For etc., increased. except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the stations, road, and may include grounds adjacent thereto for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road." TELEGRAPH AND TELEPHONE LINES THROUGH Extract from the Indian appropriation act, approved March 3, 1901 (31 Secretary of the SEC. 3. That the Secretary of the Interior is hereby Interior may grant rights of authorized and empowered to grant a right of way, in way for tele- the nature of an easement, for the construction, operathrough Indian tion, and maintenance of telephone and telegraph lines reservations. and offices for general telephone and telegraph business phones, etc., Damages. through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so No exemption construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the Regulating tolls right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this act: Provided, That incorporated cities and towns into or through which such telephone or tele Annual tax. Regulations. from State tax. reserved. . on line of con graphic lines may be constructed shall have the power to Rights of towns regulate the manner of construction therein, and noth-struction. ing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. * * * of lands allotted That lands allotted in severalty to Indians may be condemnation condemned for any public purpose under the laws of the in severalty. State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. Interior may to open highways SEC. 4. That the Secretary of the Interior is hereby, Secretary of the authorized to grant permission, upon compliance with grant permission such requirements as he may deem necessary, to the through Indian proper State or local authorities for the opening and reservations, etc. establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. PIPE LINES THROUGH INDIAN LANDS. An Act Authorizing the Secretary of the Interior to grant right of way for pipe lines through Indian lands. Be it enacted by the Senate and House of Representa- Indian lands. tives of the United States of America in Congress assem granted to oil and bled, That the Secretary of the Interior is hereby authorized and empowered to grant a right of way in the nature Right of way of an easement for the construction, operation, and pipe line, etc. maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or an Indian school, or for other purpose in connection with the Indian Service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Interior: Provided, Secretary of the That the construction of lateral lines from the main pipe prove location. line establishing connection with oil and gas wells on the lines. individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has Interior to ap Lateral pip Pipe lines laid under railroads. been obtained by the pipe line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to lay its lines. Compensation. under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing No exemption herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Rights of incor- Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing Use of right of herein shall authorize the use of such right of way except Annual tax. from State taxes. porated cities. way restricted. Time limit. Amendment. for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this act for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper. SEC 2. The right to alter, amend, or repeal this act is expressly reserved. Approved, March 11, 1904 (33 Stat., 65). SALES OF PUBLIC LANDS. See "Isolated Tracts." Page 157 308, 309 Public lands generally are not subject to sale. See acts of Act of March 3, 1909 (35 Stat., 1099)-Agreement to prevent UNITED STATES REVISED STATUTES. 305 308 309 309 309 lands in half SEC. 2353. All the public lands, the sale of which is Public sale of authorized by law, shall, when offered at public sale to quarter-sections. the highest bidder, be offered in half quarter-sections. what bodies. SEC. 2354. All the public lands, when offered at private Private sales in sale, may be purchased at the option of the purchaser in entire sections, half-sections, quarter-sections, half quarter-sections, or quarter quarter-sections. proceedings in. sales of public SEC. 2355. Every person making application at any of Private sales, the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, halfsection, quarter-section, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office. SEC. 2356. Credit shall not be allowed for the purchase- No credit on money on the sale of any of the public lands, but every lands. purchaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the land-office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase-money on any tract, before he enters the same at the land-office; and if any person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales. Price of lands SEC. 2357. The price at which the public lands are $1.25 per acre. offered for sale shall be one dollar and twenty-five cents 61002°-S. Doc. 547, 64-1-20 305 Public lands may be offered proportions as chooses. an acre; and at every public sale, the highest bidder who makes payment as provided in the preceding section shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twenty-five cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands along the line of railroads within the limits granted by any act of Congress shall be two dollars and fifty cents per acre. [The first section of the act of March 2, 1889, enacts that from and after the passage of that act "no public lands of the United States, except those in the State of Missouri, shall be subject to private entry."] SEC. 2358. Whenever the President is authorized to for sale in such cause the public lands in any land district to be offered the President for sale, he may offer for sale, at first, only a part of the lands contained in such district, and at any subsequent time or times he may offer for sale in the same manner any other part, or the remainder of the land contained in the same. Advertisement of sales. Duration sales. of Several certificates issued to chasers of same section. SEC. 2359. The public lands which are exposed to public sale by order of the President shall be advertised for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided. SEC. 2360. The public sales of lands shall, respectively, be kept open for two weeks, and no longer, unless otherwise specially provided by law. SEC. 2361. Where two or more persons have become two or more pur- purchasers of a section or fractional section, the register of the land office of the district in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than eighty acres. Purchase money refunded be confirmed. SEC. 2362. The Secretary of the Interior is authorized, where sale can not upon proof being made, to his satisfaction, that any tract of land has been erroneously sold by the United States, so that from any cause the sale can not be confirmed, to repay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. SEC. 2363. Where any tract of land has been erroneously sold, as described in the preceding section, and the money which was paid for the same has been invested in any stocks held in trust, or has been paid into Refunding in certain cases; how done. |