes of the Unite State be amended kms.to as follows: . ap. s., sw. us. it "Sec. 2275. Where settlements withaview to fpre-emption or home- ' . stead have been, or shall hereafter be made, be one the survey of the

c:: lands in the field, which are found to have been made on sections

f,',"§_’;,{,’{,‘j,,,,, u;",,,,. sixteen or thirty-six, those sections shall be subject to the claims of ¤¤¤‘<=l··*¤¤¤· such settlers; and if such sections, or either of them, have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State or Territory in which they lie, other lands of equal Lieu mus, where acreage are hereby appropriated and granted, and may be selected wu?! l“"°“ °h“" by said State or erritory, in lieu of such as may be thus taken by pre-emption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted, and may be selected Wh¤r¤¤<=h¤¤1 buds by said State or erritory where sections sixteen or t irty-six are '§_°°°h°'"'"”“’°°°d mineral land, or are included within any Indian, military, or other reservation, or are otherwise dis osed of by the United States: Pro- 9·¤v¥•¤•· vided, Where an_y State is entitled to said sections sixteen and thirt 7- Jgm brpcbr ¢<> six, or where said sections are reserved to any Territory, notwith-

.‘¤,,, hm., °°l°°° standing the same may be mineral land or embraced within a military,

Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections. And other lands of e ual acreage are also hereby appropriated

 and granted, and may be setlected by said State or Territory to comm, ° °° pensate deficiencies for school purposes, where sections sixteen or

thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural w¤J;·g;L¤¤ 1¤¤¤]r§¤r cause whatever."And it shall be the duty of the Secretary of the ueiuqeumwuing Interior, without awaiting the extension of the public surveys, to °"""°“'· ascertain and determine, by protraction or otherW1se, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State or Territory shall he entitled to select indemnity lands to the extent of two sections for _ each of said townships, in lieu of sections sixteen and thirty-six I·*"““‘*°"· therein; but such selections may not be made within the boundaries ofsaid reservations: Provided, ho·u·ez·er, That nothing herein con- °;·;_gej§gg{§ysg;¤*i<{ tained shall prevent any State or Territory from awaiting the uc domain, for schgci extinguishment of any such military. Indian. or other reservation '°°'*°”- and the restoration of the lands therein embraced to the public