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Homesteads.

Commission created,

Division of lands.

Proviso8.
Timber lands.

Reserved for dians.

ceeds derived from the sale of such lots and lands within the townsites 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. Price fixed by ap

SEC. 4. That the price of said lands entered as homesteads under praisement. 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 alloted 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 Organization. said tribe of Indians. That within twenty days after their appoint

ment the said commissioners shall meet and organize by the election Classification ap- of one of their number as chairman. The said commissioners shall praisement, etc.

then proceed to personally inspect, classify, and appraise, in one hundred 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 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 may be classified without regard to

In- acreage: And provided further, That all lands classified as timber Compensation, etc., lands shall be reserved for the use of the Rosebud Indians. That of commissioners.

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. Regulations.

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 lands the same

shall be subject to the approval of the Secretary of the Interior. chase price.

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 Commutation,

appraised price thereof: And provided, That nothing in this Act shall R.S., sec. 2301, p. 421. prevent homestead settlers from commuting their entries under sec

tion twenty-three hundred and one, Revised Statutes, by paying for the land entered the appraised price, receiving credit for payments previously made. In addition to the price to be paid for the land, the entryman 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

Payment of

pur

Forfeiture.

Provisos.

Fees and commissions.

.

Purchase of school

Price per acre.

Lieu lands.

Proviso.
Restriction of selec-

made all the required payments aforesaid he shall be entitled to a patent for the lands entered: And provided further, That all lands Reappraisal of unremaining 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.

Sec. 7. That from the proceeds arising from the sale and disposi- to Depasit of Indianede tion 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

Use of proceeds. the Treasury of the United States to the credit of said Indians shall be at all times subject to appropriation by Congress for their education, support, and civilization.

SEC. 8. That sections sixteen and thirty-six of the land in each lands for South Datownship within the tract described in section one of this Act shall kota. 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, with the approval of the Secretary of the Interior, is hereby authorized, 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 tion. to the State in any one township, and lands must be selected in lieu of sections sixteen or thirty-six, or both, or any part thereof, within the township in which the loss occurs, except in any township 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.

Sec. 9. That there is hereby appropriated, out of any money in the pas propria tranted Treasury not otherwise appropriated, the sum of not more than one South Dakota. 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 is hereby classification, etc.

for appropriated the further sum of thirty-five thousand dollars, or so much thereof as may be necessary, for the purpose of making the appraisement and classification provided for herein: Provided, That the latter appropriation, or any further appropriation hereafter made for the purpose of carrying out the provisions of this Act, shall be reimbursed to the United States from the proceeds received 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 Prohibition of in 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. SEC. 11. That nothing in this Act contained shall in any manner

Nonresponsibility of 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

Proviso,
Reimbursement,

United States.

Proviso.

affected.

and pay over the proceeds received from the sale thereof only as Treaty rights not received and as herein provided: Provided, That nothing in this Act

shall be construed to deprive the said Indians of the Rosebud Indian Reservation of any benefits to which they are entitled under existing treaties or agreements not inconsistent with the provisions of this Act.

Approved, May 30, 1910.

National Forest grant. ed for.

May 30, 1910.

CHAP. 261.–An Act Granting certain lands in the Coconino National Forest, in (H. R. 9301.)

Arizona, for observatory purposes. [Public, No. 195.)

Beit enacted by the Senate and lIouse of Representatives of the United LowellObservatory, States of America in Congress assembled, That there be, and hereby Lands in Coconino is, granted to Percival Lowell, his heirs and assigns, section numbered

seventeen, in township numbered twenty-one north of range seven east of the Gila and Salt River base and meridian, the said tract of land being within the Coconino National Forest, in the Territory of Arizona, for observatory purposes in connection with the Lowell Observatory: Provided, That in the event of the removal or abandonment of the said observatory or the use of said land by the grantee

for other than observatory purposes the said land shall revert to the Timber rights ex- United States: Provided further, That the title to the merchantable

timber thereon and the right to cut and remove the same in such manner as to preserve the herbage and undergrowth in their natural condition shall remain in the United States.

Approved, May 30, 1910.

Provisos.

Reversion for nonuser.

cluded,

June 1, 1910.

(H. R. 19070.) [Public, No. 196.]

CHAP. 263.-An Act To regulate the height of buildings in the District of Columbia.

limited.

Business buildings.

Be it enacted by the Senate and House of Representatives of the United District of Columbia States of America in Congress assembled, That from and after the proof dwellings, etc., date of the approval of this Act no combustible or nonfireproof

building in the District of Columbia used or occupied or intended to be used or occupied as a dwelling, flat, apartment house, tenement, lodging or boarding house, hospital, dormitory, or for any similar purpose shall be erected, altered, or raised to a height of more than four stories, or more than fifty feet in height above the sidewalk, and no combustible or nonfireproof building shall be converted to any of the uses aforesaid if it exceeds either of said limits of height.

SEC. 2. That from and after the date of the approval of this Act no combustible or nonfireproof building in the District of Columbia used or occupied or intended to be used or occupied for business purposes only shall be erected, altered, or raised to a height of more than sixty feet above the sidewalk, and no combustible or nonfireproof building shall be converted to such use if it exceeds said height.

Sec. 3. That all buildings in the District of Columbia, including

buildings of every kind, class, and description whatsoever, excepting Churches excepted churches only, hereafter erected, altered, or raised in any manner as

to exceed sixty feet in height shall be fireproof or noncombustible and of such fire-resisting materials, from the foundation up, as are now or at the time of the erecting, altering, or raising may be required by the building regulations of the District of Columbia.

Hotels, apartment houses, and tenement houses' hereafter erected, altered, or raised in any manner so as to be three stories in height or over and buildings hereafter converted to such uses shall be of fireproof construction up to and including the main floor, and there shall be no space on any floor of such structure of an area greater than two thousand five hundred square feet that is not completely inclosed by

Fireproof materials required for buildings exceeding 60 feet.

Hotels, etc.

Halls.

Churches.

Additions.

Plans,

fireproof walls, and all doors through such walls shall be of noncombustible materials.

Every building hereafter erected with a hall or altered so as to have a hall with a seating capacity of more than three hundred persons when computed, as provided by the building regulations, and every church hereafter erected or building hereafter converted for use as a church, with such seating capacity, shall be of fireproof construction up to and including the floor of such hall or the auditorium of such. church as the case may be.

SEC. 4. That additions to existing combustible or nonfireproof structures hereafter erected, altered, or raised to exceed the height limited by this Act for such structures shall be of fireproof construction from the foundation up, and no part of any combustible or nonfireproof building shall be raised above such limit or height unless that part be fireproof from the foundations up. Towers, spires, or domes, hereafter constructed more than sixty domese

Towers, spires, and feet above the sidewalk, must be of fireproof material from the foundation up, and must be separated from the roof space, choir loft, or balcony by brick walls without openings, unless such openings are protected by fireproof or metal-covered doors on each face of the wall.

Dome in square 345. That full power and authority is hereby granted to and conferred upon every person, whose application was filed in the office of the Commissioners of the District of Columbia prior to the adoption of the present building regulations of said District, to construct a steel fireproof dome on any buildings owned by such person, in square three hundred and forty-five of said District, as set forth in the plans and specifications annexed to or forming a part of such applications so filed, any other provision in this Act contained to the contrary notwithstanding. And the inspector of buildings of said District shall make no changes in said plans and specifications unless for the structural safety of the building it is necessary to do so.

Every theater hereafter erected and every building hereafter converted to use as a theater, and any building or the part or parts thereof under or over the theater so erected or the buildings so converted, shall be of fireproof construction from the foundation up and have fireproof walls between it and other buildings connected therewith, and any theater damaged to one-half its value shall not be rebuilt except with fireproof materials throughout and otherwise in accordance with the building regulations of the District of Columbia.

SEC. 5. That no building shall be erected, altered, or raised in the govern height. District of Columbia in any manner so as to exceed in height above the sidewalk the width of the street, avenue, or highway in its front, increased by twenty feet; but where a building or proposed building confronts a public space or reservation formed at the intersection of two or more streets, avenues, or highways, the course of which is not interrupted by said public space or reservation, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Where a building is to be erected or removed from all points within the boundary lines of its own lots, as recorded, by a distance at least equal to its proposed height above grade the limits of height for fireproof or noncombustible buildings in residence sections shall control, the measurements to be taken from the natural grades at the buildings as determined by the commissioners. No building shall be erected, altered, or raised in any manner as

Business streeis. to exceed the height of one hundred and thirty feet on a business street or avenue as the same is now or hereafter may be lawfully designated, except on the north side of Pennsylvania avenue between First and Fifteenth streets, northwest, where an extreme height of one hundred and sixty feet will be permitted.

Theaters.

Width of street to

Residence streets.

Corner lots.

Streets less than 90 feet wide.

Vol. 32, p. 913.

Towers, chimneys,

On a residence street, avenue, or highway no building shall be erected, altered, or raised in any manner so as to be over eighty feet in height to the top of the highest ceiling joists or over eighty-five feet in height at the highest part of the roof or parapet, nor shall the highest part of the roof or parapet exceed in height the width of the street, avenue, or highway upon which it abuts, diminished by ten feet, except on a street, avenue, or highway sixty to sixty-five feet wide, where a height of sixty feet may be allowed; and on a street, avenue, or highway sixty feet wide or less, where a height equal to the width of the street may be allowed.

The height of a building on a corner lot will be determined by the width of the wider street.

On streets less than ninety feet wide where building lines have been established and recorded in the office of the surveyor of the district, and so as to prevent the lawful erection of a building in advance of said line, the width of the street, in so far as it controls the height of buildings under this law, shall be held to be the distance

between said building lines. Adjoining public. On blocks immediately adjacent to public buildings or to the side buildings.

of any public building for which plans have been prepared and money appropriated at the time of the application for the permit to construct said building, the maximum height shall be regulated by

a schedule adopted by the Commissioners of the District of Columbia. Abutting Union Sta

Buildings hereafter erected to front or abut on the plaza in front tion plaza.

of the new Union Station provided for by Act of Congress approved February twenty-eighth, nineteen hundred and three, shall be fire

proof and shall not be of a greater height than eighty feet. sprinkler tanks, etc.

Spires, towers, domes, minarets, pinnacles, pent houses over elevator shafts, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks may be erected to a greater height than any limit prescribed in this Act when and as the same may be approved by the

Commissioners of the District cf Columbia: Provided, however, That Fireproof require

such structures when above such limit of height shall be fireproof, and no floor or compartment thereof shall be constructed or used for

human occupancy above the top story of the building upon which Distances from ex- such structures are placed: And provided, That pent houses, ventila

tion shafts, and tanks shall be set back from the exterior walls distances equal to their respective heights above the adjacent roof.

SEC. 6. That no wooden or frame building hereafter erected, altered, or converted for use as a human habitation shall exceed three stories or exceed forty feet in height to the roof.

SEC. 7. That for the purposes of this Act the height of buildings shall be measured from the level of the sidewalk opposite the middle of the front of the building to the highest point of the roof. If the building has more than one front, the height shall be measured from the elevation of the sidewalk opposite the middle of the front that will permit of the greater height. No parapet walls shall extend above the limit of height.

Sec. 8. That buildings erected, altered, or raised or converted in violation of any of the provisions of this Act are hereby declared to be common nuisances; and the owner or the person in charge of or maintaining any such buildings, upon conviction on information filed in the police court of the District of Columbia by the corporation counsel or any of his assistants in the name of said District, and which said court is hereby authorized to hear and determine such cases, shall be adjudged guilty of maintaining a common nuisance, and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars per day for each and every day such nuisance

shall be permitted to continue, and shall be required by said court Injunction proceed to abate such nuisance. The corporation counsel of the District of

Provisos.

ments.

terior walls.

Limit for frame dwellings.

Basis of measurement.

Violations declared nuisances.

Penalty.

ings.

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