Northern Pacific Railroad indemnity lands.

transfer entries to

NORTHERN PACIFIC RAILROAD LANDS.

An Act For the relief of settlers on Northern Pacific Railroad indemnity lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That those persons who, after the fifteenth day of August, in the year of our Lord eighteen hundred and eighty-seven, and before the first day of January, in the year eighteen hundred and eighty-nine, settled upon, improved, and made final proof on lands in the so-called second indemnity belt of the Northern Pacific Railroad Company's grant under the homestead and preemption Settlers on may laws of the United States, or their heirs, may transfer other vacant their said entries from said tracts to such other vacant surveyed Government land in compact form and in legal subdivisions, subject to entry under the homestead and preemption laws, as they may select, and receive final certificates and receipts therefor, in lieu of the tracts proved up on in said belt by the respective claimants: Transfer to be Provided, That such transfer of entry shall be made and ant, etc., only completed within twelve months from the date of the within a year. passage of this act and be so made in person by the claimant, or, in case of death, by his legal representative, and without the intervention of agent or attorney.

lands.

made by claim

Actual settlers failing to make

fer entries to unoccupied land.

dence.

SEC. 2. That all persons possessing the requisite proof may trans- qualifications under the preemption or homestead laws, who in good faith settled upon and improved land in said second indemnity belt, having made filing or entry of the same, and for any reason, other than voluntary abandonment, failed to make proof thereon, may, in lieu thereof, within one year after the passage of this act, transfer their claims to any vacant surveyed Government land subject to entry under the homestead or preemption laws, and make proof therefor as in other Credit for resi- cases provided; and in making such proof credit shall be given for the period of their bona fide residence and amount of their improvements upon their respective claims in the said indemnity belt, the same as if made on new selection: upon the tract to which the transfer is made: Provided, That no final entry shall be permitted, except upon proof of continuous residence upon the land, the subject of such new entry, for a period of not less than three months prior thereto. Payment for said final selection shall be made as under existing laws. The provisions of this act shall be carried into effect under such rules and regulations as may be prescribed by the Secretary of the Interior.

Residence, etc.,

Regulations.

Approved, October 1, 1890 (26 Stat., 647).

An Act For the relief of settlers on the Northern Pacific Railroad indemnity lands.

Northern Pacific

grant, Minnesota,

entries.

for entries not com

Be it enacted by the Senate and House of Representatives Settlers on of the United States of America in Congress assembled, second indemnity That those persons, their heirs, or legal representatives, allowed other who, between the fifteenth day of August, anno Domini lands for canceled eighteen hundred and eighty-seven, and the first day of January, anno Domini eighteen hundred and eightynine, settled upon and made final proof and entry, under the homestead or preemption laws, of lands within the so-called second indemnity belt of the Northern Pacific Railway Company's grant in the State of Minnesota, which entries were afterwards, without their fault, canceled, upon establishing the facts before the register and receiver of the local land office, in such mode and under such rules as may be prescribed by the Secretary of the Interior, shall be allowed to make final homestead entry, and receive a patent therefor, of a quantity of land of any of the unappropriated public lands of the United States subject to homestead entry, equal in acreage to the land proved up and entered in the said second indemnity belt, as aforesaid, without being required to make any settlement or improvement upon or cultiva- Allowance tion of such land so entered prior to such entry; and pleted. those persons, their heirs or legal representatives, who, within the period aforesaid for the space of six months settled upon, improved, and cultivated any of said indemnity lands with a view of entering the same under the homestead or preemption laws, being competent to make such entries, and who were not permitted to make such entries, upon establishing these facts before the register and receiver of the local land office, in such mode and under such rules as the Secretary of the Interior may prescribe, shall be allowed to enter under the homestead laws of the United States a quantity of land of the unappropriated public lands of the United States, subject to homestead entry, equal in amount to the land settled upon, improved, and cultivated, as aforesaid, and under the homestead entry so made, shall, when making proof and final entry, receive credit for the settlement, improvement, and cultivation made upon the said indemnity land as aforesaid: Provided, That the law in force in eighteen Commutations hundred and eighty-nine governing the commutation of homestead entries shall apply to the commutation of entries under this section.

SEC. 2. That those who are entitled to make the

permitted.

Entries on

homestead entries prescribed in the preceding section Chippewa lands. may make such entries of any of the agricultural lands embraced in the provisions of an act entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nine, upon condition of paying for such lands the price prescribed in said act.

Rights not assignable.

Northern Pa

cific Railroad, set

grant of.

Refusal of set

entry.

Relinquish

numbered

sec

SEC. 3. That the right of homestead entry conferred by the provisions of this act shall not be assignable, and no conveyance, sale, or transfer of the land so entered shall be valid or of any effect if made before patent has issued.

Approved, June 3, 1896 (29 Stat., 245).

Extract from the sundry civil appropriation act, approved July 1, 1898 (30 Stat., 620).

That where, prior to January first, eighteen hundred tlement on land and ninety-eight, the whole or any part of an odd-numbered section, in either the granted or the indemnity limits of the land grant to the Northern Pacific Railroad Company, to which the right of the grantee or its lawful successor is claimed to have attached by definite location or selection, has been purchased directly from the United States or settled upon or claimed in good faith by any qualified settler under color of title or claim of right under any law of the United States or any ruling of the Interior tler to transfer his Department, and where purchaser, settler, or claimant refuses to transfer his entry as hereinafter provided, the railroad grantee or its successor in interest, upon a proper ment of land by relinquishment thereof, shall be entitled to select in lieu railroad and selec- of the land relinquished an equal quantity of public lands, tion of lieu land. surveyed or unsurveyed, not mineral or reserved, and not valuable for stone, iron, or coal, and free from valid adverse claim or not occupied by settlers at the time of such selection, situated within any State or Territory into which such railroad grant extends, and patents shall issue for the land so selected as though it had been origiSelection of odd nally granted; but all selections of unsurveyed lands shall be of odd-numbered sections, to be identified by the survey when made, and patent therefor shall issue to and in the name of the corporation surrendering the lands before mentioned, and such patents shall not issue until List of settled after the survey: Provided, however, That the Secretary ered to company. of the Interior shall from time to time ascertain and, as soon as conveniently may be done, cause to be prepared and delivered to the said railroad grantee or its successor in interest a list or lists of the several tracts which have been purchased or settled upon or occupied as aforesaid, and are now claimed by said purchasers or occupants, their heirs or assigns, according to the smallest GovernTitle to relin- ment subdivisions; and all right, title, and interest of the revert to United said railroad grantee or its successor in interest in and to any of such tracts, which the said railroad grantee or its successor in interest may. relinquish hereunder shall revert to the United States, and such tracts shall be treated, under the laws thereof, in the same manner as if no rights thereto had ever vested in the said railroad. grantee, and all qualified persons who have occupied and may be on said lands as herein provided, or who have purchased said lands in good faith as aforesaid, their

tions.

tracts to be deliv

quished land to

States.

Settlers to prove title.

Selection of lieu

Settlements in

Northern Pa

cessor of Northern

heirs and assigns, shall be permitted to prove their titles to said lands according to law, as if said grant had never been made; and upon such relinquishment said Northern lands. Pacific Railroad Company or its lawful successor in interest may proceed to select, in the manner hereinbefore provided, lands in lieu of those relinquished, and patents shall issue therefor: Provided further, That the Lists, force of railroad grantee or its successor in interest shall accept the said list or lists so to be made by the Secretary of the Interior as conclusive with respect to the particular lands to be relinquished by it, but it shall not be bound to relinquish lands sold or contracted by it or lands which it uses or needs for railroad purposes, or lands valuable for stone, iron, or coal: And provided further, That whenever good faith. any qualified settler shall in good faith make settlement in pursuance of existing law upon any odd-numbered sections of unsurveyed public lands within the said railroad grant to which the right of such railroad grantee or its successor in interest has attached, then upon proof thereof satisfactory to the Secretary of the Interior, and a due relinquishment of the prior railroad right, other lands may be selected in lieu thereof by said railroad grantee or its successor in interest, as hereinbefore provided, and patents shall issue therefor: And provided further, That cife Railway not nothing herein contained shall be construed as intended recognized as sucor having the effect to recognize the Northern Pacific Pacific Railroad. Railway Company as the lawful successor of the Northern Pacific Railroad Company in the ownership of the lands granted by the United States to the Northern Pacific Railroad Company, under and by virtue of foreclosure proceedings against said Northern Pacific Railroad Company in the courts of the United States, but the legal question whether the said Northern Pacific Railway Company is such lawful successor of the said Northern Pacific Railroad Company, should the question be raised, shall be determined wholly without reference to the provisions of this act, and nothing in this act shall be construed as enlarging the quantity of land which the said Northern Pacific Railroad Company is entitled to under laws heretofore enacted: And provided further, tlers claims and That all qualified settlers, their heirs or assigns, who, selection of lieu prior to January first, eighteen hundred and ninety-eight, purchased or settled upon or claimed in good faith, under color of title or claim of right under any law of the United States or any ruling of the Interior Department, any part of an odd-numbered section in either the granted or indemnity limits of the land grant to the Northern Pacific Railroad Company to which the right of such grantee or its lawful successor is claimed to have attached by definite location or selection, may in lieu thereof transfer their claims to an equal quantity of public lands surveyed or unsurveyed, not mineral or reserved, and not valuable for stone, iron, or coal, and free from valid adverse claim, or not occupied by a settler at the time of such entry, situated

Transfer of set

lands.

etc.

in any State or Territory into which such railroad grant Proofs, credits, extends, and make proof therefor as in other cases pro

vided; and in making such proof, credit shall be given for the period of their bona fide residence and amount of their improvements upon their respective claims in the said. granted or indemnity limits of the land grant to the said Northern Pacific Railroad Company the same as if made upon the tract to which the transfer is made; and before the Secretary of the Interior shall cause to be prepared and delivered to said railroad grantee or its successor in interest any list or lists of the several tracts which have been purchased or settled upon or occupied as herein before Notice to set- provided, he shall notify the purchaser, settler, or claimant, his heirs or assigns, claiming against said railroad company, of his right to transfer his entry or claim, as herein provided, and shall give him or them option to take lieu lands for those claimed by him or them or hold his claim and allow the said railroad company to do so under the terms of this act.

tler.

Grant of land

to Northern Pa

exchange for land relinquished.

An Act To set aside a portion of certain lands in the State of Washington, now known as the Pacific Forest Reserve, as a public park, to be known as the Mount Ranier National Park.

SEC. 3. That upon execution and filing with the Sec cific Railroad in retary of the Interior, by the Northern Pacific Railroad Company, of of proper deed releasing and conveying to the United States the lands in the reservation hereby created, also the lands in the Pacific Forest Reserve which have been heretofore granted by the United States to said company, whether surveyed or unsurveyed, and which lie opposite said company's constructed road, said company is hereby authorized to select an equal quantity of nonmineral public lands, so classified as nonmineral at the time of actual Government survey, which has been or shall be made, of the United States not reserved and to which no adverse right or claim shall have attached or have been initiated at the time of the making of such selection, lying within any State into or through which the railroad of said Northern Pacific Railroad Company runs, to the extent of the lands so relinquished and reLieu lands to leased to the United States: Provided, That any settlers on lands in said national park may relinquish their rights thereto and take other public lands in lieu thereof, to the same extent and under the same limitations and conditions as are provided by law for forest reserves and national parks.

settlers.

Patent.

SEC. 4. That upon the filing by the said railroad company at the local land office of the land district in which any tract of land selected and the payment of the fees prescribed by law in analogous cases, and the approval of the Secretary of the Interior, he shall cause to be executed, in due form of law, and deliver to said company, a patent of the United States conveying to it the