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And the amount of any duties in excess of thirty-five per centum ad valorem, paid since the twelfth day of March, eighteen hundred and eighty, upon any of the articles herein before named, which shall be shown as aforesaid to have been imported under such contracts, shall be refunded to the parties entitled thereto out of any money in the Treasury, not otherwise appropriated. [June 14, 1880.]
June 16, 1880. 21 Stat. L., 310.
JOINT RESOLUTION AUTHORIZING THE SECRETARY OF THE INTERIOR TO CERTIFY
Lands selected by Kansas for school purposes confirmed to State, &c.
Whereas, the United States has sold and disposed of sections sixteen and thirty-six in certain Indian reservations embraced within the territorial limits of the State of Kansas, in pursuance of treaty obligations; and Whereas the State of Kansas, in pursuance of a decision of the General Land Office, dated August fourteenth, eighteen hundred and seventy-seven, has selected for school purposes other equivalent lands in lieu of such sections sixteen and thirty-six, disposed of as aforesaid: Therefore,
Resolved, &c., That the lands so selected by the State of Kansas be, by Kansas for and the same are hereby, confirmed to said State; and the Secretary of school purposes the Interior be, and hereby is, authorized to certify the same to said confirmed to State, &c. State, in lieu of sections sixteen and thirty-six, sold and disposed of by the United States, within the limits of any former Indian reservation as aforesaid. [June 16, 1880.]
ENACTED BY THE
FORTY-SIXTH CONGRESS-THIRD SESSION
THE YEARS 1880-1881.
NOTE.-The omitted chapters and parts of chapters are private, special, local, or temporary acts not
In the margin and in the notes, the letters R. S. refer to the Revised Statutes, and STAT. L. to the
AN ACT TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO DISPOSE OF A PART OF
Fort Dodge military reservation, in Kansas, in part, to be offered to homestead settlers.
-part may be purchased by Atchison, Topeka
Whereas, that portion of the Fort Dodge military reservation hereinafter described is no longer needed for military purposes: Therefore,
Dec. 15, 1880. 21 Stat. L., 311.
Fort Dodge military reservation, in Kansas, in part, to be offered to
Be it enacted, &c., That it shall be the duty of the Secretary of the Interior to cause all that portion of the Fort Dodge military reservation, in the State of Kansas, being and lying north of land owned and occupied by the Atchison, Topeka and Santa Fe Railroad Company for right homestead settlers. of way for its railroad; and to cause the same to be surveyed, section- R. S., §§ 2287– ized, and subdivided as other public lands, and after said survey to offer 2317. said lands to actual settlers only, under and in accordance with the homestead laws of the United States:
Provided, That the said Atchison Topeka and Santa Fe Railroad Com- part may be purpany shall have the right to purchase such portion of said reservation chased by Atchias it may need for its use adjoining that now owned by it, not exceeding Santa Fé Railroad son, Topeka and one hundred and sixty acres, by paying therefor the price at which the Company. same may be appraised under the direction of the Secretary of the Interior. [December 15, 1880.]
Dec. 17, 1880.
21 Stat. L., 311.
Fees of registers
AN ACT TO AMEND SECTION TWENTY-TWO HUNDRED AND THIRTY-EIGHT OF THE RE-
Fees of registers and receivers for final land certificates in donation cases.
Be it enacted, &c., That the sixth paragraph of section twenty-two and receivers for hundred and thirty-eight of the Revised Statutes of the United States cates in donation be, and the same is hereby, repealed, and that in lieu thereof the following paragraph be substituted:
final land certifi
R. S., § 2238, par. 6.
"A fee in donation cases of two dollars and fifty cents for each final certificate for one hundred and sixty acres of land, five dollars for three hundred and twenty acres, and seven dollars and fifty cents for six hundred and forty acres." [December 17, 1880.]
Dec. 23, 1880.
21 Stat. L., 312.
Sessions of Ter
tures limited to
AN ACT AMENDING SECTION EIGHTEEN HUNDRED AND FIFTY-TWO OF THE REVISED
Sessions of Territorial legislatures limited to sixty days.
Be it enacted, &c., That section eighteen hundred and fifty-two be, and the same hereby is, so amended as to read as follows:
"SEC. 1852. The sessions of the legislative assemblies of the several Territories of the United States shall be limited to sixty days' duration." [December 23, 1880.]
Dec. 23, 1880.
21 Stat. L., 313.
Bridge over Saint Mary's River
AN ACT TO AUTHORIZE THE CONSTRUCTION OF A FIXED BRIDGE OVER THE SAINT
1. Bridge over Saint Mary's River in Charlton
-declared to be head of navigation.
Be it enacted, &c.
2. Act may be altered by Congress, and Secretary of War may cause changes in bridge, &c., to be made if navigation is obstructed.
[SECTION 1], That the Waycross and Florida Railway Company and in Charlton Coun- the East Florida Railroad Company be, and they are hereby, authorized ty, Georgia, au- to construct a fixed bridge with one span over the Saint Mary's River
at the point selected by said companies for crossing said river with their railroad line, about one and one-half miles below Trader's Hill, in Charlton County, Georgia, and to make such bridge of such height as they may see fit:
Provided, The height be sufficient to permit the passage of timber rafts under said bridge;
And such proposed railroad crossing and bridge are hereby declared to be the head of navigation on the said Saint Mary's River.
tered by Congress, SEC. 2. That Congress reserves the right to alter or amend or repeal and Secretary of this act at any time and that if at any time the navigation of the said War may cause river shall in any way be obstructed or impaired by the said bridge the &c., to be made if Secretary of War shall have authority and it shall be his duty to require navigation is ob- the said railroad companies to alter and change the said bridge at their own expense in such manner as may be proper to secure free and complete navigation without impediment, and if upon reasonable notice to said railroad companies to make such change or improvements they shall fail to do so the Secretary of War shall have authority to make the same and all the rights conferred by this act shall be forfeited, and Congress shall have power to do any and all things necessary to secure the free navigation of the river. [December 23, 1880.]
AN ACT FOR THE RELIEF OF CERTAIN SETTLERS ON RESTORED RAILROAD LANDS.
Jan. 13, 1881.
21 Stat. L., 315.
Settlers on rail
Be it enacted, &c., That all persons who shall have settled and made valuable and permanent improvements upon any odd numbered section road lands restored of land within any railroad withdrawal in good faith and with the per- permitted to purto public domain mission or license of the railroad company for whose benefit the same chase same within shall have been made, and with the expectation of purchasing of such limited time. company the land so settled upon, which land so settled upon and improved, may, for any cause, be restored to the public domain, and who, at the time of such restoration, may not be entitled to enter and acquire title to such land under the pre-emption, homestead, or timber-culture acts of the United States, shall be permitted, at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Office may prescribe, to purchase not to exceed one hundred and sixty acres in extent of the same by legal sub-divisions, at the price of two dollars and fifty cents per acre, and to receive patents therefor. [January 13, 1881.]
AN ACT FOR THE RELIEF OF THE WINNEBAGO INDIANS IN WISCONSIN, AND TO AID
Whereas a large number of the Winnebago Indians of Wisconsin have selected and settled in good faith upon homestead claims, under section fifteen of the act entitled "An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and seventy-five, and prior years, and for other purposes", approved March third, eighteen hundred and seventy five, and all said Indians having sig. nified their desire and purpose to abandon their tribal relations and adopt the habits and customs of civilized people, and avail themselves of the benefits of the aforesaid act, but in many instances are unable to do so on account of their extreme poverty; and
Whereas a portion of the funds belonging to said Winnebago Indians of Wisconsin, and accruing under the act of June twenty-fifth, eighteen hundred and sixty-four, "providing for deficiencies in subsi tence and expenses of removal and support of the Sioux and Winnebago Indians of Minnesota", amounting to the sum of ninety thousand six hundred and eighty-nine dollars and ninety-three cents, is now in the Treasury of the United States to their credit; and
Whereas the major portion of the fund belonging to said Indians under said act of June twenty-fifth, eighteen hundred and sixty-four, together with the sum of one hundred thousand dollars of the principal fund of the tribe, has since said date been expended for the benefit of that portion of the Winnebago Indians residing in Nebraska; and
Whereas the location of said Winnebago Indians of Wisconsin has, under the said act of March third, eighteen hundred and seventy-five, become permanent: Therefore
Jan. 18, 1881. 21 Stat. L., 315.
Census of tribe
Be it enacted, &c.
[SECTION 1], That the Secretary of the Interior be, and he is hereby in Nebraska and authorized and directed to cause a census of the tribe of Winnebago Wisconsin to be Indians, now residing in Nebraska and Wisconsin to be taken; said taken. enrollment to be made upon separate lists; the first to include all of said tribe now residing upon or who draw their annuities at the tribal reservation in Nebraska, and the second to embrace all of said tribe now residing in the State of Wisconsin.
Annuities, &c., SEC. 2. That upon the completion of the census of the Winnebago heretofore appro- Indians in Wisconsin, the Secretary of the Interior is authorized and priated to be disbursed by Secreta- directed to expend for their benefit the proportion of the tribal annuities ry of Interior pro due to and set apart for said Indians under the act of June twenty-fifth, eighteen hundred and sixty-four, of the appropriations for the tribe of 1864, ch. 148 (13 Winnebago Indians for the fiscal years eighteen hundred and seventyStat. L., 172). 1874, ch. 389; four, eighteen hundred and seventy-five, eighteen hundred and seventych. 132 (18 six, eighteen hundred and seventy-seven, eighteen hundred and seventyStat. L., 170, 444), eight, eighteen hundred and seventy-nine, and eighteen hundred and ch. 101 (13 eighty, amounting to ninety thousand six hundred and eighty-nine dolStat. L., 194, 288). lars and ninety-three cents; 1878, ch. 142; ch. 87 (20 Stat. L., 82, 312). 1880, ch. 85 (21 Stat. L., 126).
1876, ch. 289;
And the Secretary of the Interior shall also expend for the benefit of said Indians, out of the sum of forty-one thousand and twelve dollars and seventy-four cents now in the Treasury to the credit of the Winnebago tribe of Indians, and accruing under treaty appropriations for the fiscal year eighteen hundred and seventy-three and prior years, such sum as may upon the completion of said census, be found necessary to equalize the payments between the two bands on account of the payment of the sum of one hundred thousand dollars in the year eighteen hundred and seventy-two from the principal funds of the tribe to the Winnebagoes in Nebraska. And all of the said sums shall be paid prorata to those persons whose names appear upon the census-roll of the Winnebagoes of Wisconsin, heads of families being permitted to receive the full amount to which all the members of the family are entitled: Provided, That before any person shall be entitled to the benefits that they have accruing under this act, it shall be made to appear that the person claimtaken up home- ing its benefits, or the head of the family to which such person belongs, steads, &c. has taken up a homestead in accordance with the said act of March 1875, March 3, third, eighteen hundred and seventy-five, or that, being unable to fully ch. 131, § 15.
Claimants to benefits to show
comply with the said act by reason of poverty, he or she has made a selection of land as a homestead, with a bona fide intention to comply with said act, and that the money applied for will be used to enter the lands so selected, and for the improvement of the same.
SEC. 3. That in the future distribution of the annuities of the said tions of annuities; tribe of Winnebago Indians, a pro-rata division, according to the num1863, ch. 53 (12 ber of each band as shown by said census, shall be made between that Stat. L., 658). portion of said tribe in Nebraska and that portion in Wisconsin; and the moneys belonging to each shall be annually distributed to the members of said bands respectively, in the manner provided by the fifth section of the act of February twenty-first, eighteen hundred and sixty-three, entitled "An act for the removal of the Winnebago Indians, and for the sale of their reservation in Minnesota for their benefit."
Adjustment of SEC. 4. That for the purpose of equitably adjusting the amount due amount between to the Winnebago Indians in Wisconsin, under the act of June twentyIndians in Wisconsin and those in fifth, eighteen hundred and sixty-four, from that portion of the tribe residing in Nebraska, and arising from the failure of the Department of 1864, ch. 148 (13 the Interior to set aside from year to year the proportion of the tribal Stat. L., 172). fund belonging to said Wisconsin Winnebagoes, as provided in said act, from the date of the passage of the same to the year eighteen hundred and seventy-six, and the payment of the full amount of the same to the Winnebagoes of Nebraska for such period, the Secretary of the Interior is hereby directed to have an account between said portions of the Winnebago tribe of Indians stated, basing the same upon the census herein provided for, charging the Winnebagoes in Nebraska with the full