ing treaties not dis "ARTICLE V. It is understood that nothing in this agreement shall Benefits under existbe construed to deprive the said Indians belonging on the Red Lake turbed. Indian Reservation, Minnesota, of any benefits to which they are entitled under existing treaties for agreements not inconsistent with the provisions of this agreement. ARTICLE VI. This agreement shall take effect and be in force when signed by United States Indian Inspector James McLaughlin and by a majority of the male adult Indians, parties hereto, and when accepted and ratified by the Congress of the United States. "In witness whereof the said James McLaughlin, United States Indian Inspector, on the part of the United States, and the male adult Indians belonging on the Red Lake Indian Reservation, Minnesota, have hereunto set their hands and seals at Red Lake Indian Agency, Minnesota, this tenth day of March, A. D. Nineteen hundred and two. "JAMES MCLAUGHLIN (SEAL). "United States Indian Inspector. Effect. We, the undersigned, hereby certify that the foregoing agreement was fully explained by us in open council to the Indians of the Red Lake Reservation, Minnesota; that it was fully understood by them before signing, and that the agreement was duly executed and signed by said Indians. Jos. C. Roy, RED LAKE AGENCY, MINN., March 12, 1902. We, the undersigned, do hereby certify that we witnessed the signatures of James McLaughlin, U. S. Indian Inspector, and the two hundred and twenty (220) Indians of the Red Lake Reservation, Minnesota, to the foregoing agreement. DANIEL SULLIVAN, Overseer in charge of Subagency. FRANK H. KRATKA, Mayor of Thief River Falls, Minn. B. L.FAIRBANKS, RED LAKE AGENCY, MINNESOTA, March 12, 1902. I hereby certify that the total number of male adult Indians, over eighteen (18) years of age, belonging on the Red Lake Reservation, is three hundred and thirty-four (334), of whom two hundred and twenty (220) have signed the foregoing agreement. G. L. SCOTT, Maj, 10th Cavalry, Acting Indian Agent. LEECH LAKE AGENCY, MINNESOTA, March 17, 1902. . ed. And Whereas it is deemed for the best interests of the said Indians that said agreement be amended and modified as hereafter provided: Therefore, Be it enacted by the Senate and House of Representatives of the United Agreement amend States of America in Congress assembled, That said agreement be, and the same is hereby, modified and amended so as to read as follows: Lands ceded. to diminished reservation. "ARTICLE I. The said Indians belonging on the Red Lake Indian Reservation, Minnesota, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the United States all their claim, right, title, and interest in and to all that part of the Red Lake Indian Reservation lying west of the range line between ranges thirtyeight and thirty-nine, west of the fifth principal meridian, the tract of land hereby ceded approximating two hundred and fifty-six thousand Removal of Indians one hundred and fifty-two acres, and also hereby agree that all of said Indians now residing on the tract hereby.ceded shall remove to the diminished reservation within six months after the ratification of this agreement, and shall be paid not exceeding twenty thousand dollars in cash by the Indians of said Red Lake Reservation out of the first payment received by them from the proceeds of this cession, said twenty thousand dollars, or so much thereof as may be necessary, to be paid equitably to those thus removing, in proportion to the value of their respective improvements, which payment by said Red Lake Indians shall be in full for all improvements which they will abandon, and also for the removal within the diminished reservation of their dead from where they now are buried on the tract hereby ceded. Sale of ceded lands. "ART. II. In consideration of the land ceded, relinquished, and conveyed by Article I of this agreement the United States stipulates and agrees to sell, subject to the homestead laws of the United States, under rules and regulations to be prescribed by the Secretary of the Interior, in tracts not to exceed one hundred and sixty acres to each individual, all of said lands, except lands remaining unsold after five years from the first sale hereunder, which may be sold without referMinimum price per ence to the provisions of the homestead law. Said land shall be sold for not less than four dollars per acre, and shall be sold upon the following terms: One-fifth of the purchase price to be paid at the time of sale and the balance of the purchase price of said land to be paid in five equal annual installments due in one, two, three, four, and five years from date of sale, respectively, and to pay over to said Indians all of the proceeds realized from the sale of the said lands as herein provided. acre. Payments. Per capita distribution. Independent possession and allotment. "ART. III. It is understood that of the amount realized from the sale of said lands a sum of not exceeding three hundred thousand dollars shall be paid in cash per capita, share and share alike, to each man, woman, and child belonging on said Red Lake Indian Reservation within ninety days after the first sale herein provided for, and the remainder of the proceeds of the sale of said lands shall be paid in cash per capita in fifteen annual installments, the first of which fifteen annual installments is to be paid in the month of October of the year following that in which the payment of the said three hundred thousand dollars is made, as provided in this agreement, and in the month of October of each year thereafter, and all moneys received after the expiration of said fifteen years shall be apportioned in like manner among said Indians and paid to them on the first day of October in each year. "ART. IV. It is further agreed that the said Indians belonging on the said Red Lake Indian Reservation, Minnesota, shall possess their diminished reservation independent of all other bands of the Chippewa tribe of Indians and shall be entitled to allotments thereon of one hundred and sixty acres each, of either agricultural or pine land, the different classes of land to be apportioned as equitably as possible among the allottees. Existing benefitsnot affected. "ART. V. It is understood that nothing in this agreement shall be construed to deprive the said Indians belonging on the Red Lake Indian Reservation, Minnesota, of any benefits to which they are entitled under existing treaties or agreements not inconsistent with the provisions of this agreement. It is the intention of this agree- Trusteeship. ment that the United States shall act as trustee for said Indians to dispose of said land and to expend and pay over the proceeds as received from the sale thereof only as received, as herein provided. “ART. VI. This agreement shall take effect and be in force when accepted and ratified by the Congress of the United States." SEC. 2. That said agreement be, and the same is hereby, accepted and ratified as herein amended. Effect. Ratification. Lands to be sold Forfeiture. Patents. Provisos. SEC. 3. That the Secretary of the Interior is hereby authorized and subject to homestead directed to sell, subject to the homestead laws of the United States, laws. under such rules and regulations as he may prescribe, in tracts not to exceed one hundred and sixty acres to each individual, all that part of the Red Lake Reservation, in the State of Minnesota, lying westerly of the range line between ranges thirty eight and thirty-nine west of the fifth principal meridian, approximating two hundred and fifty-six thousand acres. And the said land shall be sold for not less than four dollars per acre, and shall be sold upon the following terms: One-fifth of the price bid therefor to be paid at the time the bid is made, and the balance of the purchase price of said land to be paid in five equal annual installments, due in one, two, three, four, and five years from date of sale, respectively, payment to be made to the receiver of the United States land office for the district in which said land may be situated. And in case any purchaser fails to make such annual payments promptly when due, or within sixty days thereafter, all rights in and to the land covered by his or her purchase 'shall at once cease, and any payments made shall thereupon be forfeited and the Secretary of the Interior shall thereupon declare such forfeiture by reoffering said land for sale. And no patent shall issue to the purchaser until the purchaser shall have paid the purchase price and in all respects complied with the terms and provisions of the homestead laws of the United States: Provided, That such purchaser shall have the right of commutation as provided R. S., sec. 2301, p. 421. by section twenty-three hundred and one of the Revised Statutes of the United States, by paying for the land at the price for which it sold, receiving credit for payments previously made: Provided further, That such purchaser shall make his final proof conformable to the homestead laws within six years from the date of sale; that aliens who have declared their intention to become citizens of the United States may become purchasers under this Act, but before making final proof and acquiring title must take out their full naturalization papers; and that persons who may have heretofore exhausted their rights under the homestead law may oecome purchasers under this Act: Provided further, That after the first sale hereunder shall be closed, the lands remaining unsold shall be subject to sale and entry at the price of four dollars per acre by qualified purchasers, subject to the same terms and conditions as herein prescribed as to lands sold at said first sale: Provided further, That all lands above described which shall remain unsold at the expiration of five years from the date of the first sale hereunder shall be offered for sale at not less than four dollars per acre (and lands remaining unsold after such sale shall be subject to private entry and sale at said price), without any conditions whatever except the payment of the purchase price: And provided further, That wherever the boundary line of said reservation runs diagonally so as to divide any Government subdivision of a section, and the owner of that portion of such subdivision now being outside of the reservation becomes the VOL XXXIII, PT 1 Final proof. Sale, etc., of remaining lands. Minimum price. Prior residence and improvements. Removal of Indians to diminished reservation. purchaser of that portion of such subdivision lying within the reservation, residents and improvements upon either portions of such subdivision as provided by the homestead law shall constitute a compliance as to all such Government subdivisions. All of the Indians residing upon the tract above described shall remove therefrom to the diminished reservation within six months after the passage of this Act; and there is hereby appropriated from the proceeds of said sale the sum of twenty thousand dollars, or so Payment for in much thereof as may be necessary, to be paid to those thus removing in proportion to their respective improvements, which payment to the said Red Lake Indians shall be in full for all improvements which they will abandon, and also for the expense of removal within the diminished reservation of their dead from where they are now buried on the tract above described, and the expense of making allotments. provements. Per capita distribution of proceeds. Regulations, etc. Entry fees, etc. United States not bound to purchase land, etc. Effect. The proceeds of said lands as realized from time to time shall be paid into the United States Treasury to the credit of the Indians belong. ing on said reservation. Of the amount realized from the sale of said lands a sum not exceeding three hundred thousand dollars shall be paid in cash, per capita, share and share alike, to each man, woman, and child belonging on said Red Lake Indian Reservation within ninety days after the first sale herein provided for, and the remainder of the proceeds of the sale of said lands shall be paid in cash, per capita, in fifteen annual installments, the first installment to be paid in the month of October of the year following that in which the payment of the three hundred thousand dollars is made; and all moneys received after the expiration of said fifteen years shall be apportioned in like manner among said Indians and paid to them on the first day of October in each year. The Secretary of the Interior is hereby vested with full power and authority to make such rules and regulations as to the time of notice, manner of sale, and other matters incident to the carrying out of the provisions of this Act as he may deem necessary, and with authority to continue making sale of said lands until all of said lands shall have been sold. 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 the land is one dollar and twenty-five cents per acre. SEC. 4. That nothing in this Act contained shall in any manner bind the United States to purchase any portion of the land herein described, 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 said lands and to expend and pay over the proceeds received from the sale thereof only as received as herein provided. SEC. 5. That this Act shall take effect and be in force from and after its passage. Approved, February 20, 1904. February 24; 1904. United States courts. West Virginia judicial district. Additional term at Martinsburg, W. Va. Vol. 31, p. 738. CHAP. 163.-An Act Providing for the holding of an additional term of court in the northern district of West Virginia at Martinsburg, West Virginia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the courts heretofore held in the northern district for the State of West Virginia, there shall be held an additional term of court at Martinsburg, West Virginia, on the second Tuesday in May in each year. Approved, February 24, 1904. CHAP. 164.-An Act To authorize the resubdivision of lots or blocks in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where any proposed street of the permanent system of highways affects any lot or block of a subdivision recorded in the office of the surveyor of the District of Columbia, the Commissioners of the District of Columbia may, in their discretion, allow the resubdivision of such lot or block in a manner conforming to the original subdivision until such time as condemnation proceedings are begun for the opening of the proposed street affecting the land to be subdivided. Approved, February 26, 1904. CHAP. 165.-An Act To enable the Secretary of the Treasury to pay the State of Vermont money appropriated by the Act of Congress of July first, nineteen hundred and two, and to adjust mutual claims between the United States and the State of Vermont. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the Secretary of the Treasury to pay the State of Vermont the sum appropriated to that State under the Act of Congress of July first, nineteen hundred and two, or such part thereof as it may be entitled to, the accounting officers of the Treasury Department are hereby authorized and directed to audit, adjust, and settle the mutual claims of the United States and the State of Vermont in respect to ordnance and quartermaster's stores furnished in the years eighteen hundred and sixty-four and eighteen hundred and sixty-five, and on payment a receipt in full shall be taken from the proper State authorities. Approved, February 26, 1904. CHAP. 166.-An Act For the relief of settlers on lands in Sherman County, in the State of Oregon. 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 to investigate and ascertain the reasonable value, respectively, of the lands settled upon and heretofore claimed by the respective persons whose names are set out in full in Senate Document Numbered Eight, second session Fifty-sixth Congress, and in Senate Document Numbered Two hundred and forty, first session Fifty-seventh Congress, and in which documents are also specifically stated an accurate description of the lands claimed by each of such persons, respectively, and such other persons who settled upon and improved said lands after their restoration to entry by order of the Secretary of the Interior, but who were unable to get their claims of record, and whose names do not appear in the two executive documents herein before named, all of said lands being in the county of Sherman, in the State of Oregon. February 26, 1904. The Eastern Oregon Land Company. Relief of settlers on lands claimed by. Secretary of the Interior to investigate And it shall be, and is hereby, made the duty of the Secretary of the Interior to investigate and ascertain the names, respectively, of all claims of settlers. settlers who entered on said lands and settled upon the same, and the value of the different classes as hereinafter specified of all of said lands and improvements as follows: First, in all cases where said settlers have been dispossessed of their lands it shall be the duty of the Secretary of the Interior to ascertain the reasonable value of such lands, respec |