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Food supplies.

Cost at farm and to consumer.

Scientific work.

for.

MISCELLANEOUS.

And the Secretary of Agriculture is hereby authorized to investigate the cost of food supplies at the farm and to the consumer, and to disseminate the results of such investigation in whatever manner he may deem best; this authorization to be effective upon the approval of this Act.

That hereafter the maximum salary of any scientific investigator in Maximum salary the city of Washington, or other employee engaged in scientific work, paid from the general appropriation, shall not exceed four thousand dollars per annum.

Diseased cattle.

Fences on interna

Hereafter the Secretary of Agriculture may permit the erection of tional boundary, to fences along international boundary lines, but entirely within the territory of the United States, for the purpose of keeping out diseased animals.

keep out.

Detailed estimates

ployees.

The Secretary of Agriculture for the fiscal year nineteen hundred required for all em- and twelve, and annually thereafter, shall transmit to the Secretary of the Treasury for submission to Congress in the Book of Estimates detailed estimates for all executive officers, clerks, and employees below the grade of clerk, indicating the salary or compensation of each, necessary to be employed by the various bureaus, offices, and divisions. of the Department of Agriculture.

May 27, 1910. [S. 2341.]

[Public, No. 191.]

Pine Ridge Indian Reservation, S. Dak.

Sale of lands in.

Description.

excepted.

Total carried by this bill for the Department of Agriculture, thirteen million four hundred and eighty-seven thousand six hundred and thirty-six dollars.

Approved, May 26, 1910.

CHAP. 257.-An Act To authorize the sale and disposition of the surplus and unallotted lands in Bennett County, in the Pine Ridge Indian Reservation, in the State of South Dakota, and making appropriation to carry the same into effect.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed, as hereinafter provided, to sell and dispose of all that portion of the Pine Ridge Indian Reservation, in the State of South Dakota, lying and being in Bennett County and described as follows: Beginning at a point on the eastern boundary line of the Pine Ridge Indian Reservation, in South Dakota, where the same intersects the boundary line between the States of South Dakota and Nebraska; thence north along said eastern boundary line to the township line separating townships thirty-nine and forty; thence west along said township line to the fifth guide meridian; thence south along said fifth guide meridian to the boundary line between the said States of South Dakota and Nebraska; thence east along said state line to the place of beginning, Timber lands, etc., except such portions thereof as have been or may be hereafter allotted to Indians or otherwise reserved, and except lands classified as timber lands: Provided, That any Indians to whom allotments have been made on the tract to be ceded may, in case they elect to do so before said lands are offered for sale, relinquish same and select allotments in lieu thereof on the diminished reservation: And provided further, Lands reserved for That the Secretary of the Interior may reserve such lands as he may deem necessary for agency, school, and religious purposes, to remain reserved as long as needed, and as long as agency, school, or religious institutions are maintained thereon, for the benefit of said Indians: Patents to religious And provided further, That the Secretary of the Interior is hereby authorized and directed to issue a patent in fee simple to the duly authorized missionary board, or other authority, of any religious organization, heretofore engaged in mission or school work on said reservation for such lands thereon (not included in any town-site hereinafter provided for) as have heretofore been set apart to such organization for mission or school purposes.

Provisos. Relinquishment of allotments.

agency, etc.

organizations.

Opened

to settle

SEC. 2. That the lands shall be disposed of under the general pro- ment by proelamavisions of the homestead and town-site laws of the United States, tion. and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which the lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occupy, or enter any of said lands except as prescribed. in such proclamation: Provided, That prior to said proclamation Provisos. the allotments within the portion of the said Pine Ridge Reservation completed. to be disposed of as described herein shall have been completed: Provided further, That the rights of honorably discharged Union soldiers and sailors of the late civil and Spanish wars or Philippine fected." insurrection, as defined and described in sections twenty-three and four and twenty-three hundred and five of the Revised Statutes, as amended by the Act of March first, nineteen hundred and one, shall not be abridged.

Allotments to be

not af

Rights of soldiers
and sailors
R. S., sec. 2304, 2305,
Vol. 31, p. 847.

p. 422.

Townsites.
Reservation for, be-

by South Dakota.

R. S., sec. 2381, p. 436.

SEC. 3. That before any of the land is disposed of, as hereinafter provided, and before the State of South Dakota shall be permitted fore school selections to select or locate any lands to which it may be entitled by reason of the loss of sections sixteen or thirty-six, or any portions thereof, by reason of allotments thereof to any Indian or Indians, the Secretary of the Interior is authorized to reserve from said lands such tracts for town-site purposes as in his opinion may be required for the future public interests, and he may cause same to be surveyed into Surveys, etc. lots and blocks and disposed of under such regulations as he may prescribe, in accordance with section twenty-three hundred and eighty-one of the Revised Statutes of the United States; and he is hereby authorized to set apart and reserve for school, park, and other public purposes not more than ten acres in any town-site, and patents shall be issued for the lands so set apart and reserved for school, park, and other public purposes to the municipality legally charged with the care and custody of lands donated for such purposes. The purchase price of all town lots sold in town-sites, as hereinafter provided, shall be paid at such time and in such installments as the Secretary of the Interior may direct, and he shall cause not more than twenty per centum of the net proceeds arising from such sales to be set apart and expended under his direction in aiding the construction of schoolhouses or other public buildings or in improvements within the town-sites in which such lots are located. The net proceeds derived from the sale of such lots and lands within the town-sites as aforesaid, less the amount set aside to aid in the construction of schoolhouses or other public buildings or improvements, shall be credited to the Indians as hereinafter provided.

Payment, etc.

Use of net proceeds.

Homesteads.

Price fixed by ap

praisement. Commission created.

SEC. 4. That the price of said lands entered as homesteads under the provisions of this Act shall be fixed by appraisement as herein provided. The President shall appoint a commission to consist of three persons to classify, appraise, and value all of said lands that shall not have been allotted in severalty to said Indians, or reserved by the Secretary of the Interior, or otherwise disposed of, and excepting sections sixteen and thirty-six or other lands which may be selected in lieu thereof by the State of South Dakota, in each of said townships, said commission to be constituted as follows: One resident citizen of the State of South Dakota, one representative of the Interior Department, and one person holding tribal relations with said tribe of Indians. That within twenty days after their appointment the said commissioners shall meet and organize by the election of one of their number as chairman. The said commissioners shall then proceed to personally inspect, classify, and appraise, in one hundred praisement, etc. and sixty acre tracts each, all of the remaining unallotted lands embraced within that portion of the reservation described in section one of this Act. In making such classification and appraisement

Organization,

Classification, ap.

Division of lands.

Provisos.
Timber lands.

dians.

Reserved for In
Compensation, etc.,

of commissioner.

Regulations.

Payment of purchase price.

said lands shall be divided into the following classes: First, agricultural land of the first class; second, agricultural land of the second class; third, grazing land; fourth, timber land; fifth, mineral land, if any, but the mineral and timber lands shall not be appraised: Provided, That timber lands shall be classified without regard to acreage: And provided further, That all lands classified as timber lands shall be reserved for the use of the Pine Ridge Indians. That said commissioners shall be paid a salary of not to exceed ten dollars per day each while actually employed in the inspection, classification and appraisement of said lands, and necessary expenses exclusive of subsistence to be approved by the Secretary of the Interior, such inspection, classification and appraisement to be completed within six months from the date of organization of said commission.

SEC. 5. That said commission shall be governed by regulations prescribed by the Secretary of the Interior, and after the completion of the classification and appraisement of all of said land the same shall be subject to the approval of the Secretary of the Interior.

SEC. 6. That the price of said lands disposed of under the homestead laws shall be paid in accordance with rules and regulations to be prescribed by the Secretary of the Interior upon the following terms: One-fifth of the purchase price to be paid in cash at the time of entry, and the balance in five equal annual installments, to be paid in two, three, four, five, and six years, respectively, from and after the date of entry. In case any entryman fails to make the annual payments, or any of them, when due, all rights in and to the land covered by his entry shall cease, and any payments theretofore made shall be forfeited and the entry canceled, and the lands shall be again subject to entry under the provisions of the homestead law at the appraised price thereof: Provided, That nothing in this Act shall prevent R. S., sec. 2301, p. 421. homestead settlers from commuting their entries under section

Forfeiture.

Provisos.

Commutation.

sions.

twenty-three hundred and one, Revised Statutes, by paying for the land entered the appraised price, receiving credit for payments Fees and commis- previously made. In addition to the price to be paid for the land, theentryman shall pay the same fees and commissions at the time of commutation or final entry as now provided by law where the price of land is one dollar and twenty-five cents per acre, and when the entryman shall have complied with all the requirements and terms of the homestead laws as to settlement and residence and shall have made all the required payments aforesaid he shall be entitled to a patent for the Reappraisal of un- lands entered: And provided further, That all lands remaining undisposed of at the expiration of four years from the opening of said lands to entry may, in the discretion of the Secretary of the Interior, be reappraised in the manner provided for in this Act.

disposed of lands.

Deposit of proceeds to credit of Indians.

Use of proceeds.

lands for South Dakota.

Price per acre.

SEC. 7. That from the proceeds arising from the sale and disposition of the lands aforesaid, exclusive of the customary fees and commissions, there shall be deposited in the Treasury of the United States, to the credit of the Indians belonging and having tribal rights on the said reservation, the sums to which the said tribe may be entitled, which shall draw interest at three per centum per annum; that the moneys derived from the sale of said lands and deposited in the Treasury of the United States to the credit of the said Indians shall be at all times subject to appropriation by Congress for their education, support, and civilization.

Purchase of school SEC. 8. That sections sixteen and thirty-six of the land in each township within the tract described in section one of this Act shall not be subject to entry, but shall be reserved for the use of the common schools, and paid for by the United States at two dollars and fifty cents per acre, and the same are hereby granted to the State of South Dakota for such purpose, and in case any of said sections, or parts thereof, are lost to said State by reason of allotments thereof to any Indian or Indians, or otherwise, the governor of said State,

Lieu lands.

Proviso.

Restriction of selec

with the approval of the Secretary of the Interior, is hereby author-
ized, within the area described in section one of this Act, to locate
other lands not otherwise appropriated, which shall be paid for by
the United States as herein provided, in quantity equal to the loss,
and such selections shall be made prior to the opening of such lands
to settlement: Provided, That in any event not more than two
sections shall be granted to the State in any one township, and lands tion.
must be selected in lieu of sections sixteen or thirty-six, or both, or
any part thereof, within the townships in which the loss occurs,
except in any townships where there may not be two sections of
unallotted lands, in which event whatever is required to make two
sections may be selected in any adjoining township.

Appropriation to pay for lands granted

Appropriation for

SEC. 9. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of not more than South Dakota. one hundred and twenty-five thousand dollars, or so much thereof as may be necessary, to pay for the lands granted to the State of South Dakota, as provided in section eight of this Act. And there classification, etc. is hereby appropriated the further sum of thirty-five thousand dollars, or so much thereof as may be necessary, for the purpose of making the appraisement, classification, and allotment provided for herein: Provided, That the latter appropriation, or any further appropriation Reimbursement. hereafter made for the purpose of carrying out the provisions of this Act, shall be reimbursed to the United States from the proceeds from the sale of the lands described herein or from any money in the Treasury belonging to said Indian tribe.

SEC. 10. That the lands allotted, those retained or reserved, and the surplus land sold, set aside for town-site purposes, granted to the State of South Dakota, or otherwise disposed of, shall be subject for a period of twenty-five years to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country.

Proviso.

Prohibition of intoxicants.

Nonresponsibility of

SEC. 11. That nothing in this Act contained shall in any manner United States. bind the United States to purchase any portion of the land herein described, except sections sixteen and thirty-six, or the equivalent in each township, or to dispose of said land except as provided herein, or to guarantee to find purchasers for said lands or any portion thereof, it being the intention of this Act that the United States shall act as trustee for said Indians to dispose of the said lands, and to expend and pay over the proceeds received from the sale thereof only as received and as herein provided: Provided, That nothing in this Act shall be construed to deprive the said Indians of the Pine Ridge Indian affected. Reservation of any benefits to which they are entitled under existing treaties or agreements not inconsistent with the provisions of this Act. Approved, May 27, 1910.

CHAP. 258.—An Act To amend an Act entitled "An Act to provide a government for the Territory of Hawaii," approved April thirtieth, nineteen hundred.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an Act entitled "An Act to provide a government for the Territory of Hawaii." approved April thirtieth, nineteen hundred, is hereby amended to read as follows:

Proviso.
Treaty rights not

May 27, 1910. [S. 3360.] [Public, No. 192.] Hawaii. Government in.

General laws of Vol. 31, p. 141, amended.

Proviso.
Territorial provi

"SEC. 5. That the Constitution, and, except as otherwise provided, United States. all the laws of the United States, including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and forty-one to eighteen hundred and ninety-one, inclusive, nineteen hundred and sions excepted. ten and nineteen hundred and twelve, of the Revised Statutes, and pp. 326-333; secs. 1910, the amendments thereto, and an Act entitled 'An Act to prohibit the 1924, p. 170. passage of local or special laws in the Territories of the United States,

R. S., secs. 1841-1891,

Legislature.

Compensation of members increased.

amended.

to limit territorial indebtedness, and for other purposes,' approved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii."

SEC. 2. That section twenty-six of said Act is hereby amended to read as follows:

"SEC. 26. That the members of the legislature shall receive for their Vol. 31, p. 146, services, in addition to mileage at the rate of ten cents a mile each way, the sum of six hundred dollars for each regular session, payable in three equal installments on and after the first, thirtieth, and fiftieth days of the session, and the sum of two hundred dollars for each special session: Provided, That they shall receive no compensation for any extra session held under the provisions of section fifty-four of this Act."

Proviso.

Extra sessions for appropriation bills. Vol. 31, p. 150. Appropriations.

Legislature to make. Vol. 31, p. 149, amended.

Legislative powers. Vol. 31, p. 150, amended.

Indebtedness re

stricted.

Maximum.

Term of bonds.

Proviso.

Condemnations for public uses.

Public lands.

Vol. 31, p. 155, amended.

Issue of certificates, leases, and agreements limited.

SEC. 3. That section fifty-two of said Act is hereby amended to read as follows:

"SEC. 52. That appropriations, except as herein otherwise provided, shall be made by the legislature.'

SEC. 4. That section fifty-five of said Act is hereby amended so that the part thereof relating to public indebtedness and beginning with the words "nor shall any debt" shall read as follows: "Nor shall any debt be authorized to be contracted by or on behalf of the Territory, or any political or municipal corporation or subdivision thereof, except to pay the interest upon the existing indebtedness, to suppress insurrection, or to provide for the common defense, except that in addition to any indebtedness created for such purposes the legislature may authorize loans by the Territory, or any such subdivision thereof, for the erection of penal, charitable, and educational institutions, and for public buildings, wharves, roads, harbor, and other public improvements, but the total of such indebtedness incurred in any one year by the Territory or any such subdivision shall not exceed one per centum of the assessed value of the property in the Territory or subdivision, respectively, as shown by the then last assessments for taxation, whether such assessments are made by the Territory or the subdivision or subdivisions, and the total indebtedness of the Territory shall not at any time be extended beyond seven per centum of such assessed value of property in the Territory and the total indebtedness of any such subdivision shall not at any time be extended beyond three per centum of such assessed value of property in the subdivision, but nothing in this Act shall prevent the refunding of any indebtedness at any time; nor shall any such loan be made upon the credit of the public domain or any part thereof; nor shall any bond or other instrument of any such indebtedness be issued unless made payable in not more than thirty years from the date of the issue thereof; nor shall any such bond or indebtedness be issued or incurred until approved by the President of the United States: Provided, That the legislature may by general act provide for the condemnation of property for public uses, including the condemnation of rights of way for the transmission of water for irrigation and other purposes.'

SEC. 5. That section seventy-three of said Act is hereby amended by adding thereto the following:

"No person shall hereafter be entitled to receive any certificate of occupation, right of purchase lease, cash freehold agreement, or special homestead, agreement who or whose husband or wife shall previously have taken or held any land under any such certificate, lease, or agreement hereafter made or issued, or under any homestead lease or patent based thereon; or who or whose husband or wife, or both of them, shall then own other land in the Territory, the combined area of which and the land in question exceeds eighty acres; or who is an alien, unless he has declared his intention to become a Citizenship re- citizen of the United States as provided by law; nor shall any person who, having so declared his intention, shall hereafter take or hold

quired.

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