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Full text of "Report of the Secretary of the Interior Being Part of the Messages and Documents Communicated to the Two Houses of Congress at the Beginning of the Second Session of the Fifty-First Congress"

REPORT 



SECRETARY OF THE INTERIOR; 



BKING PART OK 



THE MESSAGE AND DOCUMENTS 



COMMUNK'ATKI) TO THE 



TWO HOUSES OF CONGRESS 



BEGINNING OF THE SECOND SESSION OF THE FIFTY-FIRST CONGRESS. 



IN FIVE VOLUMES. 



VOLUME I. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1890. 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/reportofsecretar901unit 









ANNUAL REPORT 

OF 

THE SECRETARY OF THE INTERIOR. 



Department of the Interior, 

Washington, D. (7., November 1, 1890. 

Sir: This report will summarize the work of the Department of the 
Interior for the past year and exhibit to some degree the great respon- 
sibility devolving upon the Secretary, and the almost incessant labor 
required in supervising and directing the varied national affairs sub- 
mitted, under you, to his control. 

It has been a year of much executive achievement in all the bureaus 
of this Department. 

From the public domain a new Territory has been formed and organ- 
ized; former Territories have advanced to States; four, admitted to the 
Union last year, have obtained full representation in both houses of 
Congress ; and two more, admitted this year, have elected their State 
officers and are about to choose their national representatives. No 
small part of the satisfaction and good feeling of the people of the 
Sates of Washington, Montana, North Dakota, South Dakota, Idaho, 
and Wyoming, exhibited at their most recent elections, is known to be 
due to the liberal and just execution of the land laws, the pension laws, 
and the sympathetic interest of the officers of the General Government 
in the rights and welfare of the Western settlers. 

As Territorial organizations have changed into permanent State gov- 
ernments, so u Oklahoma" has become a Territory by act of Congress 
approved May 7, 1»90, and is shown by the census of 1890 to have over 
56,000 inhabitants. 

And again, while this Territory has been forming, great additions 
from the Indian reservations have been made to the public domain 
soon to be opened to settlement. The various Indian commissions have 
made agreements, now awaiting Congressional action, with different 
tribes for many millions of acres. 

This formative period is one of intense interest not only to our law- 
makers and constitutional rulers but to our whole people as they view 
the present and prospective great increase of States over which the 
National Constitution continues to expand, and this period will hereafter, 
it is believed, be found to have been one during which the Republic's 
vitality and stability were very severely tested. The line of States is 
INT 90— vol i 1 I 



II 



REPORT OF THE SECRETARY OF THE INTERIOR. 



now, however, continuous across the continent and from Canada to 
Mexico, and yet no weakness in government has been found to arise 
from the distance at which its power must be exercised ; while the in- 
crease of the population over which it prevails tends only to make it 
stronger and more permanent. 

There is presented in this report extended facts, comments, sugges- 
tions, and recommendations upon the subjects shown in the preceding 
table of contents of twenty-one separate bureaus, institutions, parks, 
etcs., under control of the Secretary. This gives a bird's-eye view of 
the variety and importance of the affairs of the Department : 

A table showing the force by which this work is done, under the su- 
pervision of the Secretary is annexed (Appendix A). It aggregates 
16,120 persons. 

The business of the different bureaus, institutions, Territories, and 
reservations are now to be dealt with in detail. 

PUBLIC LANDS. 

VACANT LANDS. 

The vacant lands of the United States, exclusive of those in Alaska, 
at present extend over 586,216,861 acres, of which 28^,772,439 are al- 
ready surveyed. 

Alaska contains 577,390 square miles, or 369,529,600 acres, of which 
not more than 1,000 acres have been entered. The aggregate reaches 
955,746,461 acres. The following table exhibits this area by States and 
Territories, from official sources, as estimated: 

Vacant lands in the public land of States and Territories. 



State or 
Territory. 


Surveyed 
land. 


Unsur- 
veyed land. 


Total. 


State or 
Territory. 


Surveyed 
land. 


TTn sur- 
veyed land. 


Total. 




Acres. 
1, 105, 060 
11,983,626 
4, 902, 329 
38, 750, 564 
34, 354, 550 
2, 283, 626 
3, 938, 277 
2,000 
755, 791 

1, 243, 460 
832, 707 

2, 902, 034 
1, 407, 480 
1,151.463 


Acres. 


Acres. 

1, 105, 060 

49, 699, 052 

4, 902, 329 

53, 922, 718 

39, 994, 446 

5, 624, 426 

46, 957, 290 

5,000 

755, 791 

1, 358, 853 

832, 707 

6, 913, 554 

1,407,480 

1, 151, 463 


Montana 

Nebraska 

Nevada 

New Mexico. 
North Dakota 

Oklahoma 

Oregon 

South Dakota 
Utah... 


Acres. 

9, 611, 315 

11, 226, 584 

27, 316, 167 

39, 660, 806 

14, 318, 400 

22, 053 

23, 378, 982 

2, 043, 374 

7, 029, 100 

4, 155, 171 

819, 320 

37, 578, 200 


Acres. 
55, 196, 312 


Acres. 
64, 807, 627 
11, 226, 584 
50, 804, 540 
56, 360, 326 
30,497,400 

3, 694, 693 
38, 273, 228 
10, 241, 498 
36, 205, 100 
19. 646, 316 
819, 320 
49, 010, 060 


Arizona 


37, 715, 426 




23, 488, 373 
16, 699, 520 
16, 179, 000 
*3, 672, 640 

14, 894, 246 
8, 198, 124 

29, 176, 000 

15, 491, 145 


California. . . 

Colorado 

Florida 

Idaho 

Iowa 

Kansas 


15, 172, 154 
5, 639, 896 
3, 340, 800 

43, 019, 013 
3,000 


Louisiana... 
Michigan . . . 


115, 393 


Washington . 
Wisconsin . . . 
Wyoming 

Total.... 


Minnesota . . 
Mississippi . 
Missouri 


4, 011, 520 


11, 431, 860 




282, 772, 439 


303, 444, 422 


t586,216,861 









* The unsurveyed lands in Oklahoma are in the Public Land Strip. 

t This aggregate is exclusive of the Cherokee Strip, containing 8,044,644 acres, and all other lands 
owned or claimed by Indians in the Indian Territory west of the 96th degree of longitude, contem- 
plated to be made a part of the public domain by the 14th section of the act of March 2, 1889 (25 Stat 
1005), and it is also exclusive of Alaska, of all lands in Indian reservations, amd of all railroad land- 
grants. 



REPORT OF THE SECRETARY OF THE INTERIOR. Ill 

•This table was especially prepared so that some approximate estimate 
may be made by those seeking homes, not only of the general extent of 
unclaimed lands but also in what particular States and Territories there 
is presented the opportunity for selection. Our Government has been 
lavish in its bestowment of the public lands upon States, Territories, 
schools, colleges, railroads, and individuals, but there still remains this 
immense empire to be occupied by the growth of our free and indus- 
trious population. 

The policy of the Government has so long been such as to derive its 
means of support from other sources, that it has been possible to dis- 
pose of the public lands freely for the benefit of the people. This pol- 
icy has been deemed by some too free and regardless of the future, 
but had it been otherwise the restraint upon the increase of States, 
upon the progress of improvement, upon the establishment of millions 
on their own homesteads, and upon the support of education, would 
have been incalculable, and the loss in competency, independence, and 
patriotism would have far outweighed the money value of the lands 
granted. The Eepublic strengthens permanently its most substantial 
resources when it converts its wilds into homes, establishes upon the 
vacant national domain new Territories and maintains them until they 
come into the Union as prosperous States. 

The policy of the Department has been continued, as the Secretary's 
last report shows it to have been begun, under the present administra- 
tion, in giving a liberal interpretation to the land laws in favor of the 
settlers and by advancing, as far as can reasonably be done, the early 
decisions upon all entries made, contested or uncontested. 

The following facts exhibit the success achieved in accomplishing 
these purposes : 

It appears from the report of the Commissioner of the General Land 
Ofljce that 19,000,000 acres of agricultural land were transferred to 
actual settlers during the past year, embracing those upon final and 
commuted homestead entries, pre-emption, timber culture, desert, pri- 
vate cash, town-site, and all other entries for strictly agriculture non- 
mineral lands. 

The lands patented to States, for education, internal improvements, 
and public buildings have exceeded 300 per cent, over the previous 
year, amounting in 1890 to 539,779.84 acres. 

The patents issued for the year ending June 30, 1890, numbered 
117,247, as against 70,141 the preceding year, or an increase for the last 
year in patents of 47,106, and in land of 7,536,960 acres, the patents for 
1890 covering 18.759,520 acres ; those for 1889, 11,222,560. 

In addition to these there was an increase of 494 in mineral and mill- 
site patents issued in 1890, those for 1890 being 1,407 ; for 1889, 913- 
The area of coal lands granted in 1890 nearly doubled that of the pre- 
vious year. In 1890 there were 224 patents, covering 33,473 72 acres, 
and in 1889, 155 patents, covering 17,096.80. 



IV REPORT OF THE SECRETARY OF THE INTERIOR. 

The swamp land patents to States amounted to only 109,351.89, which 
is a decrease from preceding year of 150,369.56 acres. 

The railroads have also received patents for 61,183.87 acres less than 
last year; 363,862.15 for 1890 against 425,046.02 in 1889, of which 261,- 
773.01 acres were in Minnesota, and the remainder in Iowa, Louisiana, 
and Wisconsin. 

Besides there were patents to Indians for lands in severalty, and 
miscellaneous claims for 109,056.02 acres. 

On June 30, 1890, there were 208,064 final entries of all kinds pend- 
ing, as against 276,751 on June 30, 1889, a decrease during the last 
year of 68,687 entries. The financial results have been quite satisfac- 
tory, the total receipts from public lauds being $7,470,370.31. On ref- 
erence to the Commissioner's report it will be observed that over four 
times as many acres were sold under pre-emption entries as any other 
kind, amounting, indeed, to two-thirds of all the sales. 

RAILROAD LAND GRANTS. 

The following figures, taken from the Commissioner's report, show 
the lands claimed by the subsidized railroads and other corporations. 
There were certified or patented up to 1890: 

Acres. 

For railroad purposes (1850 to 1890) 51,379,346.21 

For wagon-road purposes (1824 to 1890) 1,732,730. 83 

For canal purposes (1828 to 1890) 4,424,073.06 

For river improvements (1828 to 1890) 1, 406, 210. 80 

58, 992, 360. 90 

But during the last fiscal year there were but 363,862.15 acres patented, 
and these were for railroads only. 

Previous to June 30, 1890, the number of miles of such roads built was 
18,070.71; but during the last year only 40 miles were completed, and 
but one map of location was filed, being that for Southern Pacific Rail- 
road, for 20 miles west of Huron, in California. 

The pending lists yet unacted upon are: 



For railroads 29, 471 , 709. 09 

For Oregon wagon-roads 305, 246. 67 

Total 29,776,955.76 

The cause of inaction upon these lists, as explained in the last annual 
report, was from doubt whether Congress would endeavor to forfeit 
the lands of those roads that were not built within the time provided 
in their respective grants. 

The subject was presented to Congress in your first message, and 
Congress has acted upon it, to the extent of declaring a forfeiture of 
all those lands heretofore granted that are coterminous with any un- 
constructed portion of the route. The act is entitled, "An act to forfeit 
certain lands heretofore granted for the purpose of aiding in the con- 
struction of railroads, and for other purposes,' 7 and was approved Sep- 
tember 29, 1890. 



REPORT OF THE SECRETARY OF THE INTERIOR. V 

While this subject was under consideration by Congres, each branch 
thereof took action in relation thereto by resolutions addressed to the 
Secretary, and to which he gave, it is deemed, satisfactory replies, as 
no legislative action was taken to interfere with or defeat his announced 
purpose. 

A large part of the lands granted to railroad companies has passed 
into the hands of purchasers from the railroad company and are now 
inhabited and cultivated by them. The question as to these has prac. 
tically ceased to be one between the Government and the railro ad com- 
panies, and become one between the United States and its inhabitants, 
and should be dealt with accordingly. 

The act of September 29, 1890, should be enforced, but the mineral 
lands reserved by the terms of the grant should be carefully identified 
and preserved as a part of the public domain for the benefit of the 
people. 

PRIVATE LAND CLAIMS. 

The subject of private land claims in Arizona, New Mexico, Colorado, 
Florida, and California is very fully and carefully presented in the Land 
Commissioner's report. 

The surveyor-general of Arizona, in October, 1889, reported the 
claim of Don Miguel de Peralta for almost 5,000,000 acres to be a 
forgery and fraud. In February, 1890, the Commissioner of the Gen- 
eral Land Office passed upon the validity of the claim, and concluding it 
to be invalid struck it from the docket. An appeal from this order 
having been taken to the Department, the legality of the action can 
not be discussed here. It may, however, be noted that this course has 
kept the vast area included in the claim open to settlement pending 
the controversy, subject, of course, to any possible decision in favor of 
the claimant. But if the claim is finally denounced the advantages to 
settlers of the present action will be very great. Had it been by 
the Commissioner merely adjudged unfounded, and reported to Con- 
gress under the act of 1854, none of the land could have been held open 
to entry, as it was therein provided that reports by the Commis- 
sioner should be laid before Congress, and until final action thereby 
all lands covered by the claim should be reserved from the sale or 
other disposal of the Government, and should not be subject to the 
donations granted by that act. 

This is but an exemplification of the difficulties arising under the 
present condition of private land claims, and the great need of legisla- 
tion of the character now pending before Congress. Reference is made 
to the bill entitled " A bill to establish a United States laud court 
and to provide for the settlement of private land claims in certain 
States and Territories." (Senate 1042, as reported from committee.) 
This measure has been well-considered by the Secretary and is deemed 
most desirable. 

In this connection another matter of great importance should be men- 
tioned as worthy of immediate attention by Congress. It is discussed 



VI REPORT OF THE SECRETARY OF THE INTERIOR. 

in the report of the surveyor general of New Mexico and referred to 
in that of the Land Commissioner. The facts taken from these reports 
may be thus summarized. The population of New Mexico when ac- 
quired by the United States was 80,000, and some of the wealthy held 
large tracts of land, but the people were, for the most part, very poor. 
From the days of Charles V of Spain to the annexation, wherever 
it was thought proper to found settlements, the viceroys and residents 
gave, in the name of the Emperor, lands, house-lots, and waters, in con- 
formity with the disposition of the land. Under .the Eepublic of Mex- 
ico the colonization laws and regulations became a very complete sys- 
tem, well adapted to the people and the country, and were intended to 
bestow upon each one without land a portion of the public domain. 
Because of the system of irrigation practiced, the lands cultivated, 
sloping down the hills, were of irregular shape and apt to be separated 
by divisions among heirs and subsequent union of ownership of sepa- 
rate parcels by marriage, without consolidation of the tracts themselves. 
This prevents entries now of these tracts under the existing land 
laws of the United States, because the lauds are not deemed to be 
according to our system of surveys and the claimants do not reside on 
many of the tracts cultivated. The surveyor-general continues as fol- 
lows: 

The owners of all the farm lots up and down the river live together about the plaza, 
in which they can quickly rally in case of an Indian attack, the regulations requiring 
every man to be supplied with arms and horses for the common defense. Unitedly 
they dig the acequia and do other work for the common good; unitedly they rear 
the village church and maintain its worship. Sometimes the settlement was estab- 
lished by a formal grant, which gave to it also the land for ten or twenty miles on 
either side of it. In such cases it is specified that this is for the common benefit of 
the settlers, by furnishing them pasture-land and woodland, and for those who 
should afterward join themselves to the new settlement. 

The idea of the Mexican people always was that the large tract gave the settle- 
ment room to grow, and that any new comer or boy becoming of age who wanted a 
piece of land out of the common stock to cultivate could have it, and could go on to 
improve it by taking out a new ditch or otherwise. 

In view of these facts I think that every one living in this community at the time 
that it was transferred to the United States had a certain interest in the outlying 
lands, and that they did not belong exclusively to the heirs or assigns of the one or 
more settlers mentioned in the original papers. I also think that every member of 
such a community, no matter how poor he may be, was included in the provisions of 
the treaty of Guadalupe Hidalgo, that Mexicans electing to become citizens of the 
United States " shall be protected in the free enjoyment of their liberty and property." 
In order to protect them in their property in land, and to avoid taking it away from 
them and throwing it into the mass of its own property, the public domain, it was 
necessary for the United States to determine what the property of each one was. 
This should have been done at once. As it was not done, and matters were allowed 
to drift along in the old way, I consider that the Mexican custom as to the rights of 
new comers who joined themselves to a community, continued to run, and that every 
person now holding land on a grant made under the colonization laws has an inter- 
est in the outlying lands of the grant. 

The question as to what each man owns should be settled at once. The whole 
prosperity of New Mexico depends upon it. The gravest evils have already resulted. 



REPORT OF THE SECRETARY OF THE INTERIOR. VII 

Supposed interests in community grants have been bought up, and under them 
large tracts have been fenced and poor men have found themselves substantially 
shut up to their farm lots and thereby reduced to the greatest distress. While they 
could get a living from the farm lot, combined with the herd of goats and sheep 
living on the comin/m pasture, and with the privilege of the common timber-lands, 
they can not get it from th^ farm lots alone. The result is widespread suffering, rest- 
lessness and trouble, which threatened the peace of the community. 

I think the remedy for this is surveys, combined with authority given the land 
offices to issue patents to each man for what belongs to him. The deputy surveyor's 
going to such a community and telling the people that he has come to assist them in 
getting title to their homes, would be rendered every assistance. Let every farm lot 
of long occupancy be surveyed and shown on the township plat as belonging to its 
owner. Then if it be an unconfirmed community grant with outlying lands, assign 
to each one a wood lot, say of the same size as his farm lot, in payment for his in- 
choate right in these outlying lands. Lands that could be made very valuable can 
not be left as unfenced commons for the benefit of a few goats and cattle. 

The system that was adapted to the old time and the needs of a sparsely settled 
community must now pass away and be replaced by the American plan of individ- 
ual ownership and inclosed lots, and the sooner the Government makes the inevitable 
change, the better it will be for all concerned. 

After the plat goes to the register, the indications of ownership thereon should be 
subject to contest by anyone claiming the same land, in the manner that entries are 
now. 

But there would be but few contests. The ownership of lots in this country is 
well known, and universally acquiesced in, with rare exceptions. Long continued 
occupation, with the consent of the Government and all parties interested, consti- 
tutes as just a claim as property is held by anywhere. A settlement of these matters 
in accordance with justice will be a permanent settlement and will be the best for 
the Government, and best for all interests in New Mexico. 

Certain title to the land is the foundation to all values. Enterprise in this Terri- 
tory is greatly retarded because that foundation is so often found lacking. 

These views are deemed wise and timely, and are earnestly recom- 
mended to your favorable consideration. The commotions in New Mex- 
ico have been somewhat serious already, and the subject needs careful 
treatment to avoid graver difficulties. Our laws should be so admin- 
istered as to preserve to the inhabitants their just claims to small 
holdings, at least in so far as their ancestors enjoyed them under Spanish 
and Mexican rule. 

In reply to the resolution of the Senate, the Secretary transmitted a 
list of the private land claims aud other information in connection there- 
with. 

SURVEYS OF PUBLIC LANDS. 

The act of March 2, 1889, appropriated for the survey and resurvey 
of the public lands for the last fiscal year, $200,000 ; but $20,000 of this 
was authorized to be applied to the examination of surveys; $10,000 
for lands opened for settlement in Montana, under act of May 1, 1888, 
and $5,000 for west boundary line of the White Mountains in the San 
Carlos Indian Reservation in Arizona. This left $165,000 for appor- 
tionment among the twelve surveying districts. The statute expressly 
required that preference should be given in favor of surveying town- 



VIII 



REPORT OF THE SECRETARY OF THE INFERIOR. 



ships occupied in whole or in part by actual settlers, and that the 
surveys should be confined to lands adapted to agriculture and to lines 
of reservations. Special amounts out of the reserve were subsequently 
apportioned to Louisiana and Nevada. The survey s accepted during 
the a ear were for the following areas : 



States and Territories. 


Acres. 


States and Territories. 


Acres. 




597, 748. 27 
162,031.41 
473, 457. 72 
929, 992. 35 
2, 519. 33 
22, 148. 58 
144, 855. 29 
620,161.42 




23, 039. 51 
408, 857. 33 
2:57 131 78 




Nevada 








84,100.46 
576 525 50 




Utah 




180,122.99 




Total 




4, 462, 691. 94 







PUBLIC SURVEY APPORTIONMENT FOR 1891. 

The apportionment of the appropriation made by act of 1890, has 
been made as follows : 



Amount ap 
portioned out 
of $425,000 ap- 
propriated for 
surveys year 

ending June 
30, 1891. 





$5, 000 
10, 000 
15, 000 




Colorado 


Florida 


Idaho 


20, 000 


Louisiana 


Minnesota 


10, 000 
75, 000 
40, 000 


Montana 


South Dakota 


Nevada 



A mount ap- 
portioned out 
of $425,000 ap- 
propriated for 
surveys year 
ending June 
30, 1891. 



New Mexico . 
North Dakota 

Oregon 

Utah 

Washington . 

Wyoming 

Reserve fund 
Examinations 



$10, 000 
40, 000 
20, 000 
8,000 
85, 000 
20, 000 
27, 000 
40, 000 

425, 000 



An interesting summary of the chief recommendations made in their 
reports by the surveyors-general is presented by the Land Commissioner's 
report. Some of these are the same as were dwelt upon in the last re- 
port of the Secretary, particularly as to making by executive order the 
south boundary of the White Mountain Indian Reservation a straight 
east and west line, cutting off from the reservation . the coal-fields, but 
on such terms as will secure for the Indians a fair compensation, and 
that in California and elsewhere the deposit system of surveys be con- 
ducted under the most careful supervision, and that the present suits 
for fraudulent surveys be prosecuted with the utmost vigor. 



REPORT OF THE SECRETARY OF THE INTERIOR. IX 

FLORIDA PHOSPHATES. 

Florida lias suddenly presented new claims for both a topographical 
and geological survey, because or the discovery of extensive beds of 
phosphate rock ; and also that sugar farms may be successfully estab- 
lished upon lands reclaimed by drainage. 

As is hereafter shown, the State makes claim to these wet lands 
and is pressing for its adjustment independently of all previous allow- 
ances. The phosphate rock is, however, mineral, and comes under the 
general laws applicable to mineral lands. The surveyor-general re- 
marks as to phosphates : 

Great activity has prevailed for several months past in various counties in Florida 
in prospecting and staking valuable and extensive deposits of the mineral known as 
phosphate rock, and at certain places the work of mining and shipping the substance 
is being conducted on a large scale. It can hardly be doubted that the discovery of 
these deposits in Florida, exceeding in extent and thickness all such beds previously 
known in the world, is an event destined to produce great increase of value not only 
in the mineral lands of the State, but the agricultural also. In the general effort to 
find and secure phosphate lands many have decided to proceed in accordance with 
the law of United States mineral lands, and are awaiting action by your Department 
in the premises. 

This remarkable discovery of unsuspected wealth within a few feet of the surface 
in scores of townships has caused large numbers of men to explore the country geo- 
logically with spades and boring apparatus. By such means other useful substances 
are said to have been found, such as marl, kaolin, fossil guano, slate rock, mica-schist, 
mica, zinc ore, and sulphur, and specimens thereof have been submitted to the tests 
of the State chemist ; showing that Florida ought long ago to have received the bene- 
fit of a thorough geological survey. 

As to sugar farming, he says: 

A very recent important agricultural development in this State is the establish- 
ment of sugar farms upon lands reclaimed by drainage. These sugar lands previ- 
ously were vast watery areas of saw-grass growing upon deposits of pure muck of 
unknown depth. Of the quality of this material an eminent official chemist wrote 
of a sample that " it seems to equal the best potting mold, and partakes more of the 
character of a manure than of a soil." When drained and cultivated it produces 
from 30 to 40 tons of cane stalks per acre of a quality equal to the best raised in 
Cuba. 

• ••##•* 

The unsurveyed portions of this State are said to include large areas of such land; 
and as its prospective value, which in past years was considered nothing, is now 
shown to be considerable, it is respectfully suggested that this office be authorized to 
take advantage of any season of unusual dryness to extend the lines of survey in that 
region. 

ARID LANDS AND IRRIGATION. 

While thus in Florida the surveys are needed for lands to be 
reclaimed by drainage, other and vast areas of our country are absolute 
deserts, to be reclaimed only by irrigation. The report of the sur- 
veyor-general of Idaho particularly calls attention to the necessity of 
further legislation as to the arid lands and water supply ; but the sub- 
ject is of present and growing interest not only to Idaho, but to Wyo- 



X REPORT OF THE SECRETARY OF THE INTERIOR. 

ming, Montana, Utah, Nevada, Colorado, Arizona, New Mexico, and the 
Dakotas, and to large parts of other States. 

Great modifications have been made in the laws of the United States 
since the last annual report and a short statement of the facts as to 
the cause and extent of this change will lead naturally to the recom- 
mendations it is thought should now be made to Congress. The 
Act of October 2, 1888, provided an appropriation for investigating 
the extent of the arid region, the segregation of the irrigable lands 
therein, and the selection of sites for reservoirs and other hydraulic 
work necessary for the storage and utilization of water for irrigation 
and the prevention of floods and overflows. The act then provided : 

"And all lands which may hereafter be designated or selected by such United States 
surveys for sites for reservoirs, ditches, or canals for irrigation purposes, and all lands 
made susceptible for irrigation by such reservoirs, ditches, or canals are from this 
time henceforth hereby reserved from sale as the property of the United States and 
shall not be subject after the passage of this act to entry, settlement, or occupation 
until further provided by law: Provided, That the President may at any time in his 
discretion, by proclamation, open any portion or all of the lands reserved by this 
provision to settlement under the homestead laws." 

This law being in an appropriation act did not secure that general 
attention its great importance deserved, and was apparently unknown 
to the inhabitants of those regions most to be affected by it. Yet the 
Director of the Geological Survey was proceeding with his duties under 
the act and notifying the Secretary of the Interior of the selection of 
many sites for reservoir purposes, situated in many States and Terri- 
tories. While this action was in progress the constitutional conven- 
tion of Idaho sent resolutions to the present Secretary, asserting that 
certain parties were endeavoring in Idaho to divert the waters of Bear 
Eiver from its channel for use in Utah. The Secretary replied, quoting 
the law of October 2, 1888, and had this reply widely published, that 
its very strong provisions might become generally known ; and soon 
thereafter instructions, made in pursuance of the Secretary's direction, 
were sent to the registers and receivers of the local land offices in the 
arid-laud regions, and they were ordered as the statute required, 

"To cancel all filings made since October 2, 1888, on such sites for reservoirs, 
ditches, canals for irrigating purposes, and all lands that may be susceptible of irri- 
gation by such reservoirs, ditches, or canal, whether made by individuals or corpo- 
rations, and that they should thereafter receive no filings upon any such lauds. 
(Annual Report, Secretary of the Interior, 1389 ; (Noble,) pp. 23, 24.)" 

This report itself was dated November 14, 1889. These instructions 
were meant solely to bring the attention of the people to the statute, 
without qualification, that had passed by the previous Congress, and to 
enforce it so decidedly that if it were distasteful its repeal might be 
obtained. 

There was an effort made by some to maintain that the statute did 
not withdraw the irrigable portions of the arid lands from private 
entry; but upon the question being referred to the Assistant Attorney- 



REPORT OF THE SECRETARY OF THE INTERIOR. XI 

General assigned to the Interior Department and the Attorney-General 
also, they gave written opinions fully supporting the Secretary. 
These opinions are to be found in this year's report of the Commis- 
sioner of the General Land Office, pages 59-78. The opinion of the 
Assistant Attorney-General bore date May 24, 1890 (ibid., p. 66), and 
that from the Attorney-General's Office the same day. (Ibid., p. 62.) 
The advice of the officers of the Department of Justice had been 
asked because of the resolution of the Senate quoted below, and in order 
that the Secretary might be quite sure he was correct in his construc- 
tion. The opinions were received in time to be presented to the Senate, 
in reply to that resolution passed May 3, 1890, which was as follows: 

"Resolved, That the Secretary of the Interior be requested to inform the Senate 
what construction is placed by his Department upon the scope and effect of the reser- 
vation from sale and disposal of the arid lands under the provisions of the act above 
cited, and what instruction or orders, if any, have been issued or made thereunder 
(whether general or special) with respect to the suspension of the arid lands from 
entry under the public land laws, or the suspension of entries thereof heretofore made, 
or affecting the rights of citizens to construct canals and ditches for irrigating pur- 
poses on the public domain. 

Besides expressing the construction found in the instructions already 
set forth and presenting the opinions of the law officers as specified, the 
reply further states : 

This has been the construction held since, and under it large portions of the pub- 
lic survey have been designated by the Director of the Geological Survey and set apart 
for reservoirs, ditches, etc., amounting to many thousand acres. 

The reply concluded as follows : 

"The Secretary is not called upon to express his views farther than upon the con- 
struction he has placed upon this act ; but he asks the privilege to say that he deems 
that this matter is one of such magnitude and of such vital interest to the people in- 
habiting or who may hereafter inhabit these vast regions, that if the Senate and Rouse 
of Representatives do not as a body fully concur in the purpose of this law they should take 
the business in hand without delay, toso modify it as they may deem the public interests re- 
quire, as otherwise there may be the greatest losses on the one hand to persons who, 
ignorant of the law or disregarding the same, settle upon these lands, or upon the other 
vast and valuable properties that should be controlled by the Government for reservoirs, 
ditches, etc. 

"In this connection I beg leave to refer the Senate to the report recently made by 
the Committee on Arid Lands and Irrigation, and especially to so much thereof as is 
set forth in the minority report in relation to this subject, which has been submitted 
to the Director of the Geological Survey, and I believe meets with his approval." 

But in reply dated July 30, 1890, to the resolution of the Senate dated 
July 10, 1890, in relation to the selection of sites for reservoirs (Fifty- 
first Congress, first session, Senate Ex. Doc, No. 199), the Secretary, 
in conclusion (page 2), stated that the general purpose and plan of the 
Department under the law (of October 2, 1888) was — 

" To do no more than to recognize the effect of the statute that imperatively reserves 
the reservoirs, ditches, and lands therein expressly named; and by appropriate execu- 
tive action to let it operate distinctively upon the vast Territories to which it applies 



XII REPORT OF THE SECRETARY OF THE INTERIOR. 

by its own terms ; preserving now as rapidly as possible the sources of water supply 
from the possession or appropriation by individuals or corporations that could thereby 
dominate all the people dependent for the fertility of their farms and the preserva- 
tion of their homes upon the element of water. It is believed to be the duty of this 
Department so long as this statute remains to enforce it, that its fruits, at least in 
the preservation of the sources and reservoirs of water, may be kept under either 
National or State governmental control." 

Congress did take the business in hand with great interest, and after 
much discussion the following provision was inserted in the appropria- 
tion act of August 30, 1890: 

For topographic surveys in various portions of the United States, three hundred 
and twenty-five thousand dollars, one-half of which sum shall be expended west of 
the one hundredth meridian ; and so much of the act of October second, eighteen 
hundred and eighty-eight, entitled "An act making appropriations for sundry civil 
expenses of the Government for the fiscal year ending June thirtieth, eighteen hun- 
dred and eighty-nine, and for other purposes," as provides for the withdrawal of the 
public lands from entry, occupation, and settlement, is hereby repealed, and all 
entries made or claims initiated in good faith and valid but for said act shall be 
recognized and may be perfected in the same manner as if said law had not been 
enacted, except that reservoir sites heretofore located or selected shall remain segregated 
and reserved from entry or settlement, as provided by said act, until otherwise provided by 
law, and reservoir sites hereafter located or selected on public lands shall in like manner be 
reserved from the date of the location or selection, thereof. 

No person who shall, after the passage of this act, enter upon any of the public lands 
with a view to occupation, entry, or settlement under any of the land laws, shall be 
permitted to acquire title to more than three hundred and twenty acres in the aggre- 
gate under all of said laws; but this limitation shall not operate to curtail the right 
of any person who has heretofore made entry or settlement on the public lands, or 
whose occupation, entry, or settlement, is validated by this act: Provided, That in all 
patents for lands hereafter taken up under any of the land laws of the United States, 
or on entries or claims validated by this act, west of the one hundredth meridian, it 
shall be expressed that there is reserved from the lands in said patent described a 
right of way thereon for ditches or canals constructed by the authority of the United 
States. 

The location and selection on the public lands of reservoir sites is 
proceeding with very decided energy under this law of August 30, 1890, 
and the present existence of the sites, their continued multiplication, 
and their future use now demand from the people and the Government 
the most serious consideration ; for it must be determined what shall bo 
done with them, and upon the proper answer to this question depends 
in great part the prosperity of the Territories or States in which they 
are located. 

The act, it will be perceived, reserves from all lands west of the one 
hundredth meridian a right of way thereon for ditches or canals con- 
structed by authority of the United States. 

It needs but a moment's reflection to recognize that these reservoir 
sites must be upon very high ground for the most part to gain those 
natural depressions in the mountains or foot-hills where the water can 
be garnered in vast volume; that this water will be gathered in the 
season when the streams are full and overflowing, so that the amount 
caught in the reservoirs will not deprive any one of his own abundant 



REPORT OF THE SECRETARY OF THE INTERIOR. XIII 

supply at that time, and were it not so reserved this overflow would go 
to waste ; that both to conduct the water to the reservoir in the flood 
season, and thence back into the bed of the stream in the dry season, 
ditches must exist under the same control as that which commands the 
reservoirs. 

In this connection it is also to be recognized that when these reser- 
voirs exist they will be, with the water tbey contain, the absolute prop- 
erty of the United States on its own soil and not in any degree depend- 
ent upon the stream, which they are rather to supply than to exhaust. 

Many of the streams also upon which these reservoirs will be, will run 
not only between States or between Territories or between Territories 
and States, but one or more also between Mexico and the United States; 
and thus the rapid expansion of the system of irrigation now already 
in progress and to be greatly increased both in extent and complete- 
ness, will be apt to exhaust the small supply of the summer stream 
and leave its bed quite dry before it reaches its ordinary mouth, and 
even at points near the reservoir, as well as at a distance, the tillers 
of these arid lands will be dependent for water upon these basins. 
Whatever authority, therefore, commands this water, the time of accu- 
mulation, of its supply and its use, will have control not only of the 
prosperity, peace, and even liberty of the people there, but possibly of 
the friendship of neighboring States and Territories, and also that 
between ourselves and the Republic south of us. 

It will be an immense expense to make dams of such solidity and 
skillful construction as will assure safety to valleys and lands below, 
and appropriate ditches to and from the basins, or through lands, and 
Congress may not deem it best to build them, but may consider that the 
use of the lands segregated for reservoirs should be placed under local 
control for proper use in irrigation. 

Therefore, in view of the facts and ideas already mentioned, the Sec- 
retary would urge that Congress should without delay enact compre- 
hensive laws, determining the national policy in this business, and, if 
the reservoirs are subject to local control, particularly guarding against 
such misuse of the powers granted as would either allow the upper 
lands to absorb the water continuously through the dry season, or the 
authorities to require any but the cheapest and most liberal terms for 
its transportation to the inhabitants and farmers. 

The act should sanction its provisions and reservations to these ends 
by the most severe penalties of forfeiture of the privileges conferred, and 
of all improvements, with absolute and immediate resumption by national 
control to preserve and effect its original purposes. 

It is believed that if this is done there will never be any occasion 
for the exercise of the reserved powers, but that with less than this the 
national Government will abdicate its authority in a matter of vast im- 
portance to great areas of its lands and millions of its people, and find 
itself impotent to legitimately control affairs in emergencies that by 
foresight and wise legislation may now be prevented. 



XIV REPORT OF THE SECRETARY OF THE INTERIOR. 

The Director of the Geological Survey has in his report dwelt upon 
the details of this subject, and here only its general outlines are brought 
beforeyou. But with this presentation of the matter it is strongly 
recommended that attention be invited to the subject. It is a matter 
that should be taken out of the general appropriation bills and given 
its proper and separate place in legislation. 

SWAMP LANDS. 

The operations of the General Land Office as to swamp lands have 
embraced the claims under the State grants of September 28, 1850, and 
March 12, 1860, and the indemnity acts of March 2, 1855, and March 3, 
1857. Under the former there were claimed and reported 19,216.53 
acres, making, with all previous claims reported, 80,218,419.21 acres. 
Of this area there have been patented under the above- designated acts 
and that of March 2, 1849, 57,209,324.43. Under the indemnity acts of 
March 2, 1855, and March 3, 1857, there have been adjusted and al- 
lowed to this time 1,566,011.41 acres for cash entries of swamp lands, 
and 588,126.23 acres patented in lieu of swamp lands located with mil- 
itary bounty land-warrants and scrip. 

During the past year cash indemnity accounts were allowed to the 
amount of $32,472.83, and 7,906.63 acres patented to the several States. 

The State of Florida has become quite urgent that more patents 
should be issued to it. In the last annual report mention was made of 
the claim of this State, which has been recently supported by a letter 
to the secretary by the governor and ex officio president of the board 
of trustees of the internal improvement fund of the State of Florida, 
replying to the last annual report of the Acting Com missioner of the 
General Land Office. 

Of the 37,931,520 acres constituting the entire area of Florida, lists 
have been filed by the State for over 22,221,469 acres as swamp lands, 
the patents for 16,061,129.98 acres of which have already been issued. 
The law grants all legal subdivisions the greater part of which is "wet 
and unfit for cultivation." These lands are selected by State agents 
in the first place and lists filed, with report of the surveyor-general, 
in the General Land Office. Special agents then make actual examina- 
tion of the lands themselves, and, upon favorable report, these are 
ordinarily patented. But Congress, by the act of March 3, 1857 (11 Stat., 
251), confirmed lists to the States not then thus examined, and, among 
others, confirmed to Florida, of the above swamp lands, 11,630,271.51 
acres. This act it is now claimed is an absolute grant of the lands 
listed at its date, whether in fact swamp or not, under decision of the 
United States Supreme Court in Martin vs. Marks (97 S. C. R., 345). 
The letter of the governor ends as follows : 

In conclusion, Mr. Secretary, no matter what proportion of the lands heretofore 
patented to the State may be high and dry, or whether frauds have heretofore been 
perpetrated by Government or State agents, it can in no manner affect the right of 



REPORT OF THE SECRETARY OP THE INTERIOR. XV 

the State to the unpatented selections which come within the terms of the grant. Is 
it unreasonable that I should ask, now that nearly forty years have elapsed since the 
passage of the act, that with as little further delay as is consistent with due care, you 
make accurate lists and plats of such lands and transmit the same to the governor, 
and on his request to cause patents to issue to the State therefor. 

To say nothing of lands of this class elsewhere, there are over 4,000,000 acres of 
unpatented selections within the Everglade region, which, to anyone familar with 
the topography of Florida, are as certainly known to be " wet and unfit for cultiva- 
tion " as that the east coast of the State is washed by the waves of the Atlantic. 

This is a subject of grave importance, and will require further con- 
sideration. 

In this connection it may be mentioned that, owing to the large beds 
of phosphate recently found in Florida, a great increase of entries has 
been made there. Since these phosphates fall under the head of min- 
erals the lands are brought within the scope of the laws applicable to 
mineral lands, and to remedy some of the hardships growing out of 
the recent discoveries, Congress discussed the subject during its recent 
session, and passed the act entitled : 

An act for the protection of actual settlers who have made homesteads or pre- 
emption entries upon the public lands of the United States in the State of Florida 
upon which deposits of phosphate have been discovered since such entries were made. 

The Commissioner's suggestion therefore that some law should be 
passed for the relief of settlers upon whose claims valuable deposits of 
mineral may be found after settlement, has been anticipated in large part. 
But this act relates merely to Florida, and it will be perceived that the 
suggestion is for a similar law of general application. In the Secretary's 
judgment, however, the general statutes should be allowed to stand as 
they are, and if cases arise where they must be changed it will be time 
enough to act as each case may require attention. 

TIMBER TRESPASS. 

In the protection of the public timber lands during the year fifty-five 
agents were employed. 

There were reported three hundred and ten cases of trespass, in- 
volving $3,067,151.66. The sums recovered during the fiscal year by 
the Government from such suits amounted to $100,940.32. 

There were pending on July 1, 1890, as far as reported, two hundred 
and eighty- two civil suits for the recovery of $14,794,286.55 for timber 
reported as having been unlawfully cut from the public lands, and three 
hundred and six criminal prosecutions for violations of timber laws. 

It will be perceived from this exhibit that the special agents 
performed a great amount of hard work with very immediate profit 
to the Government. But it must not be forgotten that far greater 
benefits are realized from the knowledge on the part of those evilly- 
disposed that they can not commit fraud and robbery on the public 
domain with impunity. Were this force withdrawn, there can be no 
doubt that depredations would greatly increase, and for the most part 
escape punishment or detection. 



XVI REPORT OF THE SECRETARY OF THE INTERIOR. 

FORESTS. 

The Commissioner states that from an examination of the annual re- 
ports of his Office for the past eight years he finds that the most valua- 
ble timber on the public lands is being rapidly exhausted, and that the 
several laws now in force are wholly inadequate to prevent the public 
forests from illegal appropriation, or to protect the interests of the set- 
tlers who may need to use them in the development of the country. 

Perhaps the most flagrant instances of lawless invasion of the public 
domain have been found in the neighborhood of the Rainy River, form- 
ing part of our northern boundary line. The people of Canada have 
made great roads into our forests, and the timber is taken out on the 
river, where many steamers are engaged in this illicit business. There 
has been sent to those regions an expedition, fitted for a winter campaign, 
to detect and arrest these depredators. The force is fiom the Bureau 
of the General Laud Office, audits report will be placed before Congress. 
It is anticipated that this commerce, so profitable to others at our ex- 
pense, will be soon brought to an end. 

Attention is called to the several acts of Congress granting the use 
of public timber to aid in the construction of railroads, and also the 
act of June 3, 1878, authorizing certain persons " to fell and remove 
timber on the public domain for mining aud domestic purposes," which, 
in the opinion of the Commissioner, have " opened a door to unlicensed 
waste and destruction." 

The Commissioner recommeuds the enactment of a law repealing 
statutes that prohibit the entry of rugged, stony, or other timber lands 
unfit for cultivation, except under the mining or town-site laws, and 
allowing the settlers to use the timber on such lauds which they may 
actually need in developing the country ; and that the several States and 
Territories be invited to enact concurrent legislation prohibiting the 
destruction of the timber on the public lands, and prevent it from being 
removed or passed into the hands of a monopoly for only speculative 
purposes. 

The Commissioner also submits his report on Senate bill ISTo. 1394, 
dated March 10, 1890, giving in detail his views upon the timber ques- 
tion. In this he refers to the encouragement given by law to citizens to 
settle upon the public domain, and also to the prohibition contained in 
section 2461 of the Revised Statutes against the use of timber from the 
public lauds by such settlers in the development of the country. 

The protection of the timber upon the public domain is of the first 
importance. The great commercial value of this product, the ease 
with which it may be illegally appropriated, the difficulty of protecting 
the large forests from ravages by fire, which destroys annually a very 
much larger amount of wood on the public lands than all other causes 
combined, seem to require additional legislation by Congress. 

In the Secretary's last annual report (pages 36, 37) it was earnestly 



REPORT OP THE SECRETARY OF THE INTERIOR. XVII 

recommended "that Congress appoint a commission to take into con- 
sideration the subject of the public timber lands, with a view of ascer- 
taining the best method for their treatment, management, preservation, 
or of their disposal." The reasons are still in full force why such a 
commission should be provided for by Congress, and the recommenda- 
tion is therefore renewed and emphasized. 

DECISIONS ON IMPORTANT CASES OF CONTEST. 

Since the last annual report a number of important questions involv- 
ing the disposition of public lands have come before the Department for 
final determination, and it seems proper to submit herewith memoranda 
of a few of these cases, as indicative of their character and importance 
and the Departmental conclusions reached therein. 

FRANK BURNS, (10 L. D., 365). 

The control of unsurveyed lands, within the territories, lying below 
high-water mark, and above low-water mark ("tide lands") was in- 
volved in the case arising on the application of Frank Burns to locate 
Valentine scrip on lands of this character at Seattle, Wash. The 
application was made prior to the admission of the Territory into the 
Union ; but while such application was pending on appeal, the enabling 
act was passed, and the State was duly admitted. The Department 
denied the application of Burns, holding that the lands in question 
were not "public lands," and hence not subject to appropriation by Val- 
entine scrip, and that on the admission of a State into the Union it 
acquires by virtue of its inherent sovereignty absolute title to all tide- 
lands on its borders to the exclusion of any pending unadjusted scrip 
locations for such lands. 

GAMBLE V. SAULT STE. MARIE, (10 L. D., 375). 

An important case, involving the authority of the Government to 
dedicate public land to municipal uses, and the effect of such dedication, 
came up on an application to locate Porterfield scrip on a small tract of 
land in the village of Sault Ste. Marie. This village grew up about the 
old military post known as " Fort Brady," and, prior to September 2G, 
1850, had attained a considerable size. As it occupied public land, Con- 
gress, as of the date above, authorized proceedings to ascertain the 
rights of individual lot claimants, the position and extent of land 
required for military purposes, and directed the survey of the village 
into town lots, streets, and public squares, and the preparation of 
a plat showing the squares, individual lots, and public lots, and lots 
reserved for military and other public purposes. This plat as approved 
showed a tract of about three acres reserved as a village cemetery. 

The village was incorporated in 1874, and subsequently, for sanitary 
reasons, the use of the land for cemetery purposes was discontinued, 
and thereafter an application to locate said scrip on such land was 
INT 90 — vol I u 



XVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

made. This application was denied by the Department on the ground 
that the proceedings under said act of Congress, and in conformity 
therewith, constituted a statutory dedication to the village of Sault 
Ste. Marie of the land set apart for cemetery purposes, whereby the title 
passed from the United States, and upon the incorporation of the vil- 
lage, vested in the municipal authorities thereof, and that said land was 
not thereafter subject to appropriation as u public" land of the United 
States. (Gamble v. Sault Ste. Marie, 10 L. D., 375.) 

INSTRUCTIONS TO THE GENERAL LAND OFFICE. 

In the administration of the timber-culture law a question of serious 
importance arose, involving former Departmental regulations with re- 
spect to the period of cultivation required of the claimant. It was held 
by the Department for many years that the time allowed by the statute 
for the preparation of the land and the planting of the trees might be 
computed as a part of the requisite eight years of cultivation. Under 
this construction of the law final proofs were submitted on some twenty- 
five hundred entries. But on June 27, 1887, the Department issued a 
circular regulation to the effect that the period of cultivation must be 
computed from the time the full acreage of trees, seeds, or cuttings was 
planted. Under the later regulations these final proofs were insufficient 
to warrant the issuance of patents. But recognizing the right of parties 
to protection who had acted under the Departmental construction of a 
statute, and following the rule that such a construction, while unre- 
voked, has all the force and effect of law, it was held (9 L. D., 86) that 
the proofs thus submitted should be accepted if otherwise satisfactory, 
though adhering to the later construction of the law in case of entries 
made subsequently thereto. 

CHILDS V. SOUTHERN PACIFIC RAILROAD COMPANY. 

The status of lands embraced within the limits of railroad grants, and 
alleged to be excepted from the operation of the grant by reason of be- 
ing within the claimed boundaries of a private claim at the date when 
the grant took effect, has been many times before the Department for 
consideration, and the rulings thereon have in substance sustained the 
exception. But in the case of Samuel R. Childs v. The Southern Pacific 
Railroad Company (9 L. D., 471), the private claim was one of quan- 
tity within larger outbouudaries, and it was held, following the recent 
decisions of the United States Supreme Court in the cases of the United 
States v. M. Laughlin (127 U. S., 428) and Doolan v. Carr (125 U. S., 
018), that only so much of the larger tract was reserved for the adjust- 
ment of the claim as was required for the satisfaction thereof, and that 
lands thus within the larger outboundaries of an unlocated private 
claim of this character are subject to the operation of a railroad grant 
at the date when it becomes effective, except as to the quantity actually 
required to satisfy the claim. 



REPORT OF THE SECRETARY OF THE INTERIOR. XIX 

NORTHERN PACIFIC RAILROAD COMPANY V, STOVENOUR. 

The status of lauds within the limits of a railroad grant at the date 
when it becomes effective was also considered in the case of the North- 
ern Pacific Railroad Company v. Stovenour (10 L. D., 645), and it was 
held in that case, following previous rulings, that a prima facia valid 
pre-emption filing of record, at the date when the grant becomes effect- 
ive, excepts the land covered thereby from the operation of the grant, 
on the ground that such a filing raises a presumption of settlement as 
alleged, and of the actual existence of the pre-emption claim, that is 
conclusive as against a grant which excepts from its operation lauds 
covered by " pre-emption claims." It was, however, held in the same 
case that where the statutory period for making final proof and pay- 
ment under such filing has expired, without such proof aud payment 
having been made, no such presumption as to the validity of the claim 
as against the grant exists, but that it must then be presumed that the 
claim under such riling has been abandoned, though proof to the con- 
trary may be submitted by any one asserting a right to the land. 

CENTRAL PACIFIC RAILROAD COMPANY V. VALENTINE. 

The grant of lands to aid in the construction of the Central Pacific 
Eailroad, by the acts of Congress approved July 1, 1862 (12 Stat., 489), 
aud July 2, 1864 (13 Stat, 356), provides that " all mineral lands "shall 
be excepted from the operation of the grant. In the case before the 
Department of said company against Valentine (11 L. D., 238) it was 
urged that the rights of the company attached at the date when the 
line of its road was definitely fixed, and that lands that were not then 
known to be mineral lauds would pass under the graut, but it was held 
by the Department that the discovery of the mineral character of land 
at any time prior to the issuance of patent therefor effectually excludes 
such land from a railroad grant which contains a provision excepting 
all mineral lands therefrom (10 L. D., 365). 

TOWN-SITE OF KINGFISHER V. WOOD ET AL. 

The opening of Oklahoma to settlement and entry has brought be- 
fore the Department a number of interesting and serious questions for 
determination, and among the most important is that presented by the 
case of the Town-site of Kingfisher v. Wood et al. (11 L. D., 330). The 
provisions of the act (March 2, 1889) opening these lands to settlement 
and entry prohibited in express terms any one from entering said Ter- 
ritory prior to the hour fixed by the President's proclamation with the 
intention of settlement on any part thereof, and provided that a viola- 
tion of this restriction should forfeit the right to acquire title to any of 
said lands. 

In the case referred to it was held, as against one of the parties alleg- 
ing a settlement right, that no permission or license to be within said 



XX REPORT OF THE SECRETARY OF THE INTERIOR. 

Territory, by virtue of special employment therein, could be granted as 
against the express terms of the statute, or used to defeat the equal 
operation thereof and the rights of others thereunder; and that one 
who thus is permissibly within said territory prior to the opening thereof, 
and seeks to take advantage of his presence therein, "enters and oc- 
cupies" the same in violation of the statute, and is accordingly dis- 
qualified to enter any of said lands or acquire any right thereto. 

From these examples of the many important cases coming before the 
Secretary for adjudication it will be perceived that his daily duties as a 
judge are among the most difficult and laborious he has to perform. It 
is true he has the valuable aid of the assistant attorney-general as- 
signed to the Department and of the first assistant secretary on these 
appeals, each of whom now in office have brought to the task emi- 
nent ability and the greatest industry; but, nevertheless, the case 
must always be studied, the opinion approved in substance and expres- 
sion, and the judgment corrected or altered if found necessary, and, 
not infrequently, the whole labor of hearing, digesting, deciding, and 
writing falls upon the Secretary alone. 

ABANDONED MILITARY RESERVATIONS. 

Particular attention is called to the following extract from the Com- 
missioner's report, and the appropriation requested is strongly recom- 
mended : 

The appropriation of $20,000 for the survey, appraisal, and sale of abandoned mil- 
itary reservations by the act of March 3, 1885, was exhausted in the execution of the 
surveys under the instructions of departmental letter of January 20, 1887. 

No further instructions authorizing surveys of these reservations have been re- 
ceived since that date. Lack of funds has prevented a further compliance with the 
provisions of the act of July 5, 1884, authorizing the survey, appraisal, and sale of 
these reservations, and it is urged that an appropriation of $20,000 will be necessary 
to complete their survey. 

An official list of these reservations, seventy -five in number, and their acreage and 
present condition, will be found in Appendix C to the report. 

LAND CONTESTS. 

The following table, taken from the Eeport of the Commissioner of 
the General Land Office, shows the present condition of the contests 
now pending in his Bureau : 

Cases. 

Contests on hand July 1, 1889 „ 8, 185 

Received during the year 7 $31 

Total '. 15,816 

Cases finally disposed of 8, 470 

Leaving pending July 1, 1890 7, 346 

Involved in these pending 7,346 cases is embraced an acreage of 
1,175,360 acres. 
Of cases where no appeal was taken from the local land officers, 



REPORT OF THE SECRETARY OF THE INTERIOR. XXI 

counting those on band July 1, 1889, and those received after, there 
were 11,500, of which 7,374 were disposed of during the year. 

All the special force now authorized is still required to detect and de- 
feat, and in many instances to punish the mistakes and frauds injurious 
to the just administration of the national land system. During the 
past year there have been six special agents in the field making per- 
sonal examination of land claimed under the swamp land grant and at- 
tending to taking of testimony offered by the several states, showing 
the character of the lands claimed. There have been also sixty-one 
agents employed in investigating fraudulent land entries and protect- 
ing the public lands from illegal appropriation during the year. From 
them have been received during this time, 2,027 reports, which, with 
273 pendiug July 30, 1889, made for the year 2,300 ; 1,785 of them have 
been acted on, leaving 515 pending June 30, 1890. 

The Commissioner's report exhibits in detail the results of the work 
depending upon the sufficiency and intelligence of the special agents ap- 
pointed for the investigation of fraudulent land claims and also of 
those for public timber depredations. (Pages 79, 80.) 

OKLAHOMA CONTESTS. 

Oklahoma was created a Territory by act of Congress approved May 
2, 1890, and there was approved, on the 14th of the same month, the 
act entitled "An act to provide for town-site entries of lands in what 
is known as c Oklahoma, 7 and for other purposes." As required by this 
last-named act, the Secretary created boards of trustees and made reg- 
ulations for their control. These are hereto annexed (Appendix B). The 
boards have proceeded with their duties at the following-named town 
sites • Guthrie, Oklahoma, Kingfisher, Norman. The situation has been 
most anomalous, and the utmost patience and care have been required 
to meet justly the multiplied and often conflicting interests involved. 
The expense of the several boards has been necessarily large, but no 
more so than the circumstances demauded. The most severe feature of 
the case is that which requires that all appropriations expended shall 
be collected off the contestants and refunded to the Treasury from as. 
sessments made, the rule having been adopted requiring a deposit 
each day, sufficient to meet expenses, from the several contestants the 
deposit of the successful party being returned to him. The property 
of the whole town site according to its value was assessed for those ex- 
penses that were general and outside those that would be particularly 
caused by the contests over particular lots. An important opinion 
was rendered in the case hereinbefore set forth in brief (Townsite of 
Kingfisher vs. Wood), which construed the rights of those who were in 
the Territory before noon of April 22, 1889, if they had the purpose 
at that time of settling upon lands there. 

The work has not yet been completed, and there have been no recent 



XXII REPORT OF THE SECRETARY OF THE INTERIOR. 

complaints. There arc some town sites that may not be able to bear the 
attendant expense, and there may be need, of further legislation for 
their relief. 

SALARIES OF ASSISTANT SECRETARIES. 

It is a part of the work of both the First Assistant Secretary and the 
Assistant Secretary to pass upon many cases of importance that do not 
reach the Secretary, and the First Assistant has also, with the Assist- 
ant Attorney-General, to hear and prepare opinions to be recommended 
and signed by the Secretary. The Assistant Secretary presides over 
the Board of Pension Appeals, and all pension departmental opinions 
are made by him under the Secretary. These officers do great labor 
and of the most important kind, and it is strongly recommended that 
their salaries be increased to $5,000 each. 

RECEIVERS OF PUBLIC MONEYS. 

Soon after the present administration was inaugurated it was dis- 
covered that many of the local laud offices throughout the country 
were not complying strictly with the law in making deposits of the 
public moneys they received from day to day and week to week, where 
the offices were distant from a proper place of deposit, and a number 
of them were reported as defaulters. Some of them were actually so, 
but on further examination it was found that the charge was not sus- 
tained as against a few who, although they had not strictly complied 
with the law, had done so substantially ; and the cause of their beiug 
apparently derelict arose from the fact that notices of their deposits 
were sent only to the Treasury Department, and the information did 
not reach the Land Office before the account was there made up. 

This has been corrected by the Secretary of the Treasury requiring 
receivers of the public moneys to send when required duplicate re- 
ceipts for any deposits made by them at the depositories to the Gen- 
eral Land Office, as well as to the Treasury Department. By this 
means the credit appears at once in the Land Office as well as in the 
Treasury, and the account as made up in either place will be the same. 
This very slight change, it is thought, will prevent the loss of vast sums 
of money to the Government. The loss through receivers, appointed 
by the previous administration, amounted to over $25,641.17. Prose- 
cutions have been instituted, and it is hoped that the greater part 
will be recovered. 

A GREATER FORCE AND MORE ROOM NEEDED FOR THE WORK OF 
THE GENERAL LAND OFFICE. 

Notwithstanding all the labor that has been done, as shown in the 
previous statements, the work of the General Land Office is yet largely 
in arrears. The result of this in loss and inconvenience to the people 
is very great. The settlers are among our very best people, intelligent 



REPORT OF THE SECRETARY OF THE INTERIOR. XXIII 

and industrious, seeking to make homes for their families where they 
may enjoy a competency and independence. The whole public laud 
system has for its aim to bestow the lauds upon them under the most 
favorable conditions, so that they may be encouraged to develop the 
resources of our country, but this benign purpose is in a very great 
degree defeated by the want of sufficient appropriations for the em- 
ployment of clerks in the Land Office, and by not giving that office such 
space to work in that it may be done correctly and expeditiously. 

The settler commits himself in trusting confidence to the promises of 
the Government 5 but years after he is entitled to his patent, he finds 
himself without this evidence of his right. Unacquainted with the 
vast demands similar to his own pressing for attention, he blames the 
General Laud Office for what is to him an inexplicable delinquency. 
This delay and the criticism it engenders is unjust and needless. With 
the vast resources at its command, and the money receipts obtained 
from the public lands themselves, it is unreasonable for the national 
legislature to withhold the means of giving the owner, within a reason- 
able time, the evidence of his right to the land. 

These remarks apply with equal force to that portion of the work that 
must be speut upon contested claims. In every contest, he who has the 
actual right to the land is doubly interested in securing a patent at as 
early a day as possible. First, as one desiring to have the evidence of 
title to his land ; and again, and more particularly, because it has been 
brought into question. So long as it is questioned, and judgment de- 
ferred, the occupant is deterred from making improvements, is deprived 
of credit, and suffers greatly in anxiety as to the result. 

It is conspicuous in every bureau of this Department that the work 
essential to an efficient public service is increasing with the population 
and the spread of settlement to a degree that does not seem to be com- 
prehended by the law-makers. The effort to fit upon the present state 
of affairs the measures that were suitable to the last decade is made in 
vain. Neither the buildings nor the force that occupies them are com- 
mensurate with the public demands. No true statesman will attempt 
to save a small portion of the public revenue either by exacting immod- 
erate toil from its employes, or by delaying the people in the enjoy- 
ment of their fairly-earned titles to land and defeating their just expec- 
tations. 

INDIAN AFFAIRS. 

In reviewing the past year's work of the Department in regard to 
Iudians, it is seen that there has been steady progress made in engag- 
ing them in peaceful ways and industrial pursuits. A stronger desire 
is manifested among many for the education of their children, for the 
individual ownership of land, and generally for the comforts of civiliza- 
tion. 

But it needs to be said that a much larger area of land than is nee- 



XXIV REPORT OF THE SECRETARY OF THE INTERIOR. 

essary is held for ludiau occupancy. There are not more than 250,000 
Indians within the borders of the United States (excluding Alaska). 
The greater part of these reside upon or have some interest in the ex- 
isting reservations, the others living upon a portion of the public do- 
main. The aggregate area of the Indian reservations was, at the last 
report, about 116,000,000 acres, or 181,250 square miles, which is, as 
calculated by the Indian Commissioner, " greater than that of the New 
England and Middle States combined, greater than the aggregate area 
of the States of Ohio, Indiana, Illinois, and Kentucky, and nearly equal 
to the combined area of the two Dakotas and Montana ; or, to carry the 
comparison further, it is larger by half than the United Kingdom of 
Great Britain and Ireland, larger than Sweden or Norway, and nearly 
as large as either France or Spain." 

There has been a reduction during the fiscal year by cession of In- 
dian title to reservations under ratified agreements to the extent of 
about 13,000,000 acres of lands heretofore held by them, leaving the 
aggregate area of reserved land at this time over 103,000,000 acres. 
This is sufficient to give each of the occupying Indians, or those having 
rights thereon, over 750 acres. If all were given allotments as pro- 
vided in existing laws and treaties, each Indian would receive not more 
than an average of 80 acres of agricultural land, or 160 acres of grazing 
land. The surplus held in reservation appears therefore to be unrea- 
sonably large. A large portion of it is lying idle, and is a bar to the In- 
dians' progress, and our country's development. To restore this to the 
public domain will work no hardship to the Indians, if the cessions are 
made upon terms as fair as have characterized the agreements recently 
negotiated. Those Indians especially who are supported by the Gov- 
ernment, not because of treaty obligations, but in order to save them 
from starvation, should not continue to hold these large tracts without 
actual occupancy or use. It would be better for each tribe to part with 
its claim for a money consideration that would create a fund to be se- 
curely held by the United States, and upon which it could depend for 
the support of its members until, by proper use of individual home- 
steads, they may support themselves. 

INDIAN CESSIONS. 

The cessions made by various tribes should be more particularly set 
forth, as there were serious obligations imposed on the United States 
thereby that have not yet been performed. 

THE GREAT SIOUX IN NORTH AND SOUTH DAKOTA. 

Under the provisions of acts of Congress approved March 2, 1889 
(25 Stats., 888), and also a clause in the Indian appropriation act, ap- 
proved the same day (25 Stats., 1002), a commission was appointed by 
the President on April 19, 1889, and negotiations with the Indians were 



REPORT OF THE SECRETARY OF THE INTERIOR. XXV 

began in the early part of June. In the Secretary's last annual report 
the authority and organization of this commission were set forth at 
length, but it had not then made its report. This was done under date 
of December 24, 1889, and with it was presented satisfactory proof of 
acceptance and consent of the act by more than three-fourths of the 
whole number of male adults occupying or interested in the Great Sioux 
Reservation. A number of recommendations, promised to the Indians 
by the commissioners, pertaining to matters not embraced in the act, 
were embodied iu the report. 

The President, by proclamation dated February 10, 1890, made known 
the acceptance of said act, and declared it to be in full force and effect, 
and on the same day there were transmitted to the Senate and House 
of Representatives the report of the commission and accompanying 
documents, together with a communication from this Department, dated 
January 30, 1890, submitting a draught of a bill embodying the several 
recommendations of the commission, and the necessary provisions of 
legislation to carry them into effect. (See Senate Ex. Doc. No. 51, 
Fifty-first Congress, first session.) 

The appropriations made or found available have been such as to 
enable the Department to perform only partially the requirements of 
the act. No funds were appropriated and no legislation enacted to ful- 
fill the recommendations made by the commission to the Indians, in the 
following particulars: 

(1) For payment to the Indians of the Standing Rock and Cheyenne 
River agencies for value of ponies taken from them in 1876, for which 
$20,000 was estimated. 

(2) For compensating the Indians of the Crow Creek Reservation for 
losses sustained by them in receiving in their diminished reservation 
less land per capita than was secured by other Indians. For this pur- 
pose $187,039 was estimated. 

(3) For purchase of land for those Santee Sioux Indians in Nebraska 
who had received no lands in severalty on their reservation by reason 
of restoration of all the unallotted lands to the public domain. For 
this the estimate made was $32,000. 

(4) For a division and apportionment of the permanent fund provided 
for under section 17 of the Sioux act of March 2, 18S9, so as to have a 
separate fund for each of the diminished reservations placed to the 
credit of the Indians occupying them. The Commission promised the 
Indians when obtaining their consent that these things should be ac- 
complished. Recommendations to this effect have been made, and still, 
in good faith, demand recognition. 

The attention of Congress should also be again called to the fact 
that no provision was made in this act or otherwise for the expenses 
of the surveys rendered necessary to carry out its provisions, nor for 
the expenses of making allotments to the Indians. Items of appropria- 
tion were submitted by this Department, but were not provided for by 



XXVI REPORT OF THE SECRETARY OF THE INTERIOR. 

Congress! (See House Ex. Doc 284, Fifty-first Congress, First Session.) 
There were 9,000,000 acres ceded to the United States under this agree- 
ment. 

THE CHIPPEWA8 IN MINNESOTA. 

In the last annual report attention was invited to the work of the 
commission appointed to conduct negotiations with the Chippewa In- 
dians in Minnesota, as provided in the act of Congress approved Jan- 
uary 14, 1889, (25 Stats., 642). A final report, dated December 26, 1889, 
was submitted by the commission with an agreement (in ten parts) 
executed by the various bands or tribes of said Indians, accepting all 
of the provisions of the act. There were also submitted the proceedings 
of the several councils held and a census of the Indians, taken as re- 
quired by the act, the number of male adults of each of the separate 
bands being given and the number of such persons assenting to the act, 
a summary of which shows that 1,884 signed the acceptance of the act, 
being over 86 per cent.; more than the requisite two-thirds specified 
on each of the several reservations, and more than two-thirds of such 
adults of all the Chippewa Indians in Minnesota, as required in the case 
of the Ked Lake Eeservation. (See Section 1.) 

On March 4, 1890, the President gave his requisite approval to the 
agreement and transmitted to Congress a copy of the report of the 
commission and all necessary papers, together with a draught of a bill 
providing for the means to carry out the provisions of the act. The 
documents can be found in House Ex. Doc. 247, Fifty-first Congress, 
first session. 

The commissioners having reported that the Indians generally had 
indicated to them their desire and intention to take their individual 
allotments on the reservations where they were residing when the ne- 
gotiations were conducted, and it being manifestly impossible to ascer- 
tain and determine as to what particular portions and how much of the 
laud within the several reservations (except Eed Lake and White Earth 
Eeservations) would be subject to appraisal and sale under sections 4 
and 5, or to settlement and sale under section 6 of the act, until the 
Indians had had an opportunity to select their allotments, public notice 
was given by the Secretary, March 5, 1890, to the effect that none of 
said land, whether " pine lands v or " agricultural lands " within said 
reservations, were open or would be open to sale or to settlement by 
citizens of the United States, until advertisement to that effect should 
be given, and then only as provided in such act. All persons were 
therein warned to refrain from going upon any of the lands within the 
limits of said reservations for any purpose or with any intent whatso- 
ever ; that no settlement or other right could until then be secured 
upon said lands, and that all persons found unlawfully thereon would 
be dealt with as trespassers and intruders. 

The balance of the appropriation of $150,000, made by section 8 of 
the act, after deducting $90,000 for payment of interest, as required 



REPORT OF THE SECRETARY OF THE INTERIOR. XXVII 

thereby and about $30,000 for the expenses of the commission, was so 
small as to render it impossible to'do much toward carrying" out the 
further provisions of the act, until additional appropriations were made 
by Congress. 

However, orders were given for the survey and marking of the out- 
boundaries of the Red Lake diminished reservation, and for the subdi- 
vision of the same, and also for the extension of the public surveys 
over portions of the ceded lands, beginning with the land south and 
east of the diminished reservation. 

The task has proven a delicate one, from the legal questions involved 
on the one hand and the possible conflicts that may arise on the other. 
But under the negotiations now in progress it is believed the business 
will soon be brought to a conclusion satisfactory to all concerned. 

Congress at its last session appropriated the sum of $200,000 for car- 
rying out the further provisions of the act, one-half of which is to be 
applied to the surveys, appraisals, removals, and allotments. 

The chairman of the commission, Mr. Rice, is now in the field 
actively engaged in instructing and assisting the Indians under the 
new order of things, and it is the Secretary's purpose to prosecute the 
work of removal, allotting lands, and surveying the ceded lands not re- 
quired for allotments and disposing of them as rapidly as the circum- 
stances will warrant and the means provided admit. 

OTHER CESSIONS MADE. 

There are pending in Congress agreements as follows: For the 
cession of about 1,600,000 acres of the Fort Berthold Agency Reser- 
vation in North Dakota, negotiated under provisions of the act of 
May 15, 1886 (24 Stats., 44); for about 184,960 acres of the Coeur 
d'Alene Reservation in Idaho, negotiated under the act of March 2, 
1889 (25 Stats., 1003) ; for about 600,000 acres of the Lake Traverse 
Reservation in South Dakota, negotiated under the provisions of sec- 
tion 5 of the general allotment act of February 8, 1887 (24 Stats., 388) ; 
for about 1,095,000 acres of the Southern Ute Reservation in Colorado, 
negotiated under the fourth section of the act of May 1, 1888 (25 
Stats., 133), and for about 7,871 acres of the Flathead Indians in 
Bitter Root Valley, Montana, negotiated under the provisions of the 
act of March 2, 1889 (25 Stats., 871). These should all have early 
attention by Congress. 

CESSIONS BY VARIOUS TRIBES THROUGH THE CHEROKEE COMMISSION. 

Early in April of this year the commission appointed under the pro- 
visions of section 14 of the Indian appropriation act, approved March 
2, 1889 (25 Stats., 1005), was returned to the field (under the chairman- 
ship of Hon. David H. Jerome, of Michigan), and proceeded to the In- 
dian Territory. 

The commission undertook negotiations with tribes occupying lands 



i 

XXVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

west of the 90° of longitude within the Territory of Oklahoma as con- 
stituted by the act of May 2, 1890, and met with almost immediate suc- 
cess. 

Agreements have been concluded with the following Indians, subject 
to ratifications by Congress, whereby they will take allotments in sev- 
eralty and relinquish their surplus lands to the United States, viz : 

The Sacs and Foxes of the Mississippi.— This reservation contains 
479,668 acres. It is estimated that 155,000 acres will be required for 
allotments, leaving a surplus of some 325,000 acres, for which the sum 
of $485,000, or about $1.49 per acre, is to be paid. 

The lowas.— This reservation contains 228,418 acres. 12,418 acres 
will be required for allotments, leaving a surplus of some 216,000 acres, 
for which the sum of $84,350, or about 39 cents per acre, is to be paid. 

The Absentee Shawnees and Citizen Pottaw atomies. — This tract of land 
contains 575,877 acres, of which 175,877 acres will be required for allot- 
ments, leaving a surplus of some 400,000 acres, for which the sum of 
$225,000, or 56^ cents per acre, is to be paid. 

These agreements were submitted by the President to Congress where 
they are now pending. (See Senate Ex. Docs. Nos. 171, 172, and 186, 
Fifty-first Congress, first session.) When ratified, they will result in 
opening to homestead settlement some 941,000 acres of land, the aggre- 
gate amount to be paid therefor being $794,350, an average price of 
84.4 cents per acre. 

By a clause in the act of August 19, 1890 (Public No. 235, p. 23), the 
sum of $20,000 is appropriated to enable the Secretary of the Interior 
to continue the commission, and it is now in the Territory of Oklahoma, 
engaged in negotiations with the Cheyennes and Arapahoes, which, at 
the latest account, promise to be successful. 

OTHER COMMISSIONS TO NEGOTIATE CESSIONS. 

The appointment of the following commissions was also authorized 
during the last session of Congress : 

NORTHERN BAND OF CHEYENNES. 

(I) To negotiate with the northern band of Cheyenne Indians on 
Tongue Eiver Eeservation and its vicinity in Montana, and with the 
band of Northern Cheyenne Indians on the Pine Eidge Eeservation 
in South Dakota, for such modification of their treaty and other rights 
as may be deemed desirable by these Indians and the President, and 
for their removal and permanent settlement upon any existing reserva- 
tion ; and if necessary to negotiate with any other tribe or band of 
Indians for such portion of their reservation as may be required for the 
permanent settlement of the Northern Cheyennes. 

PUYALLUP INDIANS. 

(2) To visit the Puyallup Eeservation in Washington, and to make 
full inquiry and investigation as to the nature of the title to, and 



I 

REPORT OF THE SECRETARY OF THE INTERIOR. XXIX 

value of, the lands allotted in severalty ; whether there are any com- 
mon lands, and if so the value of the same, and the interest of the 
Indians therein; whether any restrictions now existing upon the power 
of alienation by the Indians of their patented lands should be removed 
in whole or in part j as to the manner in which lands shall be disposed 
of when the Indians shall be invested with power to dispose of their 
individual tracts ; and as to other various matters regarding the status 
of the lands, rights of way for railroads, welfare of the Indians, etc. 

TURTLE MOUNTAIN BAND. 

(3) To negotiate with the Turtle Mountain band of Chippewa In- 
dians, in North Dakota, for the cession and relinquishment to the United 
States of whatever right or interest they may have in or to any and all 
land in said State to which they claim title, and for their removal to the 
White Earth Eeservation in Minnesota ; also to obtain the consent of 
the Chippewa Indians in Minnesota for the settlement of said Turtle 
Mountain Chippewas on the reservation lands of the former. 

WARM SPRINGS INDIANS. 

(4) To visit and thoroughly investigate and determine as to the cor- 
rect location of the northern line of Warm Springs Indian Reservation 
in Oregon, and to negotiate with the Indians located on the Colville 
Reservation in Washington for the cession of such portion of the 
reservation as the Indians are willing to dispose of, that the same may 
be opened to settlement. 

Each of the foregoing commissions provided for in the Indian appro- 
priation act approved August 19, 1890, has been appointed by the 
President, has been instructed as to its duties, and is now engaged in 
the work of which the respective laws approved. 

ROUND VALLEY INDIANS. 

(6) The act of October 1, 1890, entitled "An act to provide for the 
reduction of the Round Valley Indian Reservation, in the State of Cal- 
ifornia, and for other purposes," provides for a commission of three dis- 
interested persons, to be selected by the President, to select grazing and 
timber lands within the Round Valley Reservation in California to be 
retained by the Indians, and to appraise the value of any and all agri- 
cultural lands within said reservation, with the improvements thereon, 
which have become the property of individuals by purchase from the 
State of California, and also to appraise the value of all improvements 
made by private persons or firms before the 3d day of March, 1873, 
upon any of the other lands of the reservation included within the 
lands selected and retained for the Indians. The act also provides for 
a similar commission to be appointed by the President to appraise the 
remainder of the grazing and timber lands of the reservation and the 
improvements placed thereon before the 3d of March, 1873. 



XXX REPORT OF THE SECRETARY OF THE INTERIOR. 

CROW INDIANS. 

The act of September 25, 1890, entitled "An act to authorize the 
Secretary of the Interior to procure and submit to Congress a proposal 
for the sale to the United States of the western part of the Crow In- 
dian Reservation in Montana," provides for a commission of three per- 
sons, to be appointed by the Secretary of the Interior, to negotiate with 
the Crow Indians for a surrender to the United States of all that por- 
tion of their reservation in Montana, or so much thereof as they will 
consent to surrender, which is situated south of the Yellowstone River 
and west of the divide between Pryor Creek and Clark's Fork, in said 

State. 

None of the agreements that may be made by these commissions are 
to be valid until ratified by Congress. 

PRAIRIE BAND OF POTTAW ATOMIES AND KICKAPOOS. 

The commission appointed under the act of March 2, 1889, to treat 
with the Prairie band of Pottawatomies and the Kickapoo Indians in 
Kansas, is continued by a clause in the Indian appropriation act, and 
will proceed again with its efforts to complete the agreement it tailed 
to secure during the past year. 

CENSUS OF SIOUX NATION OF INDIANS. 

By the Indian appropriation act of March 21, 1889 (25 Stats., 992), 
provision is made requiring — 

That the Secretary of the Interior shall cause a census of the Sioux tribe of In- 
dians to be carefully taken by a special agent to be appointed for such purposes, 
with a view of ascertaining how many of them are able to support themselves, 
and, in ascertaining this fact, their physical capacity to work, the laud owned or 
occupied by them, either individually or collectively; the value of the land, its 
nearness to market, and general productiveness shall be considered, and such other 
facts and circumstances as will aid Congress in determining how many of such In- 
dians are capable of support. 

For this duty a special agent was appointed under date of June 24, 
1889. He has not as yet finished his work, nor filed any statistical or 
complete reports of it; but from his bulletins of progress made each 
week sufficient data has been obtained to show that the number of In- 
dians of Rosebud Agency was greatly overestimated and that issues 
of rations were being made to the chiefs and head men for over two 
thousand more Indians than were actually present on the Rosebud 
Agency Reservation. Immediately upon receipt of this information, 
action was taken by the Indian Office to reduce the quantities of food 
for the delivery of which contract arrangements for the fiscal \ear had 
been made. 

Knowledge of the extent of the ability of these Indians to support 
themselves, when procured in accordance with the provisions of the 
act, will be of great value in assisting the Department to carry out the 
provisions of article 5 of the agreement approved February 28, 1877, 





REPORT OF THE SECRETARY OF THE INTERIOR. XXXI 

10 Stats., 256, which among other things provides that " such rations, 
or so much thereof as may be necessary shall be continued until the 
Indians are able to support themselves." This provision of the agree- 
ment while imposing upon the Government the obligation' to sustain 
the ludians until they are able to support themselves, imposes upon 
them no less the obligation and duty to address themselves to the task 
of becoming self-supporting. 

If the terms of the recent agreement made with them are speedily 
provided for and enforced it is believed that this tribe will presently be 
distinguished for its rapid progress toward civilization as it has hereto- 
fore been for bravery and intelligence in savage warfare. Fair and 
generous treatment by the Government is the best means to bring about 
this desirable condition. 

APACHE INDIANS IN ARIZONA. 

A portion of the Indians belonging on the San Carlos Keservation, in 
Arizona, continue to give some apprehension of outbreak among them. 
The overt acts of violence and the disturbances created are caused 
mainly by a few renegade Indians. In order to maintain greater secu- 
rity of life and the preservation of peace in the Territory it was deter- 
mined by the military authorities commanding them to be necessary to 
remove the turbulently disposed Indians to some place where they 
could be more securely restrained. The military post of Fort Union, 
in New Mexico, was selected as the best place for that purpose, and to 
it sixty-eight of the dangerous class of the Apaches of San Carlos were 
removed in March, 1890, where they are now detained under military 
control. The rations furnished them by the War Department should 
have been paid for out of the appropriations made to the Department 
of the Interior, u to subsist and properly care for the Apache and other 
Indians in New Mexico or Arizona," but the accounting officers of the 
Treasury Department have refused to allow this money to be so applied. 
It is hoped, however, that some adjustment of this fair demand may yet 
be made; for otherwise these now held for the sake of peace will have 
to be restored to the camps and new disorders will be apt to arise. 

At the same time Major-General Nelson Miles, then commanding the 
Division of the Pacific, urged again upon this Department, through 
the War Department, his views for removing from the San Carlos Ees- 
ervation the more peaceably disposed Tontos and Mojaves to the Camp 
Verde and Fort McDowell military reservations, in order to separate 
them from those who were disposed to be troublesome at San Carlos, and 
because the Indians desired to goto those localities, from which they 
had been formerly removed. This proposition had been fully discussed 
and considered by Mr. Secretary Lamar and Mr. Secretary Vilas, both 
of whom declined to favor it. Notwithstanding this, the importance of 
the subject caused it to be taken under consideration by the present 
Secretary, and a report thereon was received from Capt. J. L. Bullis, of 



XXXII REPORT OF THE SECRETARY OF THE INTERIOR. 

the United States Army, the acting agent at San Carlos, which is sub- 
stantially as follows : 

(1) That the Indians on San Carlos Reservation do not at present manifest any 
turbulence. There are eight renegades and murderers at large ; live from San Carlos 
who were in the hands of the civil authorities, but escaped. 

(2) In 1875, the Mojaves, Yurnas, and Tonto-Apaches were removed from the Verde 
Valley to this reservation. Most of the Yurnas and Mojaves, who number in all about 
eight hundred, and some of the Tontos, who number in all about six hundred, are 
desirous of returning. They might be divided between Fort Verde and Fort Mc- 
Dowell, both located in Verde Valley about 90 miles apart. 

(3) Should the fourteen hundred Yumas, Mojaves, and Tontos be removed, a re- 
duction of two-fifths of the annuity goods, supplies, etc., for San Carlos might be 
made, but all the employes would still be necessary. 

(4) The said Indians could not be cared for at Forts McDowell and Verde without 
the establishment of an agency at each point. They would have much less country 
than they have now, would be much more closely surrounded by whites, and would 
therefore be more liable to get iuto trouble. 

The area of the Fort Verde Eeservation is 9,000 acres; that of Fort 
McDowell, 27,750 acres. The greater part of the latter is reported to 
be rough and broken. Only a small portion of the two reservations is 
suitable for agricultural purposes. 

From a military point of view, great weight is attached to General 
Miles's views in regard to what is best to be doue to accomplish the mil- 
itary duty required in that locality; but to carry out his suggestions, it 
appears that there would be required the establishment and mainten- 
ance of two additional agencies for the management of Indians in Ari- 
zona, and appropriations for these would have to be secured from Con- 
gress. Protests, moreover, have already been received from the gov- 
ernor of Arizona, and from other sources, against the removal of Indi- 
ans from the San Carlos Eeservation to the Verde Valley. 

Under all the circumstances, and in view of the information furnished 
by the acting agent at San Carlos, an officer of the Army, it is not 
deemed that the condition of affairs would be so improved, if improved 
at all, as to warrant an order again scattering the Indians from the 
San Carlos Eeservation over the localities from which they have been 
heretofore gathered. 

MISSION INDIANS IN CALIFORNIA. 

The Mission Indians, whose rights were fully recognized and re- 
spected by both the Spanish and Mexican Governments, have suffered 
such wrongs under our Government that they have formed the subject 
of numerous official reports during the last twenty years. The Execu- 
tive Departments have done all that was possible to protect them in the 
possession of their ancient homes and villages, and to repress the en- 
croachments constantly attempted upon their lands, but through the 
failure of legislative action their situation has grown worse from year 
to year. Innocent settlers have also doubtless been deprived of just 



REPORT OF THE SECRETARY OF THE INTERIOR. XXXIII 

rights and made to suffer undeserved losses through the inability of 'the 
Department to properly discriminate between them and willful tres- 
passers. 

A bill for the relief of these Indians, under which it is hoped the 
rights of both Indians and settlers can be ascertained, defined, and pro- 
tected, passed the Senate during the Forty-eighth, Forty-ninth, and 
Fiftieth Congresses, failing each time in the House of Representatives. 
It was again passed by the Senate during the recent session and was 
under consideration in the House, but failed to pass from want of time. 
The necessity for this legislation has been repeatedly shown. The last 
session of Congress enacted long-delayed legislation looking to adjust- 
ment of serious embarrassments surrounding the Round Valley Reser- 
vation Indians in California, the Northern Cheyenne Indians in Mon- 
tana and South Dakota, the Turtle Mountain Chippewas in North 
Dakota, the Puyallup Reservation Indians in Washington, the Menom- 
onee Indians in Wisconsin, and other Indians, and it is earnestly hoped 
that the measure for the Mission Indians may become a law during the 
approaching session. 

NORTHERN CHEYENNE INDIANS, 

Since the last annual report two white men, Ferguson and Boyle, 
have been killed on the reservation of the Northern Cheyenne Indians 
of the Tongue River Agency, in Montana. The settlers in the vicinity 
feel that they have some cause for alarm, and several companies of 
United States troops have had to be placed on the reservation at differ- 
ent times and places to preserve the peace. The appropriations made 
by Congress have not been heretofore sufficient to enable the Indian 
Office to furnish food in such quantities as to prevent hunger among the 
Indians, and they are charged with depredating upon the cattle of 
neighboring ranchmen. On the other hand, the Indians themselves 
have complained of the trespassing of the cattlemen upon their reser- 
vation. The investigations made have shown that neither the Indians 
nor white men have been wholly without fault. 

The murders mentioned have, however, produced a strong public 
opinion among the white people against the whole body of the Tongue 
River Cheyennes, and it is believed that unless removed from their 
present location there will be much trouble for them there. 

The Northern Cheyenne Indians at this agency, and those located 
among the Sioux at the Pine Ridge Agency in South Dakota, numbering 
in all 1,424, are of one tribe and desire to be united. . While separated 
they have been disposed to visit back and forth between the two agen- 
cies, neglecting proper efforts for self-support. A survey of the land 
on the Tongue and Rosebud Rivers in Montana, selected for allotment 
to these Indians, has shown that there is not sufficient suitable land to 
make allotments of the areas required by the general allotment act to 
the Indians already at the Tongue River Agency, to say nothing of 
INT 90— VOL I III 



XXXIV REPORT OF THE SECRETARY OF THE INTERIOR. 

those who are now at Pine Ridge and desirous of going to Tongue 
Eiver. 

For these and other reasons presented to Congress that body has 
provided by law for negotiations for the consolidation of these North- 
ern Cheyenne Indians and for securing them a suitable reservation on 
some one of the existing Indian reservations. A commission to conduct 
the negotiations with these Indians has been appointed by the Presi- 
dent, and it is hoped that a suitable home will soon be found for them 
where they can be permanently located and the work of their civiliza- 
tion begun. In the mean time, and until this is accomplished, an appro- 
priation made by Congress for the purpose at its last session will enable 
the Department to supply better rations. 

INDIAN CONTRACTS WITH ATTORNEYS. 

It is appropriate in connection with the foregoing cessions to speak 
of those contracts made by Indian tribes with lawyers and often un- 
professional men to secure their services in obtaining the allowance of 
certain claims, or to aid in certain negotiations, the fee or compensa- 
tion being usually contingent upon success. This compensation is in 
most cases measured by a percentage upon the sum realized, and would 
often, in case of success, amount to a large sum. All such contracts 
must now be approved by both the Commissioner of Indian Affairs 
and the Secretary of the Interior in accordance with the provisions 
of law relating thereto (Rev. Stats. U. S., sec. 2103, et seq.). 

These contracts have had for their aim either, on the one hand, to 
negotiate some demand made by the Indians which would require legal 
action such as the Indians themselves are incapable of undertaking or 
even understanding with the advice and assistance of experienced per- 
sons, or, on the other hand, to aid apparently in securing for the Indians 
a fair price for lands in negotiations with commissioners appointed 
under authority of Congress. 

The practice of allowing such contracts has existed for many years, 
and the compensation paid has been very large at times, although only 
seemingly small percentage on the sums paid to the principals. But 
mature reflection and experience have convinced both the Secretary 
and the Commissioner that such contracts are to be discountenanced. 
Certainly no more will be allowed with attorneys for any supposed 
assistance they can give at any negotiations with commissioners for 
the cession of lands. Ordinarily there is nothing to be discussed be- 
tween those in possession and the agents of the United States except 
the price, and on this point the Indian is found quite as apt to know 
his interest as any one he might employ ; on the other hand, the com- 
missioners, as representatives, are not instructed or expected to offer 
less than the Indian should fairly have. It is not a case of barter be- 
tween independent parties dealing at arm's length, but an affair between 
the guardian and the ward— frequently, indeed, the offer by the United 



REPORT OF THE SECRETARY OF THE INTERIOR. XXXV 

States of a very large sum of money for land the Indians' title to which 
is wholly dependent upon the will of the Executive. The commissioners 
are selected for their worth and intelligence, with only such compensa- 
tion as will meet their expenses, so that their sole motive is to do justice 
to the Indians as well as to the nation. Moreover, their agreements 
when secured are subject to either approval by the President or ratifi- 
cation by Congress. There seems small reason to allow any consider- 
able sum for services by attorneys in such cases. 

There is, however, reason why contracts in the other class of cases 
should be approved, at least when the amount to be realized as a fee 
is graded reasonably according to the talent, experience, and labor in- 
volved. Many claims would be lost to the Indians without such assist- 
ance. The distinction between the classes is easily perceived. 

The Commissioner has expressed himself in harmony with these views 
in his report, and has further requested that that office may have an 
appropriation for a solicitor. However, the law force supplied the 
Department, the Assistant Attorney -General and his clerks, is prob- 
ably enough to determine any difficult questions of law that may arise 
when the Commissioner has digested and reported the facts. The Com- 
missioner has a free opportunity to apply to the Assistant Attorney- 
General through the Secretary for an opinion in any case he may deem 
proper. 

ALLOTMENTS OF LANDS TO INDIANS. 

Since the last annual report satisfactory progress has been made in 
work of allotting lands in severalty. 

Under the authority contained in the fifth section of the general 
allotment law (24 Stats., 388) successful negotiations were conducted 
with the Sisseton Indians in South Dakota for the cession of their sur- 
plus lands, and the agreement entered into for this purpose, which 
was submitted to Congress early in the session, passed the Senate, but 
failed to receive favorable consideration in the House of Representa- 
tives. The failure to ratify this agreement is a matter to be greatly 
regretted, as many of the Indians are in a destitute condition, owing to 
repeated crop failures, due to successive droughts, and are likely to 
suffer from want during the coming winter. The payment of annuities, 
long unjustly withheld from them, as provided in the agreement, would 
have relieved their immediate necessities and secured them against 
further immediate sufferings. 

The field work of making allotments has been entirely completed 
during the year on the Yankton Reservation in South Dakota, the 
Grande Ronde Reservation in Oregon, the Modoc, Ottawa, Seneca, and 
Shawnee Reservations in the Indian Territory, and such work will be 
finished upon several other reservations at an early day. 

An appropriation of $5,000, made on August 19, 1890, is now availa- 
ble for conducting the negotiation with Indians for cession of their sur- 
plus as authorized by the fifth section of the allotment act, and such 



XXXVI REPORT OF THE SECRETARY OF THE INTERIOR. 

negotiations will be entered on as soon as trust patents are delivered 
and the quality of the the surplus land and the condition of the Indians 
may warrant it. 

A bill to amend the general allotment law, so as to remove the 
inequality in the quantity of laud allowed different classes of Indians, 
passed both houses of Congress at the last session, but in different 
form, and therefore failed to become a law. The Senate bill provides 
for an allotment to married women, leaving the quantity of land allowed 
minor children and single adults unchanged, wh ile the House bill pro- 
vides for an allotment of eighty acres to each member of the tribe. In 
the Secretary's opinion, the latter bill is much more just and will give 
more general satisfaction to the Indians than the former, each member 
of the tribe having an equal interest in its common property. 

It is hoped that early disposition of the matter may be made, as 
either measure will require re-allotments and re-adjustment of allot- 
ments on reservations where allotments have been completed. 

It is also worthy of consideration whether the period now allowed 
the tribe to determine whether it will receive allotments should not be 
put under control of the President, so that if he deems it proper in any 
particular case he may shorten the time for exercising the choice^ for 
as the law stands many tribes give no attention to the subject and 
delay unreasonably all negotiations. 

CATTLE GRAZING ON INDIAN LANDS IN THE INDIAN TERRITORY AND 

OKLAHOMA. 

In the Secretary's last annual report reference was made to the fact 
that a corporation, established under a State law, was seeking to lease 
for long periods and at egregiously large prices and for merely grazing 
purposes certain lands, for the cession of which to the United States a 
commission appointed under section 14 of the Indian appropriation 
act of March 2, 1889 (25 Stats., 1005), had been authorized to negotiate, 
and attention was called to the fact that all such leases, in the then In- 
dian Territory, were illegal and void. On February 17, 1890, a proc- 
lamation was issued directing that no more cattle or live-stock should 
thereafter be brought upon the Cherokee Outlet, and that all cattle or 
live-stock then on said lands must be removed therefrom not later than 
October 1, 1890. 

In accordance with the Secretary's instructions, the Commissioner 
of Indian Affairs, on March 29, 1890, issued a notice that all cattle and 
other live-stock, held on any Indian lands in the Indian Territory under 
any pretended lease, contract, or other arrangement with Indians for 
the use of any part or portion of any Indian lands for grazing pur- 
poses, must be removed therefrom not later than October 1, 1890. 

By proclamation of September 19, 1890, the time for removal of 
stock from the Outlet was extended to November 1, 1890, as to one-half, 
and to December 1, 1890, as to the other half, the owners having sub- 



REPORT OF THE SECRETARY OF THE INTERIOR. XXXVIT 

mitted a proposition, in writing, agreeing to so remove their stock and 
abandon all claims to the Outlet. 

In harmony with this a similar modification was made in the order 
for the removal of cattle from the other Indian lands in the Indian and 
Oklahoma Territories. This policy of exclusion is still deemed the best 
for all interests involved. It will be in vain to attempt to open the 
vast regions of the Indian reservations at any reasonable compensa- 
tion to the Indians if they are allowed to let them to white men for 
grazing cattle. Although the money received is small compared to 
that the United States would pay annually as interest for the trust fund 
derived from the lands, the Indians will prefer the cash which can be 
lost or spent in a few days each year without the careful control the 
Government would give. The results are complete bars to advance and 
the Indian policy is defeated. In many instances there is good reason 
to believe that the money realized is appropriated by a few among the 
more designing of the Indians and does not reach the majority of the 
tribe at all or in but small sums. Moreover these cattle that are pas- 
tured are not themselves taxed, and come into the market in competi- 
tion with the beeves of farmers who pay taxes both on their lands and 
cattle. Their number and their cheapness are the results of an illegal 
traffic, and their owners should be allowed no such unjust advantage. 

CUTTING AND SALE OF DEAD AND FALLEN TIMBER BY INDIANS. 

The Menomonee Indians of Green Bay Agency, Wis., and 
several of the bands of Chippewa Indians of White Earth Agency in 
Minnesota early in the fall of 1889 applied for permission from the 
Department to engage during the winter in cutting and preparing for 
market dead and down timber on their several reservations. By the 
act of February 16, 1889 (25 Stats., 673), it was provided that " When- 
ever there is reasonable cause to believe that such timber has been 
killed, burned, girdled, or otherwise injured for the purpose of securing 
its sale, under this act, then in that case such authority shall not be 
granted." But the reports from the agents gave no grounds for with- 
holding the authority, and it was granted and appropriate regulations 
to govern the work were prescribed. 

The Menomonees, having moderate means and some experience in 
the work, succeeded during the season in cutting and banking for sale 
nearly 25,500,000 feet of pine and about 1,000,000 feet of other timber, 
which, when sold, netted them nearly $218,000, $196,000 of which was 
paid in cash to those engaged in the work, and $22,000 was deposited 
in the United States Treasury as a stumpage fund, to be used as 
required for the support of the poor, sick, and helpless of the tribe, 
and for the maintenance of a hospital for them. 

The Indians connected with White Earth Agency, Minn., were also 
moderately successful with the season's work, banking about 15,500,000 



XXXVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

feet, on which they realized however only $84,000, not obtaining as 
good prices as the Menomonees did. 

The act of June 12, 1890 (public, No. 153), under which the Menomo- 
nees may systematically engage in marketing all their timber, and the 
main part of the proceeds may be permanently funded for the benefit 
of the tribe, will be very beneficial to them. Their assent has been 
given and operations will be carried on this winter. 

The law applicable to the right of the Indians in the timber on their 
reservation is succinctly stated in the Commissioner's report as follows, 
based upon the opinion of the United States Supreme Court therein 
cited : 

Prior to the decision of the Supreme Court, 1873, in the George Cook case, sundry 
contracts were made with individuals for the sale of surplus timber on several reser- 
vations in Minnesota, the funds being applied to the use and benefit of the Indians 
occupying them. 

By that decision it was held that if the lands were desired for the purpose of agri- 
culture they might be cleared of their timber to a reasonable extent. The timber 
taken off by the Indians in such clearing might be sold, but to justify its cutting, 
except for use upon the premises, as timber or its product, it must be done in good 
faith for the improvement of the laud. The improvement must be the principal 
thing, and the cutting of the timber only the incident. Any cutting beyond this 
would be waste and unauthorized. 

The court further held that : 

"The timber while standing is a part of the realty, and it can only be sold as the 
land could be. The laud can not be sold by the Indians, and consequently the timber, 
until rightfully severed, can not be. It can be rightfully severed for the purpose of 
improving the land, or the better adapting it to convenient occupation, but for no 
other purpose. When rightfully severed it is no longer a part of the land, and there 
is no longer a restriction upon its sale. 

"Its severance under such circumstances is, in effect, only a legitimate use of the 
land. In theory, at least, the land is better and more valuable with the timber off 
than with it on. It has been improved by the removal. If the timber should be sev- 
ered for the purposes of sale alone — in other words, if the cutting of the timber was 
the principal thing and not the incident — then the cutting would be wrongful, and 
the timber, when cut, become the absolute property of the United States. 

"These are familiar principles in this country and well settled as applicable to 
tenants for life and remainder-men. But a tenant for life has all the rights of occu- 
pancy in the lands of a remainder-man. The Indians have the same rights in the 
lands of their reservations. What a tenant for life may do upon the lands of a 
remainder-man the Indians may do upon their reservations, but no more." (United 
States v. Cook, 19 Wallace, 591.) 

NON-RESERVATION INDIANS. 

There are scattered throughout the country many Indians who are 
not located upon any of the existing reservations. Some of them belong 
to tribes having none ; others belong to tribes that have had reserva- 
tions set apart for them, but have never removed to and settled thereon; 
and there are others still who have voluntarily abandoned their tribal 
relations and settled upon the public domain. 

Many of these non-reservation Indians are upon lands long in the 
peaceful, undisturbed possession of their fathers, and but for the rapid 



REPORT OF THE SECRETARY OF THE INTERIOR. XXXIX 

settlement of the country by our own people they might perhaps have 
continued to remain unmolested for years to come. Of late, however, 
they have been unable to resist the advancing settlements encircling 
them, and many have been forced from their homes and dispossessed 
of the improvements made by them. The number of non-reservation 
Indians can not be accurately stated, but from information at hand it is 
reasonable to estimate the same at nearly 20,000, and more than half 
of these have no interest in any existing reservation. These Indians 
may also avail themselves of the homestead laws, without fees; but 
the homestead can not be disposed of to any degree and can not be com- 
muted. The patent merely declares that the United States holds the 
lands for twenty-five years in trust for the use of the Indian and his 
widow and heirs, under the laws of the particular State or Territory 
where it may be, and that at the end of the period named the land will 
be conveyed, discharged of trust and free, to the party in interest (23 
Stats.,— act July 4, 1884). 

By the provisions also of the fourth section of the general allotment 
act any Indian not residing upon a reservation or for whose tribe no 
reservation has been provided by treaty, act of Congress, or Executive 
order, may make settlement upon any surveyed or uusiuveyed lands of 
the United States not otherwise appropriated, and he or she will be 
entitled, upon application to the local land office for the district in 
which the lands are located, to have the same allotted to him or her 
and to his or her children, in quantities and manner as provided in the 
said act for Indians residing upon reservations. Unfamiliar as these 
Indians are with the land laws of the country, and ignorant of the 
methods of precedure in acquiring title to the public lands, their homes 
are often lost, whereas if they understood their rights and knew T how to 
take advantage of them they would be able to protect themselves 
against all such wrongs. 

The registers and receivers are everywhere enjoined and commanded 
to permit no entries upon lands in the possession, occupation, and use 
of Indian inhabitants, or covered by their homes and improvements, 
and to exercise every care and precaution to prevent such entries, if 
made, from being perfected. They are also instructed to ascertain the 
lands in the Indian possession and occupancy in their respective dis- 
tricts, and in order to do so to avail themselves of any information 
furnished them by the officers of the Indian service ; that where the 
fact of Indian occupancy is denied or doubtful, to order proper investi- 
gation of the matter prior to the allowance of adverse claims, and when 
lands are unsurveyed to allow no appropriation of the same within the 
region of Indian settlements until surveys thereof shall have been made 
and the lands occupied by Indians is ascertained and defined. 

But experience shows it is necessary to have some one to visit, in- 
struct, and assist this class of Indians in making applications for allot- 
ments under the section referred to, so that they may secure titles to 



XL REPORT OF THE SECRETARY OF THE INTERIOR. 

their homes. This Department is without the necessary appropriation 
for this work, and therefore the subject should be brought before Con- 
gress, and an appropriation requested for the salary and expenses of a 
special agent or agents to be charged with the duty of securing lands 
to Indians under said statutes. 

INTRUDERS INTO INDIAN TRIBES. 

Attention is drawn by the Commissioner to the question of the rights 
of persons of mixed blood in the tribes. This question increases in 
interest with the advancing values of the Indian possessions. Some 
tribes own enough in land and money to confer on every member a home 
and a competency for life. The claimants to membership are of every 
degree of blood, and some wuo are white point to some far distant 
ancestor as the source of their right. The question has been mooted 
most in regard to the alleged intruders in the countries of theCherokees 
and Choctaws. Those among the Cherokees remain because of differ- 
ences as to the rules of law and practice applicable to the subject. The 
Department is at present disposed, however, to relieve theCherokees of 
many who claim to have rights of possession in the Territory, and it is 
thought some solution may soon be arrived at by mutual agreement. 

The number of intruders among the Choctaws is deemed to be not 
less than five hundred out of the twenty thousand nou citizens now in 
that country. Serious commotions arose last summer in this nation at 
election time as to the rights of adopted citizens to vote, and it was 
feared there might have to be some interference to keep the peace. 
But the Choctaws and those among them showed such excellent con- 
trol of their passions and great regard for the public welfare, that the 
law was preserved, and it was determined to resort only to civil reme- 
dies for any grievances believed to exist. 

It will, however, soon be necessary to dispose of the question among 
the Choctaws, as well as among the Cherokees. 

If the adjoining territories now negotiated for with the Iowa, the Sac 
and Fox Indians, and others, could be quickly opened to settlement, it 
would relieve the situation of its most embarrassing feature, in case 
decision should be made against large numbers as intruders and they 
should have to depart to other homes. 

INDIAN EDUCATION. 

The educational branch of the Indian service has received through- 
out the year the special attention which its importance demands. The 
effort has been to extend and improve the system already existing, to 
enlarge the school facilities, to increase the attendance, to make more 
uniform the course of study and instruction and to secure teachers of 
the best qualifications. 

The Indian children, with the habits and prejudices of savages and 
the isolation of each tribe by its own separate language, require a proc- 



REPORT OF THE SECRETARY OF THE INTERIOR. XLI 

ess of trainings and education especially suited to their peculiar con- 
ditions. Tlioy must necessarily be taught English, and by English- 
speaking persons, so that at the very outset the teacher in the Indian 
school has to accomplish an' immense task not met in our other public 
schools, viz, instruction in a tongue foreign to that of the people. 

The industrial training schools and reservation boarding schools have 
been found from experience to be those best adapted to the end in view. 
Here the pupils are brought under a kindly but strict discipline. They 
acquire a familiarity with the language, thoughts, customs, and occu- 
pations of our civilization and a moral and manual training conducive 
to habits of industry that will fit them for self support in after years. 
The boy whose mother was the hewer of wood and drawer of water, 
the weary burden-bearer for his idle father, now works by the side of 
his sister and learns that there is no dishonor in labor, but a dignity 
far beyond that his ancestors ever knew. 

The day schools located on the reservations are attempted to be man- 
aged so as to be eventually merged into the public-school system if 
opportunity offers. In them, however, there is little parental authority 
exerted to keep the unwilling children in attendance, and each day's 
teaching at the school is almost canceled by each day's return to the 
camp and its influences. There is some improvement both in the school 
children and in the disposition of the parents to have them taught ; but 
nothing but compulsion will efficiently fill these schools with pupils, and 
nothing but constant superintendence between school hours will pro- 
tect them from recurrence to the bad habits of their homes. 

In the last annual report the views of the present Secretary upon 
Indian education were expressed at length and it is not deemed neces- 
sary to repeat them. Upon the lines recommended fair progress has 
been made. The suggestion of your first message has been acted upon, 
by placing pupils in the public schools wherever possible. 

An attempt to organize into a system the various Government Indian 
schools has been initiated by adopting a uniform course of study therein 
and formulating rules for their conduct. This will be followed by the 
use of the same text-books in all the schools of like grade. Augmented 
efficiency must surely result from this methodical action. Pursuing the 
same general course of study, working together by similar methods to 
the same end, with lower grade schools made systematically tributary 
to those of higher grade, there will not be that constant loss of previous 
acquisition now attendant upon each change not only in schools, but 
even in teachers, as each one has been controlled by almost individual 
choice. 

The teachers and employes are now selected for high personal char- 
acter and must be thoroughly equipped for their task. Fortunately 
many such are willing to undergo the privations and sacrifices incident 
to frontier life among these people. The evil wrought by an unprinci- 
pled or unsuitable employe" in an Indian school is much greater than it 



XLII REPORT OF THE SECRETARY OF THE INTERIOR. 

would be elsewhere. These pupils are keenly observant and quick to 
respond to evil as they would be to good. A single bad teacher may 
destroy the whole year's work and make the labor of all worse than 
wasted, so that the precautions must be as searching as the evils 
resulting from negligence are great. It is gratifying to believe the 
present employes as a body are worthy, competent, and efficient, and 
are under the supervision of Indian agents who are sympathetic to the 
cause of education and good morals. 

The national school system is being advanced with extraordinary 
vigor, and it will now require some conservatism to prevent too great 
a separation from those denominational schools that have heretofore 
been encouraged by contracts and whose influences upon the Indians 
have been beneficial. In your last message you approved the sugges- 
tion that while the national school should be supported in case of con- 
flict with these contract schools, nevertheless the church-mission 
schools are essential in extending education to all the Indian children. 
They should be welcomed as co-workers in this benevolent cause and 
treated fairly and generously. Congress has recognized this recently 
by making several appropriations for contract schools especially named. 

The Commissioner furnishes the following : 

Table showing Hie amounts set apart for the various religious bodies for Indian education 
for each of the fiscal years 186'J to 1891, inclusive. 



1891. 



Roman Catholics 

Presbyterians 

Congregational 

Hartinsbnrgh, Pa 

Alaska Training School 

Episcopal 

Friends 

Mennonite 

Middletown, Colo 

Unitarian 

Lutheran, Wittenberg, Wis 

Methodist 

Miss Howard 

Appropriation for Lincoln Institution 
Appropriation for Hampton 

Total 



$347, 672 

41, 825 

29, 310 

Dropped 

Dropped, 

18,700 

23, 383 

3,125 

Dropped 

5,400 

4,050 

2,725 

275 

33, 400 

20, 040 

529, 905 



561,950 



$347, 689 
44, 850 
27, 271 



29, 910 
24, 743 
4.375 



5,400 
9,180 
6,700 
1,000 
33, 400 
20, 040 



554, 558 



There are now existing one hundred and fifty-two Government 
schools and ninety-four contract schools, and the average attendance 
at the former is 7,424 and at the latter 4,808. 

In the Commissioner's judgment the limit heretofore placed bylaw 
upon the cost of the buildings — $10,000 — has been so low that it has 
been impossible to provide proper accommodations. To establish a 



REPORT OF THE SECRETARY OF THE INTERIOR. XLIII 

boarding-school involves making provision not only for school rooms 
proper, but for dormitories, kitchen, laundry, bath-rooms, hospital, and 
other necessary rooms for pupils, and also of suitable quarters for all the 
employes, superintendent, teachers, matron, cook, laundress, seam- 
stress, etc. The original cost of the plant is a comparatively small 
part of the outlay. It is a poor economy to put up inferior buildings 
and fail to make proper provision for the work expected, which can 
not be satisfactorily done with such poor facilities. The limit of cost 
now fixed is $12,000, which is still too low. 

It is deemed, however, by the Secretary that the limit should not be 
passed except upon a careful examination and approval in any particu- 
lar case by him. 

Additional buildings have been erected at the Albuquerque, Chil- 
occo, Genoa, and Carlisle training schools. New training schools at 
Pierre, S. Dak., Santa F6, N. Mex., and Carson, Nev., have been com- 
pleted and put in readiness for operation during the current fiscal year. 
New buildings have been completed for schools on the Fort Hall Res- 
ervation in Idaho, the Wichita Reservation in Oklahoma, the Navajo 
Reservation in New Mexico, the Pima Reservation in Arizona, the 
Turtle Mountain Reservation in North Dakota, and the Yankton Res- 
ervations in South Dakota, and others are now in course of erection on 
the Fort Belknap, Kiowa, Umatilla, Uintah, and Yakama Reservations. 
The abandoned barracks of the three military posts of Fort Totten, N. 
Dak., and Forts McDowell and Mojave in Arizona, constructed and 
long garrisoned for the protection of the frontier settlers against hos- 
tiles, are being put in condition to be used as school-houses for training 
Indian youth to industry and citizenship. No longer needing these 
material sanctions of its power, the nation's moral forces are now beat- 
ing the soldiers 7 swords into ploughshares and the spears of the sav- 
ages into pruning-hooks. May they indeed learn war no more! 

The Commissioner states that on all Government schools the Amer- 
ican flag has been displayed, national holidays have been duly cele- 
brated, the pupils are learning patriotic songs and recitations, being 
taught to love the great nation of which they are a part, and to feel 
that the people of the United States are their friends and not their 
enemies. 

The Commissioner also refers to the earnest and unremitting labors 
of the superintendent of Indian schools, Dr. D. Dorchester, upon whom 
the duty of personal supervision of the Indian school work is devolved 
by law. The two hundred and forty-six Indian schools are scattered 
over a vast area of the United States, and many of them are in locali- 
ties difficult of access. It is a physical impossibility for one man within 
the year to do the work assigned him. This is not confined to schools 
existing, but extends to inquiring into the need of schools where none 
or too few exist. He has been almost constantly in the field during the 



XLIV REPORT OF THE SECRETARY OF THE INTERIOR. 

year, going from reservation to reservation and from school to school, 
with the greatest advantage to the service. He has been accompanied, 
at the earnest request of the Secretary, by his wife, as a clerk. It was 
considered that many of the peculiar evils that had marked the schools, 
particularly among the girls, would be sooner and more completely seen 
and comprehended by a matron than by another, and that methods of 
correction would be by her more easily suggested and applied. In this 
there has been no mistake. The labor has been severe and often most 
disagreeable for a woman of refinement, but good results have become 
visible as her visits extended from point to point. The valuable serv- 
ice of the superintendent has been largely supplemented by that of 
Mrs. Dorchester. 

The faithful men and women who do true missionary work by teach- 
ing in the Indian schools, leading pure lives of unselfish devotiou to this 
work, have largely contributed to the improvement of the service, and 
are worthy of most grateful recognition. 

INDIAN FARMING. 

The purpose of aiding the Indians to become self-supporting by farm- 
ing, and thereby add to their civilization and general advancement and 
comfort, has been kept constantly in view during the year, and Indian 
agents have been repeatedly directed and urged to give their special 
attention to this duty. 

Indian farming is under the supervision of certain farmers employed 
by the Government for this service. These persons are required to 
make monthly reports of their work, and are required not only to teach 
the Indians endeavoring to cultivate the soil, but to induce all of them 
to turn to this means of comfort and advancement. The Commissioner 
wishes these agents, or u Indian farmers," to give the Indians some- 
what more practical lessons in tilling the soil by example as well as pre- 
cept. Such " object-lessons," it is believed, will have a beneficial effect 
upon all concerned. 

During the nine months ending June 30, 1890, thirty-five thousand 
Indians have been instructed and assisted in farming. Nearly twelve 
hundred who never farmed before have been induced to make a com- 
mencement, and some forty-six thousand acres of land have been plowed 
by them. The results would have been even more satisfactory but for 
the very severe winter on the western coast and drought on many of 
the Indian reservations. 

A number of the reservations are well adapted for grazing cattle and 
stock raising may there be made profitable. This industry, wherever 
the reservations are suitable, should be encouraged, but even this will 
require constant supervision and instruction before the Indian will be 
capable of properly caring for the horses and cattle given him. 



REPORT OF THE SECRETARY OF THE INTERIOR. XLV 

PURCHASE OF SUPPLIES. 

The supplies required for the Indians embrace almost every kind of 
ordinary merchandise and produce. They are enumerated as follows 
by the Commissioner : 

Beef, bacon, coffee, sugar, lard, hominy, rice, corn and oat meal, salt, hard bread, 
pork, etc., the annuity goods, agricultural implements, etc., are divided into seven- 
teen classes, as follows : 



10. Furniture and wooden-ware. 

11. Harness, leather, etc. 

12. Agricultural implements. 

13. Wagons and wagon fixtures. 

14. Paints and oils. 

15. Brass and iron kettles, tin and tinware. 

16. Stoves, hollow ware, pipe, etc. 

17. Hardware. 



1. Blankets. 

2. Cotton goods. 

3. Woolen goods. 

4. Clothing. 

5. Boots and shoes. 

6. Hats and caps. 

7. Notions. 

8. Groceries. 

9. Crockery and lamps. 

In addition there is also purchased a large number of articles of medicine, sur- 
gical instruments, books, and school supplies, numbering in all over 2,500 articles. 
Over 50,000 samples were submitted, examined, and passed upon. 

The total number of bids received last year was 558, and 244 con- 
tracts were awarded. 

It is not deemed that in every instance the lowest bid should be ac- 
cepted, as often the quality of the goods offered at a low price would 
be dearer than better at a higher price. 

There has been the greatest care taken to prevent fraud in these 
contracts or in the delivery of the goods. Besides the Commissioner 
and the Indian cornmisisoners, some of whom usually attend at the 
bidding, the Assistant Secretary of this Department has been present 
as well as at the delivery. The inspectors selected have been the very 
best and most reputable that could be secured; the contract is accom- 
panied by a bond for 50 per cent, of its amount, and upon shipment the 
invoices are made out in quadruplicate, the original for the Treasury, 
one for the Bureau, one to the agent or school superintendent, and the 
other to accompany the bill of lading when payment is made for the 
transportation for purpose of identification. Last year there were 50,000 
invoices thus required. 

Formerly the struggle was constant to deceive and cheat the Gov- 
ernment both in the sample at bidding and in the goods at delivery. 
It had gone to such an extent that honest merchants were largely 
driven from this market. But it is gratifying to state that by constant 
watchfulness and firmness these evils have been almost entirely de- 
stroyed. The market at the warehouse in New York is so far redeemed 
that it stands high in that commercial center for fairness in judgment 
and treatment, and the contracts recently made have been of a most 
satisfactory character and the deliveries acceptable. 

It has cost more effort than was anticipated to bring about this re. 
form j but to the Secretary's determination has been added the zeal and 



XLVI REPORT OF THE SECRETARY OF THE INTERIOR. 

intelligence of the other officers named participating in the actual trans- 
actions. It is thought that the education of the savage must commence 
in New York City, for it is there his physical comfort must be secured 
and the foundation laid for his confidence in the honesty of the white 
man. Without these the school teacher's task will be made much more 
difficult. Besides, it seems the greatest of indignities to offer the Gov- 
ernment for a dishonest man to strive to cheat, when the people's money 
is being spent for the protection of the frontiers from the passions of 
savages aroused by their hunger and all manner of physical discomfort, 
joined to their sense of wrong in being refused what has been promised 
and what would be delivered but for the fraud of the contractor. It is 
hoped that the field for illegal speculation will no longer be found in 
this quarter. 

IMPROVED METHODS OF DISTRIBUTING SUPPLIES. 

A plan of issuing rations at substations upon many of the large 
reservations has been adopted and begun to be practiced. Many In- 
dians reside at a distance from the agency, and, having but little, re- 
straint upon their appetites, when they receive their rations from the 
agent they consume them with great voracity on their return journey, 
so that they vibrate in almost constant motion between their camps 
and their depot of supplies. The distances are often 50 or even 75 
miles, and the persistent migration utterly neutralizes all efforts to 
teach them farming or otherwise permanently improve their condition. 
Hereafter it is intended to have the rations nearer at hand, and to give 
the Indian such regularity of food as will enable him to devote the time 
now used in either a struggle with hunger or sacrificed to the indo- 
lence produced by overeating to cultivation of the soil, industrial pur- 
suits, home life, and education. 

A reform has also been inaugurated in distributing beef. Heretofore 
the live cattle have been started one, two, or three at a time from the 
corral with a lash and a cry, out to the expectant Indians upon the ad- 
joining prairies or open ground. .These, mounted and armed with re- 
peating rifles, set upon the already frightened animals with whoop and 
random firing to drive them nearer the camps before actually killing 
the victims. Here and there, near and far, the mimic buffalo hunt is 
seen in progress, until, as the destined points are reached, the fatal 
shot is given, and as the animal falls it is surrounded by the squaws 
and men and children, and often eaten in large part before fairly cold. 
It is amazing the practice has been allowed so long, wasteful and bar- 
barous as it is. The Commissioner has now ordered all this to cease, 
and that slaughter-houses be built and used under supervision of proper 
employes, and there is no doubt but that the benefits of this more civ- 
ilized method will be very great to the Indians. Among other things 
there will be a better opportunity to inspect the beeves under the new 



REPORT OF THE SECRETARY OF THE INTERIOR. XL VII 

system than has probably existed in the rather rapid delivery to the 
consumer heretofore in vogue. 

Further improvements conducive to the protection of the Indian 
from the fraud and imposition that have been so greatly practiced 
upon him, are already in operation, and will be advanced until the 
Indian service shall be what it should be, the most just, the most hon- 
est, the most progressive, and the most humanizing under the Govern- 
ment's control. It is very gratifying to the Secretary to be able to say 
that, by the aid of his Assistant Secretaries and of the Commissioner 
and Assistant Commissioner of Indian Affairs, the morals, tone, and 
efficiency of this service has been greatly improved, and the outlook 
for the Indian is becoming brighter every day. 

"WILD WEST" SHOWS. 

When the present administration began there was little or no re- 
straint upon any seeking to take Indians off the reservations for exhi- 
bition in this or other countries. The first act done by the present 
Secretary was to require a bond of any person asking such privilege, 
conditioned on the fair payment and treatment of the Indians and their 
return to their homes, and for the employment of a white man to be 
selected to go along with the Indians and look to their rights and wel- 
fare. This, it is thought, did much good in some cases ; but experience 
has shown since that in other cases the Indian has greatly lost by such 
employment. He is taken into strange and most exciting surroundings, 
he is taught to renew the wildest and most savage scenes of Indian 
warfare, and too often tempted to recur in practice to the lowest vices. 
When misfortune overtakes him in any form of disease or accident, or 
bankruptcy breaks up the show of his employer, his condition on return 
home is not a good object-lesson of the benefits of civilized life as 
found by him in the capitals of our own or other enlightened lands. 
The results are, in fact, deplorable, and it has been ordered that no 
more such licenses or contracts shall be made or approved, and that all 
Indian agents shall exert themselves to prevent and defeat any at- 
tempts in future to take Indians from the reservations or elsewhere for 
such purposes. 

If some act of Congress were passed forbidding any person or cor- 
poration to take into employment or under control any American 
Indian, it would be of much assistance to the Department in enforcing 
this policy. 

INTEMPERANCE. 

Further legislation is also needed to enable the Commissioner to 
contend successfully with the great evil of intemperance, as he sets 
forth in his report. The international feature, as well as the constitu- 
tional question connected with the subject are by him so fully detailed 
£bat it is not deemed necessary to do more than refer to them here. 



XL VIII REPORT OF THE SECRETARY OF THE INTERIOR. 

His suggestions are heartily recommended to your favorable consider- 
ation. 

FUNDS. 

The Indian funds continue in good condition, as shown by the follow- 
ing tables, computed in the Indian Office : 

Trust funds of the Jive civilized tribes. 

Of the $21,244,818.39, principal held in trust, the sum of $7,984,132.76 belongs to 
the five civilized tribes in the following proportions: 



Tribes. 



Amount of 
principal. 



Annual 
interest. 



Cberokees . 
Chickasaws 
Choctaws.. 

Creeks 

Seminoles.. 

Total 



$2, 625, 842. 37 

1, 308, 695. 65 
549, 594. 74 

2, 000, 000. 00 
1, 500, 000. 00 



7, 984, 132. 76 



$137, 469. 33 

68, 404. 95 

32, 344. 73 

100, 000. 00 

75, 000. 00 



413, 219. 01 



The interest on the principal of these funds is placed semi-annually 
with the United States assistant treasurer at St. Louis, Mo., to the 
credit of the treasurer of each nation, and the expenditure of these 
funds is entirely under the control of the nation and its council. This 
office has no control whatever over these expenditures. 

TRUST FUNDS OF OTHER TRIBES. 

The balance of the sum of $21,244,818.39, amounting to $13,260,085.63, 
belongs to a number of tribes, as stated below, and the interest thereon, 
at 4, 5, 6, and 7 per cent., as the case may be, is either paid to or 
expended for the benefit of the respective tribes. 

Table showing trust funds of tribes other than the five civilized tribes. 



Tribes. 


Principal. 


Tribes. 


Principal. 


Chippewas and Christian Indians.. 


$42, 560. 36 

874 ; 178. 54 

9, 079. 12 

171, 543. 37 

27, 174. 41 

58,000.00 
129, 184. 08 

20, 000. 00 
153,039.38 
8, 255, 268. 49 
240, 597. 57 
590, 775. 43 
298. 625. 07 

70, 000. 00 




$184, 094. 57 
21,659.12 
55, 058. 21 
20, 000. 00 
40, 979. 60 
86, 950. 00 
15, 140. 42 

1, 985. 65 
75, 988. 60 

6, 000. 00 

59, 463. 64 

1, 750, 000. 00 

3, 340. 00 


Sacs and Foxes of Missouri 

Sacs and Foxes of the Mississippi . 










Kaskaskias, Peorias, Weas, and 
Piankeshaws 


Senecas, Tonawanda band 


Kickapoos 




L'Anse and Vieux de Sert bands . . 


Stcckbrids;es , 


Menomonees 




Osages 


Uniatillas 


Omahas 


Ctes 




Uintah and White Kiver Utes 

Total 


Pawnees 


Poncas 


13, 260, 685. 63 







REPORT OF THE SECRETARY OF THE INTERIOR. XLIX 

The following is the total money available for fiscal year ending June 
30, 1891 : 





Sources. 


Amount. 




$7, 127, 394. 69 

1, 385, 759. 58 

1, 058, 276. 87 

967 406.43 














Total 


10, 538, 837. 55 





INDIAN DEPREDATION CLAIMS. 

It will be seen by the report of the Commissioner of Indian Affairs 
that the whole number of depredation claims filed prior to the end of 
the last fiscal year was 6,053, amounting to the sum of $20,922,939; 
that of this number 220, amounting to $216,380.83, were certified to the 
Second Auditor for payment prior to the passage of the act of May 29, 
1872 (17 Stats., 190) : that 52, amounting to $208,110.10, have been paid 
under authority of various acts of Congress prior to March 3, 1885 ; 
that 2, amounting to $10,050, have been paid by acts of Congress since 
March 3, 1885; that under the provisions of law contained in the In- 
dian appropriation acts of March 3, 1885 (23 Stats., 376), and of May 15, 
1886 (21 Stats., 46), providing for the investigation and submission to 
Congress of " certain Indian depredation claims," 1,097 claims, amount- 
ing to $3,828,284.65, had up to and including January 1, 1890, been 
reported to Congress with recommendation for allowance thereon of 
$1,205,446.40, and that there remained on file June 30, 1890, 4,682 
claims, amounting to $16,310,385.93, of which 1,809, amounting to 
$6,657,430.05, are not considered subject to investigation under the law 
above referred to for the various reasons stated. 

When it is considered that many of these claims, already ascertained 
to possess considerable merit, have been pending for more than a gen- 
eration, it would seem that some legislation looking to their final ad- 
judication should be enacted. Unless Congress shall determine that 
some other method for their settlement is necessary, and shall adopt 
the requisite legislation therefor, it is suggested that the laws should 
be so amended as to remove the technical bars against consideration 
of some of the claims referred to by the Commissioner, and that the 
clerical force in the Indian Office be so increased as to insure their 
speedy investigation and settlement. As time passes, it becomes 
more difficult to obtain the testimony necessary for the claimants to 
substantiate their losses, and for the Government to protect itself 
against and prevent frauds. The first provision for the payment of 
claims of this character was made in the act of 1796, and, so far as has 
been ascertained from the records of the Indian Office, it does not ap- 
pear that more than 274 of such claims, amounting to $434,570.93, have 
INT 90 — vol I IV 



L REPORT OF THE SECRETARY OF THE INTERIOR. 

been paid. This sum is but a fraction over 2 per cent, of those which 
have been filed. The bill now pending before Congress, entitled a A bill 
to provide for the adjudication and payment of claims arising from In- 
dian depredations," has received the consideration of the Secretary and 
is deemed such as will grant the relief necessary in these cases. And 
it is hoped it may become an act before the adjournment of the Fifty- 
first Congress. 

SALARIES OF BUREAU OFFICERS. 

In the last annual report it was urged that additional compensation 
be given the several heads of bureaus and their assistants, where the 
importance of the work justified such recommendation. Congress in- 
creased the salary of the Commissioner and Assistant Commissioner of 
the General Land Office, but it is regretted that no increase of the sala- 
ries of the Commissioner and Assistant Commissioner of Indian Affairs 
and of the financial clerk of that Bureau, as recommended, was made. 
The Commissioner also asks an increase of force, as follows, which is 
hereby recommended: 

There is urgently needed at once the following additional clerical help : One clerk 
of class 4, two of class 3, and three of class 2 ; also one medical expert, charged with 
an oversight of the sanitary condition of the Indians. 

Without sufficient help in the office it is simply impossible to have the work done 
as it should be. Those now employed are faithful, industrious, and generally compe- 
tent, but the work is too much for them and must and does suffer. The Commissioner 
is painfully aware of this fact, but l-s powerless to help it. 

The Indian Bureau has a delicate task to perform, more delicate per- 
haps than others, from the fact that those under its care are ignorant 
and need the peculiar protection of the Government in theadministra- 
tion of their affairs, and its guidance in their efforts at civilization and 
self-support. 

The duties and labors of the Indian Bureau are constantly increas- 
ing. As the Indians advance in civilization the Bureau has to deal 
more with the individual Indian and less with the tribes. Intricate 
questions of individual rights and interests require painstaking and in- 
telligent investigation while the Indians are undergoing the process of 
tribal disintegration. The efficient performance of the exacting labors 
and duties of the position require ability and capacity that warrant 
equivalent and fair compensation. 

The Assistant Commissioner of Indian Affairs, who, under the law, 
performs also the duties of chief clerk, and must often act as Commis- 
sioner of Indian Affairs in conducting the business of the Bureau, re- 
ceives a salary of $3,000 per annum. His duties are arduous and bur- 
densome, as all matters of business of the office must, by the nature of 
his position, first receive his consideration and direction as to the 
proper action to be taken. The services of the present Assistant Coin- 
misniouer are specially valuable by reason of his long experience, his 
thorough acquaintance with so much of the past history of the Indian 



REPORT OF THE SECRETARY OF THE INTERIOR. LI 

tribes, his familiarity with the details of the service, records, files, and 
with the decisions pertaining to all its important matters. . It is again 
most earnestly recommended that his salary be increased to $4,000 per 
annum, as estimated for. 

The financial clerk of the Indian Office, who is also the chief of the 
Finance Division of the Indian Bureau, receives a salary of $2,000 
per annum. The Commissioner of Indian Affairs has asked, in his esti- 
mate for the fiscal year 1892, that it be increased to $2,500, and the 
Secretary recemmends this increase. Such a clerk's duties are impor- 
tant ; much of his work is of a character which requires it to be per- 
formed by himself j to assign it to others would risk confusion and de- 
ficiencies in appropriations, of which there are over three hundred and 
thirty, to be carefully apportioned and watched. It is stated that he 
has performed much of his work outside of office hours, and he is justly 
entitled to the increased salary asked for. 

PATENT OFFICE. 

RECOMMENDATIONS. 

The Commissioners' report, it will be understood, is to be followed, 
as required by law, by a more elaborate one to be presented to Congress. 
This, to the Secretary, furnishes, however, many interesting facts, show- 
ing a great advancement in the work of the Bureau, and a most praise- 
worthy increase in its receipts over its expenses. There is no bureau 
that has earned by its own success greater claims to an increase of force 
and room for its officers and clerks than the Patent Office, and the Sec- 
retary strongly approves the recommendations of the Commissioner 
hereinafter set forth. 

RECEIPTS AND EXPENDITURES. 

The total number of applications received, including re-issues, trade- 
marks, designs, etc., was 46,140; the number of patents granted was 
25,857; trade-marks and labels registered, 1,636; patents expired, 
11,885 ; the total receipts were $1,347,203.21 ; the total expenditures 
were $1,081,173.56, leaving a surplus of $266,029.65 to be turned into 
the Treasury of the United States to the credit of the Patent fund, and 
making a total balance in the Treasury on account of the Patent fund 
of $3,790,556.28. The Commissioner directs attention to the great in- 
crease in the number of applications received and reports that despite 
such increase the number on hand and in condition for action at the 
end of the fiscal year was less than at the corresponding period in 
either of four previous years; that the work of the office is more nearly 
up to date than it has been for years, a result due to no increase in 
the number of employes, but to the unflagging industry and well- 
directed skill of the entire office force. 



LII REPORT OF THE SECRETARY OF THE INTERIOR. 

Comparative statement. 



June 30, 1886 
June 30, 1887 . 
June 30, 1888 . 
June 30, 1889 . 
June 30, 1890 . 



Receipts 



$1,206,167.80 
1, 150, 046. 05 
1, 122, 994. 88 
1, 186, 557. 22 
1,347,203.21 



Expenditures. 



$991, 829. 41 

981,644.09 

953, 730. 14 

999, 697. 24 

1, 081, 173. 56 



Increase in the number of applications for patents, including re-issues, designs', trade-marls, 

and labels. 

June 30, 1886 38,678 

June 30,1887 - 38,408 

June 30,1888.... 37,709 

June 30,1889 39,702 

June 30,1890 ~ 43,810 



Number of applications awaiting action on the part of the office. 



July 1,1886. 
July 1,1887. 



772' 
601 



July 1,1888 - 7,227 

July 1,1889 . 7,073 

July 1,1890 6,585 

LEGISLATION. 

Attention is invited to the urgent necessity for legislation amendatory 
of the Revised Statutes relating to patents. Some of the provisions 
which should be altered are : Section 4935, relative to the payment of 
patent fees; section 4887 relating to the duration of patents for inven- 
tions previously patented in a foreign country; section 477, fixing com- 
pensation of examiners-in-chief, and section 4910, authorizing appeals 
from the examiners-in-chief to the Commissioner of Patents; and section 
4934, relative to charges for certified copies of printed matter. The 
amendment of the act of Congress relating to the registration of trade- 
marks, approved August 5, 1882, so as to include trade-marks used in 
interstate commerce, is also recommended. 

ADDITIONAL FORCE AND ROOM. 

The Commissioner directs attention to the inadequacy of the present 
office force, referring to the fact that the Government undertakes, on 
behalf of the inventor, not only to give him a patent if his improvement 
is new and useful, but to conduct a painstaking examination in order 
to ascertain what the fact is in that regard, and expresses the opin- 
ion that the number of cases acted upon in the Patent Office during 
recent years is inconsistent with the high degree of care in conducting 
examinations which the present patent system contemplates. He 
urges, therefore, in view of the large increase in the number of applica- 
tions for patents, the necessity for more deliberate and exhaustive ex- 
aminations, and of the further fact that American inventors are already 



REPORT OF THE SECRETARY OF THE INTERIOR. LTII 

paying' for the necessary expenses, that a substantial increase in the 

examining corps, etc., of the office be made. 

The Commissioner calls attention to the fact that there are seventy-six 
copyists in the Patent Office receiving a salary of but $720 per annum, 
whereas the lowest salary paid copyists in the other bureaus of the 
Department is $900. He submits that this discrimination is unjust and 
unwise and has the effect of causing the loss from time to time of 
trained employes, who seek transfers to other bureaus in which for the 
same service they will receive $900. 

The Commissioner refers to and reiterates his remarks in the last 
annual report as to the necessity for providing additional room for his 
office, and states that the same situation continues to exist, excepting 
that the imperative need for a larger force increases the necessity for 
more room. 

PENSIONS. 

The work to be done by this Bureau has reached wonderful propor- 
tions, and its expenditures have sent into the channels of trade and 
commerce in our country more than one hundred millions of dollars the 
past year. The use of this vast sum has served more than one valuable 
purpose. It has been not alone a relief to hundreds of thousands of 
the families of the soldiers who in different wars have served their, 
country, chiefly those who defended the Union against secession ; but 
it has also transferred at most opportune moments the accumulated 
treasures of the Government to the hands of the people, " blessing him 
that gives and him that takes." 

The pensions granted by previous legislation will be largely aug- 
mented by those now being allowed under the act entitled "An act 
granting pensions to soldiers and sailors who are incapacitated for the 
performance of manual labor, and providing for pensions to widows, 
minor children, and dependent parents," approved June 27, 1890. 

This bill was passed in accordance with the strong recommendation 
contained in your message at the opening of the Fifty-first Congress. 
A recommendation to the same effect was contained in the Secretary's 
last annual report. It was there said : 

The preservation of the nation for which these men fought and endured so much 
to secure has given to all our people a wonderful degree of prosperity and an almost 
unlimited ability to pay any obligations honor imposes. I am not disposed to confer 
upon all who may ask the money of the people, and would have confined to well 
ascertained limits the claims of those who demand a pension. Nevertheless a disre- 
gard of those of the service named whose disability has become since the war so 
great as to make them dependent would be both unjust to them and unworthy of 
our country. 

The act of June 27 fairly complies with these demands and in con- 
nection with previous legislation places our nation above any other in 
expressions of gratitude to its defenders and fair compensation for their 
sacrifices. 



LIV REPORT OF THE SECRETARY OF THE INTERIOR. 

It may be well to mention here that the reason why our pension-roll 
is greater than that of other countries is not alone because the war was 
colossal, having enrolled nearly two and a quarter millions of men on 
one side, but because, the country they saved being a Republic, each 
individual of that vast army had a recognized claim to the aid of the 
nation. In other lands officers get much and men little ; here the large 
bulk of pensions goes to the rank and file, and the immense numbers of 
these and their dependents swell the pension list to proportions com- 
mensurate with the size of the army and the democracy of our prin- 
ciples. 

ROLLS AND CLAIMS. 

At the close of the fiscal year 1890 there were 537,944 pensioners 
borne upon the rolls. Their classification is given by the Commissioner 
as follows : 

Army invalid pensioners 392,809 

Army widows, minor children, and dependent relatives 104, 456 

Navy invalid pensioners 5,274 

Navy widows, minor children, and dependent relatives 2, 460 

Survivors of the war of 1812 413 

Widows of soldiers of the war of 1812 8,610 

Survivors of the Mexican war 17, 158 

Widows of soldiers of the Mexican war 6, 764 

Total 537 944 

At this writing (October 18, 1890) there are claims pending, 892,221. 
Of these there have been received under the act of June 27, 1890, 
483,278. It may be explained that many of the new claims are by 
those who have old claims pending, so that the number of claims are 
many more in number than the persons making them. 
It appears from the Commissioner's report that — 

There were 66,637 original claims allowed during the year, being 14.716 more origi- 
nal claims than were allowed during the fiscal year 1889 and 6,385 more than were 
allowed during the fiscal vear 1888 

The amount of the first payment in these 66,637 original cases 
amounted to $32,478,841.18, being $11,036,492.05 more than the first 
payments on the original claims allowed during the fiscal year 1889, and 
$10,179,225.72 more than the first payments on the original claims al- 
lowed during the fiscal year 1888. The average value of the first pay- 
ments on these original claims for 1890 was $485.71. The average an- 
nual value of each pension at the close of the fiscal year was $133.94. 

WHO MAT SECURE PENSIONS. 

The classes of persons who may secure pensions under existing laws 
are as follows : 

Under sections 4692 and 4693, Eevised Statutes, United States, those 
next following numbered 1, 2, 3, 4, and 5. 

(1) Any officer, including Regulars, Volunteers, and Militia, or any 



REPORT OF THE SECRETARY OF THE INTERIOR. LV 

officer of the Marine Corps, or any enlisted man, however employed in 
the military or naval service of the United States, or in its Marine 
Corps, regularly mustered or not, disabled by reason of any wounds or 
injury received or disease contracted when in service and in line of duty. 

(2) Any master serving on a gun-boat, or any pilot, engineer, sailor, 
or other person not regularly mustered serving upon a gun-boat or war 
vessel of the United States, disabled by any wound or injury received, 
or otherwise incapacitated while in the line of duty for procuring his 
subsistence by manual labor. 

(3) Any person not an enlisted soldier in the Army serving for the 
time being as a member of the militia of any State, under orders of an 
officer of the United States, or who volunteered for the time being to 
serve with any regularly organized military or naval force of the United 
States, or who otherwise volunteered and rendered service in any en- 
gagement with rebels or Indians, disabled in consequence of wounds or 
injury received in the line of duty in such temporary service ; but no 
claim of a State militiaman or non-enlisted person shall be valid un- 
less prosecuted to a successful issue prior to July 4, 1874. 

(4). Any acting assistant or contract surgeon, disabled, etc., in line 
of duty. 

(5) Any provost marshal, deputy provost, or enrolling officer dis- 
abled by reason of any wound or injury, received in the discharge of 
his duty, to procure a subsistence by manual labor. 

(6) The widows and minor children of those embraced in sections 
4092, and 4693, by force of section 4702. 

(7) Widows of colored and Indian soldiers and their minor children, 
by force of section 4705. 

(8) Dependent mothers, fathers, and brothers and sisters of those 
embraced in sections 4692 and 4693, by force of section 4707. 

(9) Officers and seamen of the Navy disabled prior to March 4, 1861, 
by force of section 4728. 

(10) Widows and minors of officers and seamen of the Navy disabled 
prior to March 4, 1861, by force of section 4729. 

(11) Regulars or volunteers disabled in the Mexican War, by force 
of section 4730. 

(12) Widows and children of regulars or volunteers who died by reason 
of injuries or disease contracted in the Mexican War, by force of section 
4731. 

(13) Widows and minor children of persons engaged in the Mexican 
and various Indian wars, by force of section 4732. 

(14) Soldiers and sailors who served in the war of 1812, by force of 
section 4736. 

(15) Surviving widows of officers, soldiers, and sailors of the war of 
1812, by force of section 4738. 

(16) Officers and seamen of revenue cutters who have been or may 
be disabled or wounded in discharge of their duty while co-operating 
with the Navy by order of the President, by force of section 4741. 



LVT REPORT OF THE SECRETARY OF THE INTERIOR. 

(17) Wounded privateermen, by force of section 4761. 

(18) Widows, children, dependent mothers and fathers, or orphan 
brothers and sisters of those soldiers who were murdered by guerrillas 
at Centralia, Mo., in 1864, by force of act of March 3, 1875. 

(19) Surviving soldiers and sailors of the Mexican war, and the wid- 
ows of the same, by force of act of June 29, 1887. 

(20) Soldiers and sailors of the war of the rebellion who served ninety 
days and were honorably discharged the service, and who are incapac- 
itated for performance of manual labor, and for their widows, children, 
and dependent parents, by force of act of June 27, 1890. 

APPROPRIATIONS. 

The appropriation for the last fiscal year was but $80,000,000. This, 
as was pointed out in the Secretary's last annual report, was not only 
inadequate, but must have been known to be so when made ; for the 
estimate of the year before was $80,000,000, and there had been then 
incurred a deficiency of at least $8,000,000, and, as the pension list was 
constantly increasing, it was apparent that this additional sum, if 
added, would not be enough to meet the obligations to accrue before the 
end of even that fiscal year. So it proved; the appropriations were as 
follows : 

For the fiscal year 1889 : 

Act of June 7, 1888 $80,473,000.00 

Actof March'2, 1889 8,000,000.00 

Total 88,473,000.00 



For the fiscal year 1890 : 

Act of March 1, 1889 « 80,473,000.00 

Actof April 4, 1890 21,598,834.00 

Actof June 18, 1890 3,708,732.35 

Total 105,780,732.35 

At the close of the fiscal year there remained in the hands of pen- 
sion agents the sum of $580,283,87 of the pension fund which had not 
been disbursed for want of time and which has been returned to the 
Treasury ; and there were 20,638 pensioners unpaid at the close of the 
fiscal year who were entitled to receive $4,357,347.30 which has since 
been paid from the appropriation for the fiscal year 1891. 

These facts are fully set forth in table No. 5, Commissioner's report. 

The appropriation for the present year is $97,090,761, but such has 
been the great number of pensioners added to the list by special acts 
of Congress and the energetic work of the Bureau that a deficiency 
appropriation will be required, the amount of which can not yet be 
accurately stated. 



REPORT OF THE SECRETARY OF THE INTERIOR LVII 

The energetic work under the present administration of the bureau 
has been already specified. But its force has been largely increased 
and its work will be much greater than even heretofore. By the act of 
June 27, 1890, the employment of an additional force of 438 medical 
examiners, clerks, and other employes was authorized, in addition to 
which 175 clerks have been ordered from the field where they were em- 
ployed as special examiners, thus adding, with the 438 above mentioned, 
613 to the force employed in the office on September 1; and the whole 
number of officers and employes on the roll is 1,6G2. 

The Commissioner's report for the week ending October 18, 1890, 
shows the number of articles of mail matter received to have been (for 
the week) 76,614; number of letters and blanks sent out, 69,194. The 
total number of claims received during the preceding week was 26,811 
of which 20,800 were under the act of June 27, 1890. 

The whole number of claims on file October 11 was 870,316; 26,811 were 
received and 486 re-opened, making the sum 897,613. But 5,392 were 
disposed of iu the same time, so the number pending October 18, 1890, 
was 892,221. 

The Commissioner has considered the question as to the number of 
our old soldiers very carefully, and has expressed his judgment in the 
following table : 

Number of soldiers enlisted during the war for the Union, ex- 
eluding re-enlistments 2, 213, 365 

Number killed in battle aud by otber casualties and who died 
of disease to July 1, 1865 364,116 

Estimated number of deaths of soldiers discharged during the 
war to July 1, 1865 25, 284 

Number of desertions 121, 896 

511,296 

Number of survivors of the war July 1, 1865, less deaths and 

desertions 1, 702, 069 

Number of survivors July 1, 1865, less deaths aud desertions, 

who were subject to the usual laws of mortality 1, 116, 069 

Number of survivors July 1, 1865, who, because of wounds and 
other disabilities were subject to a higher rate of mortality, 
equal to twelve years' shortening of the expectation of life .. 586, 000 



Number surviving July 1, 1890, who are probably subject to 

the ordinary life tables 831,089 * 

Number surviving July 1, 1890, who are subject to a greater 

death rate 415, 000 

Total number of survivors July 1, 1890 1, 246, 089 

Of the foregoing number of survivors about 106,000 are now sixty-two years of 
age and upwards. 

The estimate for Army and Navy pensions for 1892 is about $133,- 
000,000. 



LVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

METHODS OF BUSINESS. 

The great work of this Bureau, the results of which draw so heavily 
upon the National Treasury, and should therefore be scrutinized with 
the utmost care, is done at present upon a thorough business basis. All 
claims on which large first payments may accrue are carefully examined 
by the Deputy Commissioner and Commissioner before allowance. Be- 
jected claims are re-opened only upon order of the Deputy Commissioner. 
The Medical Division has been reorganized, strengthened, and put 
under stricter rules. The Finance Division scrutinizes all accounts 
pertaining to the Bureau, and especial care is taken that all letters from 
claimants be replied to without delay. The board of re-review that 
operated rather to obstruct the allowance of just claims than to ad- 
vance the interests of the Government, has been abolished and the 
force distributed among the other divisions. By extraordinary efforts 
the cases in the hands of special examiners in the field have been re- 
duced in the last year from 14,225 to 7,824, including those passing 
from and to the office. 

As a part of the new system of practice in the Bureau, the Commissioner 
adopted the il completed files," which allows the claimant, upon a proper 
certification that his claim is complete, to have it immediately placed 
upon these files, and taken up in its order for adjudication. Formerly the 
applicant, although he had presented his demand on all the evidence 
necessary to prove it, had no power to get tlie claim before the adjudi- 
cating division, and thus secure his certificate. The rules against mak- 
ing a case special prevented its advancement, save in very particular 
cases of great privation or the imminence of death. There grew up 
such an evil formerly of making many cases " special," that it had to 
be ended by a strict order from the Department. It appeared also that 
under the completed files system many cases had been foisted into these 
files, and thus brought within range of earlier adjudication than they 
were entitled to, being in fact incomplete, so that an order against this 
and kindred offenses was deemed necessary. The Secretary, therefore, 
on the date thereof issued the following : 

September 20, 1890. 
It is hereby ordered, That under the rules already in force, and those this day ap- 
proved, for the purpose of securing the prompt adjudication of claims under former 
acts of Congress, and that of June 27, 1890, such action shall betaken by all officers 
and employ6s in the Pension Bureau as will prevent any undue preference of auy 
claim in time of either hearing or adjustment; and any agent or attorney who shall 
have or attempt to have any claim put upon the list or docket of or among the com- 
pleted files, that is obviously or clearly not complete, or otherwise defeat the just 
operation of the laws and regulations, shall be disbarred from practice in the De- 
partment. 

It is hoped that the system thus guarded may prove as fair as it is 
rapid. 



REPORT OF THE SECRETARY OF THE INTERIOR. LIX 

DEPENDENT PENSIONS. 

The work under the law of June 27, 1890, has been so arranged that 
dependent pensions will be adjudicated as rapidly as they are completed 
without interfering with completed claims under the old law. Under 
order No. 162, September 26, 1890, claimants under the dependent pen- 
sion law are given the benefit of all proofs that may have been filed in 
claims made by them under other laws. The details are furnished in 
the very carefully prepared and accurate report of the present Com- 
missioner of Pensions. It is deemed one hundred thousand claims are 
already in the Pension Office that can be allowed under this order. 

ACTS 0"F MARCH 3, 1883, AND MARCH 4, 1889. 

The Commissioner draws attention to the great difference in amount 
between the rate of $30 per month granted by the act of March 3, 1883, 
to pensioners who are so disabled as to be incapacitated for performing 
any manual labor, and the rate of $72 per month granted by the act of 
March 4, 1890, to pensioners who require the regular aid and attendance 
of another person. There are many claimants, he says, who are en- 
tirely incapacitated for performing manual labor and who periodically 
require the aid and attendance of other persons, but who are unable to 
establish the fact of the requirement of constant aid and attendance. 
His recommendation that a rate of $50 per month be created for cases 
of this description is approved. 

ACT OF APRIL 4, 1890. 

This act directed that, as far as practicable, the Commissioner should 
in his annual report state the amount paid for pensions during the 
fiscal year for which the report was made in such manner as will show 
separately the number of pensioners, the aggregate payment of pen- 
sions on account of each of the wars for which pensions have been au- 
thorized, and on account of military and naval services since the close 
of the late war. The Commissioner reports that to comply with this 
demand would require an examination of each of 775,310 cases on file, 
and the force that would have to be assigned to the work would defeat 
the adjudication of pending claims to a degree that was not probably 
contemplated by Congress and would greatly impair the usefulness of 
later legislation. 

FORCE OF THE PENSION BUREAU. 

The official force of the Bureau of Pensions is as follows: 

Now authorized by law 2,009 

There are 18 pension agents and 419 persons employed at said agencies, in all. 437 
There are 1,028 boards of medical examiners, of three persons each, and 382 

single surgeon examiners, in all - 3, 460 

Total number of persons employed in connection with the Bureau of 
Pensions „.- 5,906 



LX REPORT OF THE SECRETARY OF THE INTERIOR. 
BOARD OF PENSION APPEALS. 

This board is established in the Department proper, and has jurisdic- 
tion on appeals to the Secretary from the adverse action of the Com- 
missioner of Pensions ; on the disposition of such other appeals from 
the Commissioner as involve questions of attorneyship, and fees in pen- 
sion cases ; and also the attendant correspondence. 

The following embraces substantially the points decided on all the 
questions that have arisen under the law of June 27, 1890, as set forth 
in the report of the Assistant Secretary : 

1. The act of June 27, 1890, does not require that an application or declaration 
shall be executed after the date of the act in order to be good in law. The statutory 
limitation relates exclusively to the date of filing the application or declaration in the 
Bureau of Pensions after the passage of the act. 

2. Where a soldier already has a claim for invalid pension " pending in the Bureau 
of Pensions," his declaration having been executed under said " pending " claim, prior 
to the passage of the act of June 27, 1890, he may file a supplemental application 
asking the Commissioner of Pensions to consider the evidence in the heretofore pend- 
ing claim with a view to allowing pension under the act of June 27, 1890, without 
affecting his pensionable rights under any other law, general or special. 

3. The only application that may ha filed must be executed in conformity with the 
act of Jnly 1, 1890, in such form as the Commissioner may prescribe ; and none other 
than & formal application will be recognized by either the Commissioner of Pensions 
or the Secretary of the Interior. 

Again, in response to interrogatories calling for an interpretation of other clauses 
of the aforesaid act, July 15, 1890, I communicated to the Commissioner of Pensions 
an additional ruling whereby the Department holds, viz. : 

1. The act of June 27, 1890, does not change the essential conditions of dependence as 
affected by remarriage and as defined by former laws on the same subject,. but makes 
the pension itself begin from the date of filing the application ; nor are non-enlisted 
men, such as quartermasters' employes, entitled to the benefits of this act. 

2. The act of June 27, 1890, includes, constructively, section 4708, R. S., relating to 
the remarriage of " any widow, dependent mother, or dependent sister;" but the act 
makes no provision for the restoration of pensionable rights which may have been 
forfeited by remarriage, in pursuance of the statute. With reference to pensionable 
dependence under the act of June 27, 1890, the limitation under former enactments, 

.requiring proof of "dependence at the date of the death" is removed, and it shall be 
necessary only to show present dependence, or the lack of present means of support 
other than claimant's own manual labor. 

3. The date of pensions granted under this act must be the date of " the filing of a 
formal application," either on or after the date of the passage of the act itself; and 
the formal application is necessary to a faithful execution of the law. 

AMENDMENTS SUGGESTED. 

The Secretary concurs in the following amendments suggested by the 
Assistant Secretary. 

In the second section of the act of June 27, 1890, it is provided that, " persons who 
are now receiving pensions under existing laws, or whose claims are pending in the 
Bureau of Pensions, may, by application to the Commissioner of Pensions, in such 
form as he may prescribe, showing themselves entitled thereto, receive the benefits 
of this act." In view of this provision, that, in many cases wherein "claims are 
pending in the Bureau of Pensions," but wherein appeals to the Secretary have been 



REPORT OF THE SECRETARY OF THE INTERIOR. LXI 

filed, the adjudication of the same would he greatly facilitated, and the ends of justice 
sooner reached, if the aforesaid section should be so amended as to authorize the 
Secretary, wlien adjudicating said appeals under the old laws, to allow pension under 
the now law without a formal application to the Commissioner, where, from the evi- 
dence in the papers, it shall be clear that the claimant was entitled to pension under 
the new law. The amendment thus suggested would save expense, labor, and delay 
to many worthy claimants, and relieve the Bureau of Pensions of a heavy burden in 
the administration of the law. 

With reference again to this act, attention is called to that clause in its third sec- 
tion which provides pension for minor children who are " insane, idiotic, or other- 
wise permanently helpless." The clause properly provides that the pension granted 
to such children " shall continue during the life of said child, or during the period of 
such disability; " but, under the law, as it stands, in order that such children shall be 
pensioned during life, or " during the period of such disability," it must appear that 
the father, or the mother, died prior to the expiration of the limit affixed to the pen- 
sionable minority period, viz : sixteen years of age ; and, therefore, if, when the parent 
dies, the insane, or idiotic, or otherwise permanently helpless child is more than, 
instead of " under, sixteen years of age," a minor's pension can not be allowed. In 
view of this fact, the act should be so amended as to admit all " insane, idiotic, or 
otherwise permanently helpless children " to minors' pension, regardless of the date 
of the parent's death, or remarriage, at any period prior to and including the age of 
tiventy-one years. 

INCREASE OF THE BOARD. 

The board, as authorized by recent act of Congress, has been 
increased to nine members; and the work is now being dispatched 
satisfactorily, under the more immediate supervision of the able As- 
sistant Secretary. 



CENSUS. 

Organization and appointments. 

The Secretary's last annual report set forth the history of the Eleventh 
Census to that date. The Census Office was already organized under 
the act of March 1,1889 (25 Stat. U. S., p. 750), providing that a census 
of the population, wealth, and, industry of the United States should be 
taken as of the date of June 1, 1890. The country was divided into one 
hundred and seventy-five supervisors 7 districts', and the organization of 
the office perfected. 

These supervisors were subsequently selected. There was the utmost 
care to obtain persons the most suitable for the position. You demanded 
and received the approval, in each case, of both the Secretary and Super- 
intendent, and had laid before you the recommendations of the appli- 
cant, which were from Senators, Eepresentatives, or individuals well 
known. The selections were made from different political parties. 

There was also great care in the selection of the 13,000 enumerators, 
the special agents, and experts. The clerks, numbering nearly 2,000, 
were examined according to rules established by the Secretary. A 
great many improved tabulating machines were employed, and every 



LXII REPORT OF THE SECRETARY OF THE INTERIOR. 

preparation made to secure a prompt and accurate enumeration, and 
an early tabulation and announcement of the result.* 

EXAMINATIONS. 

The examinations of the force which was made under the statute and 
outside of the Civil Service Commission has been found sufficient to 
secure good clerks, and yet to be so pliable as to have enabled a rapid 
increase when required, as it will now allow a sudden decrease, without 
disappointing the just expectations of any of those engaged in this serv- 
ice. It has been also very gratifying to observe that those engaged 
in the Census Bureau have been most devoted to their work, and have 
on every occasion responded with cheerfulness to extra demands upon 
their time and energies. 

ACT OF FEBRUARY 27, 1890. 

The duties imposed upon the Superintendent were greatly increased by 
the act of February 27, 1890, entitled "An act to require the Superin- 
tendent of the Census to ascertain the number of people who own farms 
and homes and the amount of the mortgage indebtedness thereon." 

The necessary questions to elicit this information were added to the 
population schedules. By replies to these questions, through special 
agents, records, and correspondence, the facts required will be accu- 
rately obtained. 

PRINTING. 

There were printed for the census work over 80,000,000 blanks, cir- 
culars, schedules, etc., about 75,000,000 of which were done at the Gov- 
ernment Printing Office and the remainder at the Census Office itself. 
The Census Office printing-press has served an excellent purpose 5 but 
the Secretary can not express too highly his appreciation of the prompt- 
ness, efficiency, and good-will exercised in this immense undertaking by 
the Public Printer (Mr. Palmer) and his assistants. They have, with 
unflagging footsteps, kept up with even the remarkable energy of the 
Superintendent of the Census, so that taking the census has not been 
retarded to any degree from delay in printing, which was one of the 
causes obstructing the completion of the Tenth Census. 

* The methods pursued are set forth at length in the office report. 



REPORT OF THE SECRETARY OF THE INTERIOR 



LXIII 



The following statement shows a praiseworthy stage of advancement 
of the present census : 

Condition of work of Eleventh Census October 22, 1890, compared with worlc of Tenth 
Census at corresponding date. 



No. 



Division. 



Condition of -work under Eleventh 
Census October 22, 1890. 



Condition of work under Tenth 
Census October 22, 1880. 



Appointments* 



Disbursements and 
• accounts. t 



Geography . 



Population. 



Vital statistics 



10 



11 



Church statistics 

Educational statistics . 

Pauperism and crime. 



Wealth, debt, and tax- 
ation. 



National and State 
finances. 



Farms, homes, and 

mortgages. 



A.gricnlture 



Number of employes on Census Office 
roll, exclusive of special agents, 
'J, 274. 

Total expenditures on account of 
Eleventh Census to date, $2,695,- 
082.80. 

Sixteen thousand and sixty enumera- 
tors' accounts adjusted and passed 
to payment. 

Supervisors' districts laid out; exist- 
ing minoi- civil divisions determined 
for census purposes; areas of coun- 
ties, etc., computed records of rain- 
fall and temperature revised and 
platted on maps ready for final pub- 
lication. 

Count of population entirely com- 
pleted and verified, and, with excep- 
tion of three or four districts, has 
been announced through the news- 
papers, followed by substantially 
final announcement October 30, 1890. 

Special veteran schedules have been 
thoroughly examined and made 
ready for tabulation and verifica- 
tion. 

Work of tabulation of population 
schedules as regards color, sex, etc., 
about to be < omraenced. 

Returns of 400,000 deaths (over one- 
third total number) examined, clas- 
sified, and numbered ready for 
punching. Fourteen thousand phy- 
sicians' registers returned and ar- 
ranged by counties, etc. 

Forms of mortality tables all pre- 
pared. Seveu hundred and twenty- 
five thousand death records in cer- 
tain large cities copied and largely 
tabulated. All preliminary work 
completed. 

Church statistics already collected to 
an extent not attained in any previ- 
ous census. 

Twenty-one hundred and fifty candi- 
dates tor appointment examined. 
School statistics well under way, 
and much complete material ready 
for publication in a bulletin. 

Names of 185,000 inmates of institu- 
tions, jails, etc., received and work 
of tabulation commenced. 

This inquiry nearly completed. One 
bulletin Las been issued showing 
financial condition of counties, and 
bulletins are being prepared giv- 
ing detailed financial statement as 
to 1,400 cities and towns. 

Indebtedness of foreign nations ascer- 
tained and compiled. Receipts and 
expenditures of United States for 
past ten years compiled. State- 
ment of debt and finances of the 
States in preparation. Preliminary 
bulletin issued. 

Transcripts of real estate records com- 
plete for 2.850 counties. Plan of 
work complete for investigation 
directed by special act of Congress. 

Preparatory workin progress 



Number of employes on Census 

Office roll, exclusive of special 

agents, 1,009. 
Tola! expenditures on account of 

Tenth Census to October 22, 

18&0, $1,728,804.01. 
NumKer of enumerators paid, 

20,800. 

This work was not this far ad- 
vanced until a much later date 
in 1880. 



First State announced in bul- 
letin October 16, 1880. Popula- 
tion of United States announced 
January 15, 1881. 



Nothing done beyond general 
plans for securing returns. 
Enumerators' mortality sched- 
ules not turned over' to this 
division ur.til March. 1881. 
At least six months behind 
present condition. 



No record obtainable. 

report published. 



No final 



Nothing done. Final volume 
not published until about two 

years ago. 
Not nearly so far advanced. 



This work barely inaugurated at 
this date. 



This inquiry was not entered 
into in Tenth Census. 



Not commenced until December, 

1880. 



* This division has been discontinued. 

t On account of increased number of inquiries more corrections of schedules were necessary, delaying 
payment. 



LXIV REPOKT OF THE SECRETARY OF THE INTERIOR. 

Condition of work of Eleventh Census October 22, 1890, etc. — Continued. 



No. 



Division. 



Condition of work under Eleventh 
Census October 22, 1890. 



Condition of work under Tenth 
Census October 22, 1880. 



13 I Manufactures 



Mines and mining... 

Fish and fisheries . . 
Tran sportation 



Insurance 



Printing and station- 
ery. 



Statistics of special 
classes. 

Supervisors' corre- 
spondence. 

Alaska : 



Statistics of Indians. 



Social statistics of 
cities. 



"Work well advanced. Bulletin on pro- 
duction of pig-iron issued ; 220,000 
returns from manufacturing estab- 
lishments collected. Investigation 
relating to distilled spirits used in 
the arts completed. Report will be 
more complete than at any previous 
census. 

Work three-fourths completed. Field 
work finished. First results pub- 
lished August 8. Publication of 
final volume expected in summer of 
1X91. 

Fully one year in advance of work at 
corresponding date in Tenth Cen- 
sus. 

Work well advanced. Some investi- 

• gations nearly completed. Bulletin 
on rapid transit issued August 23. 

Material almost all collected and 
ready lor compilation. 

Preliminary printing much more ex- 
tensive and further advanced than 
in 1880. First bulletin printed Feb- 
ruary 10, 1890. Eleven have been 
published to date, and three more 
ready for printer. 

Enumerators being corresponded with 
for correction of special schedules. 

Work of this division now practically 
completed. 

Special agents now in Alaska collect- 
ing statistics of population. 

Returns from 50 out of 60 agencies re- 
ceived. Special enumeration of In- 
dians now being made. 

Eighty-five percent, of special sched- 
ules' received back complete. Tab- 
ulation in progress and bulletin al- 
most ready. 



Hardly two-thirds as much work 
had been done. 



First results published between 
six months and a year later 
than at present census. Final 
volume published in 1885. 

Fully one year in advance of 
work at corresponding date in 
Tenth Census. 

Practically nothing had been 
done. 

Practically nothing done until 

later. 
First bulletin published October 

10, 1880. 



At least three months behind 

present census. 
No similar division in Tenth 

Census. 
In similar condition. 



At least eighteen months behind 
present census. 



SUBJECTS OF INQUIRY. 

The Superintendent's annual report presents in exhaustive detail all 
the different subjects besides population that will be embraced in the 
census, and the methods and means now being used to arrive at the 
very best results. These will, among others, include vital statistics, 
statistics of special classes, such as insane, deaf, blind, feeble-minded, 
and sick ; social statistics of cities ; education ; church statistics ; crime, 
pauperism, and benevolence; foreign, national, and State finances; local 
finance; statistics of farms, homes, and mortgages; agriculture, manu- 
factures, mineral resources, transportation, fish and fisheries, insurance ; 
Alaska, and Indians. 

A reference to the Superintendent's report on these matters is 
deemed all that is necessary here. But the assurances made as to 
that most popular and useful portion of the census product — the maps 
and final volumes — it is thought well to quote at length: 



PREPARATION OF THE FINAL VOLUMES. 



Every effort lias been made to prepare in advaDce such maps and tables showing 
the geographical distribution of the mean annual temperature and the mean annual 



REPORT OF THE SECRETARY OF THE INTERIOR. 



LXV 



rain- fall over the United States as will be used in the final volumes. Many of these 
maps have been compiled and are now ready for the engravers. 

Lists of counties have been prepared and districted in accordance with latitude, 
longitude, mean annual temperature, mean annual rain-fall, and drainage basins, in 
readiness for the distribution of the population by agricultural products and other 
data, as should be found necessary or desirable. The areas of the counties of the 
United States have also been measured by the geographical division of the Census 
Office for use in computing tho density of population and other classes of data which 
depend upon area. The areas of drainage basins have also been measured. Also, for 
the division of morality, areas by wards and sanitary districts of cities have been 
measured and outlined. Maps of all large cities have been prepared, and are ready 
for the official returns. In this connection I wish to call attention to the necessity 
of securing for the Census Office the best engraving that can bo done in this country. 
Some of the maps published in the volumes of the Tenth Census were regarded as 
models of workmanship and skill, competent European authorities declaring they 
ware the best of the kind ever published in Government reports. On the other hand, 
there were some maps which appeared in the volumes of those reports which were 
alike discreditable to the reports and to the Government. In my opinion it is better 
to have no maps at all than to publish maps that are cheap, badly engraved, and 
misleading in every particular. 

The first completed returns were received from the supervisors dur- 
ing the week ending June 14, and four days later the machine tab- 
ulation began. This great work has been prosecuted untiringly until 
the present time, and the substantial result can now be announced. 

The following is that result, as stated by the Superintendent of Census, 
October 30, 1890. 

Population of the United States in 1890 as compared with 1880 and 1870, by States and 
Territories, showing the increase by number and percentages from 1880 to 1890, from 
1870 to 1880, and from 1860 to 1870. 

[The figures for 1890 in this table are not final, hut are subject to revision.] 



States and Territo- 


Population. 


Increase from 
1880 to 1890. 


Increase from 
1870 to 1880. 


Increase from 
I860 to 1870. 


ries. 


1890. 


1880. 


1870. 


No. 


Per 
cent. 


No. 


Per 
cent. 


No. 


Per 
cent. 


The United States.. 


62,478,566 


50,155,783 


38,558,371 


12,322,783 


24.57 


11,597,412 


30.08 


7,115,050 


22.63 


North Atlantic di- 
vision 


17,364,429 


14,507,407 


12,298,730 


2,857,022 


19.69 


2,208,677 


17.96 


1,704,462 


16.09 




660, 261 

375, 827 

332, 205 

2, 233, 407 

345, 343 

745, 861 

5, 981, 934 

1, 441, 017 

5, 248, 574 

8, 836, 631 


648, 936 

346, 991 

332, 286 

1, 783, 085 

276, 531 

622, 700 

5, 082, 871 

1, 131, 116 

4, 282, 891 

7, 597, 197 


626, 915 
318, 300 
330, 551 
1, 457, 351 
217, 353 
537, 454 

4, 382, 759 
906, 096 

3, 521, 951 

5, 853, 610 


11, 325 

28, 836 

a81 

450, 322 

68, 812 

123, 161 

899, 063 

309, 901 

965, 683 

1, 239, 434 


1.75 
8.31 
a0.02 
25.26 
24.88 
19.78 
17.69 
27.40 
22. 55 

16.31 


22, 021 

28, 691 

1,735 

325, 734 

59, 178 

85, 246 

700, 112 

225, 020 

. 760, 940 

1, 743, 587 

217593 
154, 049 
45, 924 


3.51 
9.01 
0.52 
22.35 
27.23 
15.86 
15. 97 
24.83 
21.61 

29.79 

17.27 
19. 73 
34.87 


al, 364 

al, 773 

15, 453 

226, 286 

42, 733 

77, 307 

502,024 

234, 061 

615, 736 

488, 907 


a0. 22 


New Hampshire 


a2.38 
4.90 


Massachusetts 

Rhode Island 

Connecticut 


18.38 
24 47 
16.80 
12.93 


New Jersey 

Pennsylvania 

South Atlantic di- 
vision 


34.83 
21.19 

9.11 


Delaware j 167,871 

Maryland 1,010, 303 

District, of Co'umbia 229, 796 


146, 608 
934, 943 
177, 624 


125, 015 
780, 894 
131, 700 


21, 263 
105, 360 
52, 172 


14.50 
11.27 
29.37 


12, 799 

93, 845 
56, 620 


11.41 
13.66 
75.41 



INT 90— VOL I- 



a Decrease. 



LXVI REPORT OF THE SECRETARY OF THE INTERIOR. 

Population of the United States in 1890, as compared with 1880 and 1870, etc. — Cont'd. 



States and Territo- 
ries. 



South Atlantic divi- 
sion — Cont'd. 

Virginia 

West Virginia..... 

North Carolina 

South Carolina 

Georgia 

Florida 



Northern Central di- 
vision 



Ohio 

Indiana 

Illinois 

Michigan 

"Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota. 
South Dakota. 

Nebraska 

Kansas 



Southern Central 
division 



Kentucky 

Tennessee 

Alabama 

Mississippi 

Louisiana 

Texas 

Indian Territory (6) 

Oklahoma 

Arkansas 



"Western division. 



Montana 

"Wyoming ... 

Colorado 

New Mexico. 

Arizona 

Utah 

Nevada 

Idaho 

Alaska (e) ... 
"Washington . 

Oregon 

California 



Population. 



1, 648, 911 

760, 448 

1, 617, 340 

1, 147, 161 

1, 834, 366 
390, 435 

22, 320, 305 

376667719 
2, 189, 030 
3, 818, 536 

2, 089, 792 
1, 683, 697 

1, 300, 017 
1, 906, 729 

2, 675, 234 
182, 425 
327, 848 

1, 056, 793 
1,423,485' 



1880. 



1, 512, 565 
618, 457 

1, 399, 750 
995, 577 

1, 542, 180 
269, 493 

17, 364, 111 



198, 062 
978, 301 
077, 871 
636, 937 
315, 497 
780, 773 
624, 615 
168, 380 
135, 177 



452, 402 
996, 096 



10,948,253 8,919,371 



1,855,436, 1,648,690 
1,763,723 1,542,359 
1, 508, 073 1, 262, 505 



1,284,887 
1,116,828 
2, 232, 220 



c 61, 701 
1, 125, 385 

3, 008, 948 



131, 769 
60, 589 

410, 975 

144, 862 
59, 691 

206, 498 
44, 327 
84,229 



349, 516 

312, 490 

1, 204, 002 



1, 131, 597 

939, 946 

1, 591, 749 



802, 525 
1, 767, 697 



39, 159 
20, 789 
194, 327 
119, 565 
40, 440 
143, 963 
62, 266 
32, 610 



75, 116 
174, 768 
864, 694 



1870. 



1, 225, 163 
442, 014 

1, 071, 361 
705,1 

1, 184, 109 
187, 748 

12, 981, 111 



2,665,260 

1, 680, 637 

2, 539, 891 
1, 184, 059 
1, 054, 670 

439, 706 

1, 194, 020 

1, 721, 295 

14,181 



122, 993 
364, 399 

6,434,410 



1, 321, 011 
1, 258, 520 
996, 992 
827, 922 
726,915 
818, 579 



484, 471 
990, 510 



20, 595 
9,118 
39, 864 
91, 874 
9,658 
86, 786 
42, 491 
14, 999 



23, 955 
90, 923 
560, 247 



Increase from 
1880 to 1890. 



No. 



136, 346 
141. 991 
217, 590 
151, 584 
292, 186 
120, 942 

4, 956, 194 



468, 657 
210, 729 
740, 665 
452, 855 
368, 200 
519, 244 
282, 114 
506, 854 



Per- 
cent. 



9.01 
22.96 
15.54 
15.23 
18.95 
44.88 

28.54 



14.65 

10.65 

24.06 

27. 

27.99 

66.50 

17.36 

23.37 



145, 516 394. 26 
229, 580 233. 63 
604, 391 133. 60 
427,389 42.91 



2, 028. 882 



206, 746 
221, 364 
245, 568 
153, 290 
176, 882 
640,471 



61, 701 

322, 860 

1, 241, 251 



92, 610 
39, 800 

216, 648 
25, 297 
19, 251 
62, 535 

dl7, 939 
51, 619 



274, 400 
137, 722 
339, 308 



22.75 



12.54 
15.35 

19.45 
13.55 
18.82 
40.24 



40.23 
70.22 



365. 30 
78.80 
39.24 



Increase from 
1870 to 1880. 



No. 



287, 402 
176, 443 
328, 389 
289, 971 
358, 071 
81, 745 

4, 383, 000 



532, 802 
.297,664 
537, 980 
452, 878 
260, 827 
341, 067 
430, 595 
447, 085 
120, 996 



329, 409 
631, 697 

2, 484, 961 



327, 67 
283, 839 
265, 513 
303,675 
213, 031 
773, 170 



318, 054 



Per- 
cent. 



23.46 
39.92 
30.65 
41.10 
30.24 
43.54 

33.76 



19.99 
17.71 
21.18 
38.25 
24.73 
77.57 
36.06 
25.97 
853.23 



Increase from 
1860 to 1870. 



No. 



a70, 859 



78, 739 

126, 823 
47, 324 

884, 395 



267. 83 
173. 35 



38.62 



24.81 
22. 55 
26.63 
36.68 
29.31 
94.45 



65.65 



777,187 78.46 

90.14 
128.00 
387. 47 

30. 14 
318. 72 

65.88 

46.54 
117. 41 




51,161 

83, 845 

304, 447 



213. 57 
92.22 
54. 34 



325, 749 
330, 209 
827, 940 
434, 946 
278, 
267, 683 
519, 107 
539, 283 
9,344 



94, 152 
257, 193 

665, 752 



165, 327 
148, 719 
32, 791 
36, 617 
18, 913 
214, 364 



49, 021 
371, 534 



20, 595 




9,118 




5,587 


16.30 


dl, 642 


dl.76 


9,658 




46, 513 


115. 49 


35, 634 


519. 67 


14, 999 





12, 361 

38, 458 

180, 253 



Per- 
cent. 



,74.44 



7.93 

0.27 
12.00 
33. 70 

42. 70 



13.92 
24.45 
48.36 
58.06 
35.93 

155.61 
70. 91 
45.62 

193. 18 



326.45 
239.91 



11.54 



14. 31 
13.40 
3.40 
4.63 
2.67 
35.48 



11.26 
60. 02 



106. 62 
73.30 
47.44 



a Of Virginia and "West Virginia together. 

6 The number of white persona in the Indian Territory is not included in this table, as the census of 
Indians and other persons on Indian reservations, which was made a subject of special investigation 
by law, lias not yet been completed. 

e Including Greer County (Indian Territory), claimed by Texas. 

d Decrease. 

e The number of white persons in Alaska is not included in this table, as the census of Alaska, 
l^bich was made a subject of special investigation by law of Congress, hag not yet been completed. 



REPORT OF THE SECRETARY OF THE INTERIOR. EX VII 



Population of the United States in 1890, as compared with 1880 and 1870, etc. — Cont'd. 
RECAPITULATION BY GROUT'S 



Geographical divisions. 


Population. 


Increase from 
1880 to 1890. 


1 acrease from 
1870 to 1880. 


l acreage from 
I860 to 1870. 


1890. 


1880. 


1870. 


No. 


Per 

cent. 


No. 


Per 
cent. 


No. 


Per 
cent. 


The United States. 


62,478,566 


50, 155, 783 


38, 558, 371 


12, 322, 783 


24.57 


11,597,412 


30.08 


7,115,050 


22.63 


North Atlantic division. 
South Atlantic division . 
"Northern Central di- 


17 364, 429 
8, 836, 631 

22, 320, 305 

10, 948, 253 
3, 008, 948 


14, 507, 407 

7, 597, 197 

17,364,111 

8, 919, 371 
1, 767, 697 


12, 298, 730 

5, 853, 610 

12, 981, 111 

6, 434, 410 
990, 510 


2,857,02219.69 
1,239,43416.31 

4, 956, 194 28. 54 


2, 208, 677 

1, 743, 587 

4, 383, 000 

2, 484, 961 

777, 187 


L7.96 

29. 79 

33.76 

38.62 
78.46 


1, 704, 462 
488, 907 

3, 884, 395 

665, 752 

371, 534 


16.09 
9.11 

42.70 


Southern Central di- 


2, 028, 882 
1, 241, 251 


22.75 

70.22 


11.54 


Western division 


60.02 



' The following table shows the relative rank in population of the 
States and Territories in 1890 and in 1880 : 

Relative rank of States and Territories in population. 



1890. 


1880. 


1890. 


1880. 


1 New Yr>rk. 


1 New York. 


26 Nebraska. 


26 Minnesota. 


2 Penns'flvania. 


2 Pennsylvania. 


27 Maryland. 


27 Maine. 


3 Illinois. 


3 Ohio. 


28 West Virginia, 


28 Connecticut. 


4 Ohio. 


4 Illinois. 


29 Connecticut. 


29 West Virginia. 


5 Missouri. 


5 Missouri. 


30 Maine. 


30 Nebraska. 


6 Massachusetts. 


6 Indiana. 


31 Colorado. 


31 New Hampshire. 


7 Texas. 


7 Massachusetts. 


32 Florida. 


32 Vermont. 


8 Indiana. 


8 Kentucky. 


33 N ew Hampshire. 


33 Rhode Island. 


9 Michigan. 


9 Michigan. 


34 Washington. 


34 Florida. 


10 Iowa. 


10 Iowa. 


35 Rhode Island. 


35 Colorado. 


31 Kentucky. 


11 Texas. 


36 Vermont. 


36 District of Columbia. 


12 Georgia. 


12 Tennessee. 


37 South Dakota. 


37 Oregon. 


13 Tennessee. 


13 Georgia. 


38 Oregon. 


38 Delaware. 


14 Wisconsin. 


14 Virginia. 


39 District of Columbia. 


39 Utah. 


15 Virginia 


15 North Carolina, 


40 Utah. 


40 Dakota. 


16 North Carolina. 


16 Wisconsin. 


41 North Dakota. 


41 New Mexico. 


17 Alabama. 


17 Alabama. 


42 Delaware. 


42 Washington. 


is New Jersey. 


18 Mississippi. 


43 New Mexico. 


43 Nevada, 


19 Kansas. 


19 New Jersey. 


44 Montana. 


44 Arizona. 


20 Minnesota. 


20 Kansas. 


45 Idaho. 


45 Montana. 


21 Mississippi. 


21 South Carolina. 


46 Oklahoma. 


46 Idaho. 


22 California. 


22 Louisiana. 


47 Wyoming. 


47 Wyoming. 


23 South Carolina. 


23 Maryland. 


48 Arizona, 




24 Arkansas. 


24 California. 


49 Nevada. 




25 Louisiana. 


25 Arkansas. 







It will be seen that, as in 1880, New York still heads the list and is 
followed by Pennsylvania. Ohio and Illinois have exchanged places. 
Of the other changes in the list the most marked are those of Texas, which 
rises from No. 11 to No. 7 ; Kentucky, which drops from 8 to 11 j Min- 



LXVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

nesota, which rises from 26 to 20 $ Nebraska, which rises from 30 to 
26 ; Maryland, which drops from 23 to 27 ; Colorado, which rises from 
35 to 31 ; Vermont, which drops from 32 to 36 ; Washington, which 
rises from 42 to 34 ; Delaware, which drops from 38 to 42 ; Nevada, 
which drops from 43 to 49 ; and Arizona, which drops from 44 to 48. 
The average change in rank is 2.2 places. 

The complete table will differ at most only a few hundreds from the 
foregoing. 

COMMENTS ON ENUMERATION OF POPULATION. 

In a report dated October 28, 1890, made upon the substantial com- 
pletion of the enumeration, the Superintendent presents a very full 
explanation of its validity, showing the unfairness of any comparison be- 
tween the percentage of increase between L870and 1880 and that between 
1880 and 1890. The discussion contained in the Superintendent's paper 
cannot be fairly abbreviated and it is appended in full. [Appendix C] 

There have been some contests, and in some instances corrections 
have been made on applications for remuneration. But 80 per cent, 
of all the complaints against the Eleventh Census, and there were only 
about the same number as against the Tenth Census, have on careful 
investigation been found groundless. 

OPPOSITION TO THE WORK. 

It is a noteworthy fact that upon the promulgation of the questions 
to be answered for the purposes of the census, some relating to disease 
and other of the subjects above mentioned, a great number of editors 
throughout the country began a bitter attack upon the whole cen- 
sus system and used every means of argument and invective to array 
the people against replying to the inquiries of the enumerators, and 
even denounced the whole work in advance. But the people recognized 
the census as a national work, meant not only for the necessities of our 
own Government, but for the benefit of all men, and the questions, 
including those relating to farms, homes, and mortgages, were almost 
universally and promptly answered. 

This census will, it is believed, be found to be reliable. To say that 
there are no errors in it would be to claim for it more than can be ex- 
pected of any such work. But those who find the most fault with it are 
those who from the beginning have endeavored to defeat it. The great 
body of our people are content with it. 

The disputes that have arisen as to certain cities, and even one State, 
have been patiently heard where it was asked, and opinions given at 
length setting forth the reasons for the action taken. Time alone can 
now test the Eleventh Census, exposing errors, if any exist, and con- 
firming its substantial accuracy. The work has certainly been most 
carefully prepared, and as the result goes to the country, the Secretary 
feels that the duty imposed upon the Census Office has been faithfully 
performed. 



REPORT OF THE SECRETARY OF THE INTERIOR. LXIX 



GEOLOGICAL SURVEY. 

As shown in the report of the Director of the Geological Survey, the 
important industries and interests growing out of the mineral resources 
of the country are steadily increasing in prominence, the increase in 
mineral productions in the United States from 1888 to 1889 being in 
round numbers $40,000,000. 

During the fiscal year the operations of the Geological Survey have 
been so extended as to cover several new mining interests. A system- 
atic study of the zinc mines and ores of Missouri has been undertaken 
and pushed rapidly. A study of the geology and chemistry of the 
phosphate deposits of Florida was commenced, a geological reconnais- 
sance was carried over a considerable part of the State, aud a topo- 
graphic survey was instituted with the object of constructing large 
scale maps upou which the distribution of the phosphate bearing rocks 
and associated strata may be represented. A detailed survey of the 
Narragansett coal basin of Massachusetts was commenced and satis- 
factory progress made. Meantime the study of mineral resources con- 
ducted during previous years was not relaxed ; work has been carried 
forward in the study of the gold belt of California, in the surveys of 
coal fields and other mineral bodies in Colorado by one division of the 
Survey and in Montana by another ; and the Lake Superior iron region 
has been the theater of continued explorations and the subject of pub- 
lication. Detailed topographic surveys for geologic purposes have 
been made in the anthracite region of Pennsylvania, and the study of 
the coal, oil, and gas bearing portions of West Virginia has been pushed 
to such a stage of completion that a report thereon has been prepared 
for the press. The researches in the region of rapid mineral formations 
in and about the Yellowstone National Park has also been continued ; 
and the subject of rock gas and its distribution has received renewed 
attention. Several geologic parties have been employed during the 
year in laying down upon maps designed for early publication the areal 
distribution of the rock formations. 

As during previous years the Director of the Geological Survey has 
not confined attention to those resources of the earth already known 
and adequately appreciated by prospectors, investigators, and other 
persons, but has sought to extend the science of geology with the view 
of developing new resources and thereby promoting the progress of the 
country and the welfare of the people. 

Accordingly, new principles are developed as the facts of observation 
are gathered, the field of the survey is widened and its operations are 
gradually extending to the various natural resources of the earth — to 
soils as well as minerals, to the springs, streams, and rivers of the sur- 
face as well as to subterranean waters, to the inundated lands of the 
coast as well as to mountain sides, to new combinations of mineral sub- 
stances for industrial purposes, as well as to new minerals. 



LXX REPORT OF THE SECRETARY OF THE INTERIOR. 

During the year the topographic surveys made for geologic purposes 
have been carried on in twenty of the States, and an area of 46,807 
square miles has been surveyed and mapped on two scales of about 1 
mile to the inch and about 2 miles to the inch, respectively. 

During the year the Geological Survey has had published one annual 
report in royal octavo, two quarto monographs, ten octavo bulletins, and 
an octavo report upon the mineral resources of the United States. It 
has sent out an aggregate of 46,847 volumes, of which 15,019 have been 
exchanged, 2,931 sold, and 28,897 distributed gratuitously. The acqui- 
sitions of the library during the year by purchase and exchange number 
3,212 books and 3,857 pamphlets. 

Two changes in the organization of the Geological Survey have been 
authorized. When the functions of the Geological Survey were en- 
larged by laws enacted March 20, 1888, October 2, of the same year, 
and March 3, 1889, the labor devolved upon the Director became 
arduous, and he requested authority for combining the various geologic 
divisions of the Survey in a geologic branch and for appointing a chief 
geologist in charge of that branch. Authority for the change was con- 
ferred, and upon the recommendation of the director Mr. G. K. Gilbert 
was appointed chief geologist. Another, change in organization which 
grew out of a legal provision for the engraving of the atlas sheets of 
the topographic and geologic surveys of the United States was the in- 
stitution of a division of engraving and the appointment of a chief 
engraver with the necessary assistants. The engraving done in the 
Survey is fop experimental purposes, the chief part of the work being 
done by contract. 

The report of the Director of the Survey is accompanied by two sci- 
entific papers, the first relating to the unconsolidated deposits overly- 
ing the rocks of a territory of 16,500 square miles in Iowa, and the sec- 
ond relating to the rock gas and petroleum of the great Indiana gas- 
field, the largest known in the world. 

Questions in regard to the arid lands and the selection of water res- 
ervoirs for purposes of irrigation have been discussed in this report in 
connection with the business of the Land Office. This subject, with 
others of general interest, will be treated of in the annual report to be 
made to Congress by the Director, under the supervision of the Secre- 
tary of the Interior. 

During the recent earnest inquiry into the best system to be adopted 
for irrigation and the discovery that the statute of October 2, 1888, had 
reserved vast districts of land from entry, there was displayed some 
disposition to criticise the methods and purposes of this Bureau. But 
it is believed to have stood the ordeal well, and to have preserved the 
public confidence it so well deserves. In the judgment of the Secre- 
tary, it is accomplishing a vast and most valuable work in the best 
manner. 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXI 



BUREAU OF RAILROADS. 

The report of the Commissioner of Railroads, and the accompanying 
report of the railroad engineer of his office, contain full information 
in regard to the condition of the several railroad companies coming 
under the jurisdiction of his office, their roads, accounts, and affairs, 
for the fiscal year ending June 30, 1890. 

At the time of making his report for the year ending June 30, 1889, 
the Commissioner had been unable to obtain statements showing the 
condition of several of the land-grant roads. A number of the com- 
panies, whose grants of lands had been received through the medium 
of the States in which their lines are located, held that, therefore, they 
did not come within the provisions of the act of June 19, 1878, creating 
the Railroad Bureau and denning its powers. The point raised was 
that a grant to a State to aid in the construction of a railroad was not 
a grant to the railroad. The matter was submitted to the Secretary 
and referred for opinion to the Assistant Attorney-General assigned to 
this Department. This officer held that in order ; ' to bring it [the 
company] within the provisions of the act, it is sufficient that it has re- 
ceived the benefits of a grant as the owner of all rights and privileges 
of any road upon which such grant has been conferred, either by the 
Government directly or by the State to whom the grant was originally 
made." This opinion was approved and the Commissioner was directed 
to act upon it officially. He states that the several railroad companies 
were promptly notified of this ruling and requested to make reports as 
required by law, and that, with one or two exceptions, they have com- 
plied with the request. 

IMPROVEMENTS ON BONDED ROADS. 

The Commissioner, in company with the engineer of his Bureau, has 
traveled over nearly all the bonded roads and many of the Pacific land- 
grant lines, and says : 

I am able to report that many improvements, such as replacing iron rails with 
steel, putting in stone and iron culverts and bridges in place of wooden ones, reduc- 
ing grades, ballasting, enlarging machine-shops, building new station-houses, adding 
to terminal facilities, increasing rolling-stock, etc., have recently been and are con- 
tinually being made. These improvements, where they are made upon the bonded 
roads, are of especial value to the Government, as they not only increase the earning 
capacity of the roads and thereby the amonnt of net earnings to be paid in liquida- 
tion of the Government debt, but they add largely to the value of the property and 
so increase the Government security and render full final payment of the claims of 
the United States more certain. 

The amount received from the bonded roads this year was slightly 
below the receipts for the preceding year. This is not owing, however, 
to a decrease in business, but to the fact of unusual expenditures by 
the Union Pacific Railway Company in the purchase of rolling-stock. 



LXXTI REPORT OF THE SECRETARY OF THE INTERIOR, 

As to tlie present financial relations between tbe bonded roads and 
the Government, the same unfortunate condition of things exists now 
that has always existed since the bonds granted in aid of their con- 
struction were issued, viz, that the amounts annually received from 
the roads fall largely below the amounts of interest annually accruing 
upon the subsidy bonds. The debts therefore due the Government 
from these roads, instead of being reduced, as it was the evident expec- 
tation of Congress that they would be, are rapidly increasing year by 
year. The per cent, of net earnings required by law to be paid in dis- 
schargeof the Government obligations is not great enough to meet the 
interest which annually accrues upon the bonds issued to aid in the 
construction of the roads. 

The most conspicuous cause of reduction in the net earnings of the 
bonded roads is the building of numerous competing lines and the 
consequent reduction in both the volume and rates of traffic. In many 
sections west of the Mississippi Kiver and on the Pacific Slope the mile- 
age of railroads is greatly in excess of the legitimate needs of the car- 
rying trade. The last few years have seen an excess of railroad building 
in the West, and many investments in railroad properties have failed to 
yield even the smallest dividends. But this condition of things proba- 
bly will not long exist. Eoads that now run for long distances through 
sparsely settled sections, depending almost wholly upon through traffic, 
will soon find thrifty settlements all along their lines, yielding a large 
and profitable local trade. The country will catch up with the railroads. 
Then the transportation business will be on a safe and paying basis, 
the speculative period of railroad construction will be ended, and the 
operations of traffic found to be increasing and profitable. When that 
time arrives, and its approach is certain and not far distant, the bonded 
roads will show, as they ought to show, statements of largely increased 
net earnings which will enable them to meet within a reasonable period 
their obligations to the Government, and yield a fair return upon the 
investments of their stockholders. 

FUNDING THE DEBTS. 

The Commissioner adheres to the opinion given in his last report, 
that it will be necessary to extend the time in which the railroads may 
meet their obligations to the Government. He gives the history of the 
pending legislation and states that the question of time is of little im- 
portance as compared with that of security in the adjustment of the 
subsidy debts. He believes that it would be a great calamity should 
the Government be compelled to acquire the ownership and engage in 
operating the railroads. He makes the suggestion, which seems to be 
a wise one, that in no event should the Government be a loser by grant- 
ing the extension, and that no funding bill should be considered that 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXIII 

does not provide for a rate of interest a1 least equal to that which the 
Government is required to pay upon its obligations. 

The piineipal and interest of the subsidy bonds do not become due 
until 1S97. The Commissioner believes that the roads will be in a better 
condition to settle then than now, and the Government will not suffer 
by delay so long as the value of the property on which it holds liens is 
being steadily increased by the addition of valuable improvements. 

This subject was fully discussed by the present Secretary in his last 
annual report, and the views then expressed are still retained and are 
still applicable, as no legislation has yet been completed on this very 
important subject. 

SIOUX CITY AND PACIFIC. 

A bill is pending in Congress, having already passed the Senate, 
authorizing the Secretary of the Treasury, by and with the consent of 
the President, to settle the indebtedness of this company to the United 
States upon such terms as shall, in the judgment of the Secretary, ap- 
proved by the President, be for the best interests of the Government. 
It is apparent, from the figures given by the Commissioner as to the 
coudition of this company, that it will never be able to pay in full its 
Government debt. The report of the Commissioner shows in detail the 
operations of the road and its financial condition. 

UNION PACIFIC GUARANTEES. 

Certain criticisms, allegations, and complaints have come to this De- 
partment through the public press, and in communications, both oral 
and written, from individuals, touching the management of the Union 
Pacific Railway Company in the matter of guaranteeing the bonds and 
stocks of other railway corporations whose lines are operated in connec- 
tion with the Union Pacific system. It has been urged that these 
guaranties were made in violation of law, and that they would have 
the effect, and were made with the purpose, of defrauding the Govern- 
ment. 

On July 3, last, the following resolution was adopted by the United 
States Senate: 

Resolved, That the Secretary of the Interior be directed to inform the Senate 
whether he has knowledge of the guaranty, actual or proposed, by the Union Pacific 
Railway Company, of the bonds or stock of any other corporation, more especially 
those of the Oregon Railway and Navigation Company, and of the Denver and South 
Park Railroad Company. Whether said Union Pacilic Railroad Company has paid 
out of its surplus earnings or otherwise the indebtedness, or any part thereof, of said 
or other companies, and if so, whether such guaranty or such payment, or both, are 
in accordance with law and consistent with the obligations of said Union Pacific 
Railroad Company to the United States; and that the Secretary of the Interior be 
directed to communicate to the Senate all information in possession of his Depart- 
ment on the subject. 

The resolution was referred to the Commissioner of Kailroads for 
report ; in response was given a complete list of the companies whose 



LXXIV REPORT OF THE SECRETARY OF THE INTERIOR. 

bonds or stocks, or both, had been guarantied by the Union Pacific 
Railway Company, together with a statement of the manner, form, and 
amounts specified under the name of each corporation. The Commis- 
sioner further stated, in his report on the resolution, that no part of 
the earnings of the Union Pacific Railway Company which are required 
under the law to be paid to the Government, have been used for any 
other purpose than in liquidation of the Government debt. 

The inquiries of the Senate were fully answered and the opinion of 
the Assistant Attorney-General for this Department given, in which 
the Secretary concurred, that on the facts as shown by the Commis- 
sioner, there has been no violation of the United States Statutes by the 
company in these matters, nor of its obligations to the Government. 

REPORT OF GOVERNMENT DIRECTORS. 

In connection with the Commissioner's report it is deemed the state- 
ments of the Government Directors will prove of value. In this the 
following facts appear: 

The increase of gross earnings of the first six months of 1890 over 
the same period in 1889 is $3,295,027.53. However, the Oregon Rail- 
way and Navigation Company and the Denver, Texas and Fort Worth 
Railroad system included in the 1890 statement are not included in 
that for 1889. 

The surplus earnings of all lines operated by the Union Pacific Com- 
pany for the first half of the year were $6,051,434.71 as against 
$5,829,385.82 lor the same period of 1889. 

The number of miles operated for said six months of this year was 
8,034.46 and the expense of operation $14,664,500.39, taxes not included, 
as against 7,849.40 miles and $11,591,521.75 for the same half of 1889. 

The Oregon Short Line and Utah Northern Railway show increased 
earnings, but the surplus earnings are reduced from $1,204,450.88 for 
the six months ending June 30, 1889, to $1,129,928.05 for the same 
period of this year. 

Tl^e Oregon Railway and Navigation Company shows a reduction of 
gross earnings, attributed to short crops in Oregon and Washington, 
from $1,866,364.76 for the earlier period to $1,866,364.76 for the latter, 
while the increase of operating expenses was $427,534.96. 

During the year 1889 the surplus revenue from all sources was 
$2,402,440.57. 

The total debt of the Union Pacific to the Government January 1, 
1890, was $50,902,765.92. This falls due in the years 1895-1899. 

The rapid settlement of the States and Territories tributary to the 
Union Pacific road and its connections with the great development of 
agricultural and mining interests calls for large and continuous ex- 
penditure in the matter of improvements, extensions, and connections 
to meet the growing demands of population and business. 

The company has pursued a wise course in meeting these demands 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXV 

as rapidly as its means would permit. Important extensions are now 
under way, steel rails are being substituted for iron, and iron bridges 
for wooden. 

The extensions to Tacoma and Seattle will give access to the Puget 
Sound trade, while the extension from Milford to Pioche and from 
Wendoverto Douglas and other improvements call for large outlays. 

The shops at Cheyenne upon which $228,675.73 were spent in 1889 
still demand expenditure. 

The work of developing coal mines of great value to the company 
cost $341,000 in 1889, and $222,000 was spent on the Carbon Cut-off, 
destined to form a loop* of 55 miles between Sulphur Springs and Raw- 
lings. 

On account of the need of expenditures on these and other pressing 
improvements it has been deemed expedient to postpone the establish- 
ment of the second sinking fund proposed a year ago. 

A speedy and equitable settlement of the indebtedness to the Gov- 
ernment is urged. The debt can not be met as due without the suspen- 
sion of improvements and consequent injustice to the population depend- 
ent on the road and its continued extensions. The work ahead of the 
company, if faithfully performed, means large expenditures and small 
profits for years to come. 

The best interests of the people of the Great West should be consid- 
ered paramount to all others in the settlement of the question. 

The present management of the company the directors report as hon- 
est and wise, and they think the Frye bill now before the Senate should 
be adopted. In return for an extension of time and a lower rate of in- 
terest, it is stated the company would give a mortgage on the whole 
property, thus increasing the Government security in the sum of 
$34,500,000. This would put an end to a quasi-copartnership in the 
management, leave the company free to conduct its business without 
interference, and make the Government an ordinary creditor. 

. During the past year the company entered into arrangements with 
the Chicago and North- Western by which it can send its freight to 
Milwaukee, St. Paul, and other points on the latter road without break- 
ing bulk. * 

During 1889 the Colorado Central Railroad Company, of Colorado, 
the Colorado Central Railroad Company of Wyoming; the Georgetown, 
Breckenridge and Leadville Railroad Company j the Denver and Mid- 
dle Park Railroad Company ; the Denver, Marshall and Boulder Rail- 
road Company; the Greeley, Salt Lake and Pacific Railway Company, 
and the Cheyenne and Northern Railway Company were consolidated 
into one company, known as the Union Pacific, Denver and Gulf Rail- 
way Comx)any. Also a further consolidation between the companies 
named above and the Denver, Texas and Fort Worth Railroad Com- 
pany, looking to the large traffic centered at Pueblo. 

During 1889 the Union Pacific Road secured undisputed possession of 



LXXVI REPORT OF THE SECRETARY OF THE INTERIOR. 

the Oregon Railway and Navigation Company, by securing a majority 
of the stock of that company. 

The following table exhibits the amount of precious metals yielded 
iu 1889 by several States and Territories whose trade is tributary to 
the Union Pacific Road and its branches : 



States and Territories. 



Gold. 



Silver. 



Total. 



Colorado 

South Dakota 

Oregon 

Washington . 

Utah 

Idaho 

Montana 

Total 



$3, 636, 217. 88 
2,912,625.00 

1, 352, 249. 37 
193, 709. 00 
499, 500. 00 

2, 055, 708. 00 
3,794,009.82 



$26, 559, 057. 94 

160, 663. 00 

41, 589. 00 

106, 000. 00 

6, 656, 254. 65 

4,440,347.00 

20, 038. 871. 22 



$30, 195, 275. 82 
3, 073, 288. 00 
1, 398, 838. 37 
299, 709. 00 
7, 155, 754. 00 
6, 496, 055. 00 
23, 832, 881. 04 



14,444,019.07 



58,002,782.81 



72,446,791.1 



In addition to this Colorado produced, lead, $5,168,679.32, and copper, 
$363,983.01; and Utah, lead, $1,468,246.65, copper, $206,079.20, 

There were received over the Union Pacific and its branches, during 
1889, ores as follows : 

Tons. 
Idaho 9,731,033 

Montana 1,352,895 

Utah 29,664,684 

Oregon 282,512 

Various points in Colorado. 187,595,776 

LEGISLATION NEEDED. 

The Commissioner of Railroads renews his recommendation that an 
act amending the law creating the Railroad Bureau be passed, requir- 
ing the bonded roads to transmit to his office duplicates of all accounts 
for transportation services rendered the Government, including the 
carrying of the mails; and that all disallowances and differences in 
said accounts, found by the accounting officers upon settlement, . be 
reported to the Commissioner of Railroads, to the end that the records 
of his office may at all times give easy access to any information that 
may be desired by Congress, or any of the Departments of the Govern- 
ment, in regard to the accounts and indebtedness of any of the bonded 
roads. 

In the last annual report the Secretary strongly indorsed this recom- 
mendation. A bill, providing for the amendment suggested, was unan- 
imously passed by the Senate at its late session, and is now pending in 
the House of Representatives, and it is earnestly recommended that it 
receive the favorable consideration of that body. 

The financial condition and operations of the roads which have re- 
ceived land grants only, and which come under the jurisdiction of this 
Department, but in which the Government has no direct pecuniary in- 
terest, appear in such detail in the report of the Commissioner that it 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXV1I 

is deemed unnecessary to repeat them here, farther than presented in 
the Government Director's report as to the Union Pacific, an analysis 
whereof is set forth above. 

BUREAU OF EDUCATION. 

The Commissioner of Education makes a very suggestive report on 
the work done, and to be done, by his Bureau. Its object, as he states, 
is to collect and distribute information showing the present status of edu- 
cation in the United States, and also the educational progress of other 
nations. He goes on to say that inasmuch as all supervision has for its 
first object the increase of enlightened directive power, the function of 
this Bureau is an important one, for through a knowledge of whatever 
has proved of value in the entire field of education the greatest progress 
is made at the smallest cost, each person profiting by the experience 
of all. 

In proof of the extending interest in the work of the Bureau, the Com- 
missioner gives a table showing an increase of letters received over the 
previous year of nearly 29 per cent., and an increase of letters sent out 
of 47 per cent. The number of documents sent out the past year, 
182,215, slightly exceeds the number of the previous year. 

The Bureau has made during the year ten publications on subjects 
direct^ connected with education in the different States. The series 
of American Educational History, projected by the previous Commis- 
sioner, Hon. N. H. E. Dawson, reflects great credit on his sagacity, and 
deserves special mention. By economizing other expenditures from 
appropriations for the collection of statistics and the distribution of 
documents, he succeeded in setting apart sufficient money to engage 
competent persons, working under the supervision of Professor H. B. 
Adams, of Johns Hopkins University, for the preparation of all the 
volumes required to give a history of higher education in every State 
of the Union. 

The Commissioner, who certainly ought to know, states that national 
education does not begin, as is sometimes supposed, with primary edu- 
cation, but with higher education. The first education was that of the 
princes and the clergy; but the diffusion of the democratic ideas con- 
tained in Christianity made and still continues to make education a 
gift to all men. The history of higher education in the several States 
affords the needed clew to the beginning of our present widely extended 
system of common schools. The publication of that history by this 
Bureau is said to be having an excellent practical effect, for it is doing 
much to secure the necessary co-operation of the large body of highly 
cultured and influential men who guide education through colleges and 
universities. 

There has also been noticed, especially in the South, the appearance 
of an increased interest in educational history, and the Commissioner 
reports that there has never before been so much spirit of coopera- 
tion with this Bureau as now. 



LXXVIII EEPORT OF THE SECRETARY OF THE INTERIOR. 
REPORT ON FINE AND INDUSTRIAL ART. 

Attention is called by the Commissioner to the second volume of 
the Special Report npon American Education in Fine and Industrial 
Art, by I. Edwards Clarke, an important work, not only because of the 
care displayed in its preparation, but because of the vital interest 
given to the question of art education by American industries. With- 
out training in taste, says the Commissioner, our workmen can not pro- 
duce such qualities of ornament as will admit our goods into the mar- 
kets of the world ; our surplus wealth will be expended in importing 
high-priced goods that can not be manufactured here because of this 
lack of training in the world's standard of the beautiful. 

PRINTING- FUNDS OF BUREAU OF EDUCATION. 

The Commissioner hopes that the work accomplished will emphasize 
the request for a more liberal allowance of money for the printiug fund 
of this Bureau. He repeats that the Bureau is not established to exer- 
cise a centralized control in the management of educational institutions, 
but solely to increase local self direction by collecting and digesting 
for it the records of educational experience throughout the world, and 
thereby contributing to its enlightenment. The Bureau's entire use- 
fulness, therefore, depends directly on what it prints and publishes. It 
must diffuse its information among the teachers of the land, or else it 
does not accomplish its function. And to attain its highest degree of 
usefulness and make available the material which it collects and pre- 
pares from year to year, it should have at least double the sum for 
printing that it now has. 

Moreover, the system of throwing back into the Treasury money 
unused at the end of the fiscal year works much injury to the Bureau. 
Work already ordered or contracted for remains unfinished, or not 
begun, and, upon completion, is charged against the fund for the next 
year. During the years from 1886 to 1889 the aggregate amount allot- 
ted to this Bureau was $58,194.94, and the amount expended was 
$42,229.38, leaving a balance unexpended of $15,965.56, the Bureau's 
claim to which was canceled. This is greatly deprecated both by the 
former and the present Commissioner, and, in the Secretary's opinion, 
with justice. He is satisfied that the system is a mistake and should 
be rectified. If the sum due, of nearly $16,000, was put to the credit 
of the Bureau the Higher Education series could be promptly forwarded, 
and monographs now waiting publication could be circulated. What- 
ever appropriation for this purpose is made should be allowed to con- 
tinue from year to year until expended. 

THE LIBRARY AND MUSEUM DIVISION. 

The Commissioner states that during the past year the library has 
received nearly 5,000 volumes and more than 10,000 pamphlets, making 
the total number of volumes in the library 38,000, and 100,000 pamph- 
lets. 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXLX 

He hopes to print the coming year a complete index to all volumes 
relating to education and an analytical index to some of the more im- 
portant sources of educational information, such as Henry Barnard's 
exhaustive American Journal of Education, which the Commissioner 
states contains more educational literature of the first-class order than 
any other work in any language. 

PUBLIC-SCHOOL STATISTICS. 

The division of statistics shows that there are enrolled in the public 
schools of the United States 12,291,259 pupils, or 19.7 per cent, of the 
total population. The increase during one year has been 220,903, or at 
the rate of 1.83 per cent, per annum. This, however, has not equaled 
the rate of growth of the school population, which has been 2.17 per 
cent, per annum. 

The progressive decrease in the number of public-school pupils as 
compared with the population in the Northern States, which has al- 
ready been referred to in the reports of this office, is still going on; in 
point of fact, there has been during the past year an absolute decrease 
in the number of pupils enrolled in six of the Northern States, and 
in one other — New York — there has been an increase of only 544 
pupils against an increase of school population of over 30,000. The fol- 
lowing figures will serve to briefly show the change in the percentage 
of population enrolled as public-school pupils since 1870 : 

Percentage enrolled. 



The United States 17.8 19.7 19.7 

North Atlantic Division 22.1 20.2 18.3 

South Atlantic Division 6.3 16.4 18.7 

North Central Division 24.4 23.2 22.8 

South Central Division 7. 5 15. 4 17. 7 

Western Division 13.8 16.3 16.5 

These figures may require some slight correction when the complete 
returns have been received. The Commissioner calls attention to the 
fact that the proportion of the total population enrolled is greater in 
the South Atlantic than in the North Atlantic States. With the pro- 
portion of school population, however, the reverse is the case ; for 
every 100 children of school age there are 108 pupils enrolled in the 
North Atlantic States and only 88 in the South Atlantic. This dif- 
ference arises from the excess of children of school age in the South. 

In the Commissioner's opinion the apparent retrograde movement in 
the Northern States may be partially accounted for by the increase of 
private and parochial schools and by the tendency to refrain from send- 
ing children to school at as early an age as heretofore, whereby the 



LXXX KEPOKT OF THE SECRETARY OF THE INTERIOR. 

number of very young pupils has diminished. In Massachusetts, for 
instance, the number of pupils under five years of age has decreased 
during each of the last ten years. 

The growth of the public school system of the South is a remark- 
able phenomenon, which is clearly exhibited in the figures quoted 
above. It must be noted, however, that many of the existing public 
schools of that section were iu operation in 1870 as private schools. 

AVERAGE DAILY ATTENDANCE. 

The average number of pupils daily attending the public schools is 
65.1 per cent, of the whole number enrolled. This percentage was 59.3 
in 1870 and 62.3 in 1880, thus showing a steady growth. 

The falling off of enrollment in the Northern States since 1870 has 
been nearly counterbalanced by the increased regularity of attendance 
of those who are enrolled, so that about as large a proportion of the 
population attend school daily as in 1870. 

TEACHERS. 

The number of different public school teachers is as follows: Males, 
124,929; females, 227,302; total. 352,231. 

The male teachers comprise 35.5 per cent., or somewhat more than 
one-third of the whole. The relative number of male teachers has been 
continually decreasing since 1879, at which date they formed 43.3 per 
cent, of the whole. This decrease is taking place in all parts of the 
country. The present percentage in Massachusetts is only 8.9. 

The average wages of male teachers per month in 36 States and Ter- 
ritories is $42.43, being a decrease of 4 cents ; of female teachers 
$34.27, an increase of 32 cents. 

SCHOOL REVENUES. 

The public school revenues amounted to $132,121,200. Of this sum 
$9,743,994, or 7.4 per cent, of the whole, formed the income on perma- 
nent invested funds ; $25,379,390, or 19.2 per cent, of the whole, were 
derived from State taxes ; and $88,328,385, or 66.S per cent, of the 
whole, from local taxes ; $8,669,431, or 6.6 per cent, of the whole, were 
derived from sources not included in the foregoing. 

SCHOOL EXPENDITURES. 

The total amount expended the past year for public school pur- 
poses was $132,129,600, being an increase over the preceding year of 
$8,861,660, or at the rate of 7.19 per cent, per annum. 

The amount expended for all purposes per capita of the population 
was $2.12, of which $1.41 was for salaries. To educate a child in the 
United States costs at present an average of 13.3 cents per school day, 
of which 8.2 is paid for salaries of teachers and superintendents. 

The rate of growth of school expenditure (7.19 per cent, per annum), 
when compared with the rate of growth of the number of pupils enrolled 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXXI 

(1.83 per cent.), is seen to be extraordinary, and indicates a rapidly 
growing per capita expenditure. The total school expenditure per capita 
of population at different periods is as follows : 

Expended per capita of population. 





1870. 


1880. 


1889. 


The United States 


$1.64 

2.31 

.47 

.48 

2.09 

2.02 


$1.56 

1.97 

.67 

.55 

2.03 

2.41 


$2. 12 
2 67 






.93 




84 




2.77 


Western division 


3.22 



In the Northern States a period of maximum per capita expenditure 
occurred a,bout 1875. From that time on until about 1880 a considera- 
ble decrease took place. After 1880 a rise came again, which has been 
going on until the present time. The present expenditure is consider- 
ably in excess of any that has preceded it. 

The decline in the per capita expenditure in the Northern States 
from 1875 to 1880 may be attributed to a reaction which followed upon 
the "flush" times succeeding the war. A period of liberal expenditure 
was succeeded by a period of retrenchment and economy. There was 
also a shrinkage of values taking place, so that the same tax-rate would 
produce from year to year a smaller revenue. In three years during 
this period the property valuation of Massachusetts fell off nearly 
$240,000,000. 

The Southern States, as well as the Northern, form a characteristic 
group in the matter of school expenditure, of which the distinguishing 
feature is the small amount expended per capita as compared with the 
North. During the decade 1870-'80 there were many fluctuations in 
school expenditure in the South ; this period was a formative one, dur- 
ing which school affairs were unsettled and systems were formed and 
reformed. Since 1880 the expenditure has been continuously though 
slowly gaining on the population. The present per capita expenditure 
averages about one-third of what it is in the North. 

The difference in the expenditure per capita of school population is 
still more marked, it being in the South only one-fourth of what it is 
in the North. 

CONCLUSION. 

In conclusion, the Commissioner states that, in order to keep abreast 
of the social movements kindred to school education, he has attended 
the annual meetings of the Charity Association, the Prison Association, 
and the Social Science Association. 
INT 90 — vol i VI 



LXXXII REPORT OF THE SECRETARY OF THE INTERIOR. 

His reason for this is well stated : 

The common school deals with the normal weakling, the child, who is weak be- 
cause nature has not given him time to grow strong. The school develops his grow- 
ing strength along the lines of normal growth. But the social science societies deal 
with the abnormal weakling, the three classes, the insane, the pauper, and the crim- 
inal, and are endeavoring to discover what manner of education will cure mental 
and moral weakness, which tends to become a fixed element of character. This prob- 
lem presses upon us with increased weight now that the growth of cities progresses 
so rapidly. Every discovery of method along this line gives important hints for 
the management of city schools, for the common school strives to prevent the evo- 
lution of the abnormal weakling. 

The Bureau has, therefore, made investigations as to the illiteracy of 
criminals with a view to see what effect the common school may be 
accredited with in the prevention of crime. The general results for the 
past thirty years prove the important fact that the prisoners in jails and 
houses of correction include about eight times as many illiterate people 
on an average as an equal number of people in the community outside 
the walls of the jail. The penitentiaries do not show so great a dispro- 
portion as the jails, having only three and one-fourth times their quota, 
a sufficient number, however, to show the value of education in the 
prevention of crime. 

EDUCATION IN ALASKA. 

The Commissioner and the General Agent of education in Alaska both 
make reports on the condition of schools and their attendance in that 
far-distant section of our country. One station is 3,029 miles from San 
Francisco. Much credit is given to the general agent, Dr. Jackson, 
to whose industry and enthusiasm the measure of success which has 
attended educational work in Alaska is largely attributed. 

The policy pursued by the Indian Office of making contracts with 
missionary societies, for the instruction and maintenance of the children 
in their vicinity, was early adopted by the Bureau. This plan, by which 
the society shares the expense of the school, secures to the pupils an 
equal amount of care and instruction at less cost to the Government. 

The Commissioner says that on the earnest representations of Com- 
mander C. H. Stockton, of the U. S. S. Thetis* who had recently 
returned from a cruise in Behring Sea and the Arctic Ocean, Dr. 
Jackson was authorized to interest some of the missionary societies 
in the Esquimaux settlements at Point Barrow, perhaps the most 
northern land of our continent, Cape Prince of Wales, on Behring 
Strait, and Point Hope, lying about midway between the other two, 
where civilizing influences are greatly needed. Dr. Jackson accordingly 
explained the condition of thes;' settlements to a number of societies 
which he visited, and the opportunities for labor in the cause of human- 
ity were promptly seized, the American Missionary Association of the 
Congregational Church selecting Cape Prince of Wales, the Episcopal 



REPORT OF THE SECRETARY OF THE INTERIOR LXXXITI 

Board of Home Missions choosing Point Hope, and the Presbyterian 
Board of Home Missions taking Point Barrow. 

With the Secretary's approval agreements were entered into with 
eacli of these societies to contribute $1,000 toward the cost of their 
buildings and the expense of travel and supplies. From these new sta- 
tions favorable information has already been received. The Congrega- 
tional Society report that two missionaries sailed from San Francisco 
early in June, taking with them the frame of a house ready to be put up, 
and that they arrived safely at their destination, the society having al- 
ready expended $4,500 on the mission. The Episcopal Board of Home 
Missions report that their missionary, provided with a building costing 
$3,000, had reached Port Clarence, 200 miles from Point Hope, July 3. 
The Presbyterian board reports that a well-qualified teacher sailed for 
Point Barrow on June 1, with supplies for two years. 

For lack of transportation an inspection of the schools on the west- 
ern islands has not been possible since their establishment in 188G. 
This season, through the courtesy of the Secretary of the Navy, per- 
mission was granted the General Agent to accompany the Government 
vessels on their annual cruise to the Arctic, and the commanders were 
instructed to land at the settlements where schools existed or were to be 
established. Dr. Jackson started on his long voyage early in May. 
He was at Afognak June 16, and at Cape Prince of Wales early in 
July. He is expected to reach Sitka on his return early in October, 
when he will present a full report of the conduct of the schools in 
Alaska for the year 1889-'90. 

In the meantime an increase of the appropriation for the education 
of children in Alaska is recommeuded. The work has developed as far 
as can be expected with the present funds. Teachers who are sent to 
such distant and difficult fields should be thoroughly well qualified for 
the work and should be liberally paid for their labor and sacrifices. As 
an example of these a picture of devotion to the cause of humanity is 
vividly drawn by the general agent as follows : 

The school year at Klawack opened with sorrow, in the death of Mr. Currie, who was 
the first teacher the school ever had. Mr. Currie was a native of North Carolina, a 
graduate of Hampden and Sidney College and Union Theological Seminary, Virginia. 
He gave his life to Indian education. He did valuable work as teacher among the 
Choctaw Indians, and when a call came for some one to go to a remnant of Indians 
in southeastern Texas that were in danger of extinction, he went to them. While 
there his school-house was burned and his life threatened. To escape the malaria 
incident to a long-continued residence in that section, he came to Alaska and took 
charge of the newly opened school at Klawack under circumstances of great heroism. 
Far away from any officer of the law he battled alone against intemperance and 
witchcraft. Upon one occasion four men attempted to carry away one of his pupils 
(a girl) on the charge of witchcraft. Mr. Currie rescued her, keeping her at his 
house. A few days afterwards they returned, re-enforced by a party of Hydahs, on 
another attempt to get possession of her. While some of them vehemently claimed 
her, others stood near the missionary with open knives. Finally the brother of the 
girl was intimidated into paying a ransom for her. This Mr. Currie could not pre- 
vent, but the girl at least was saved. 



LXXX1V REPORT OF THE SECRETARY OF THE INTERIOR. 

Mrs. Currie, being herself a teacher of long experience, was, on her husband's death 
appointed to his place. Her isolation from all companionship (she was the only 
white woman in the place, and for eleven months looked into the faces of but two 
white women), the absence of any officer to enforce the law or look after the peace 
of the community; the prevalence of drunkenness, witchcraft, and other heathen 
practices, greatly interfered with the efficiency of the school. This is one of the 
most difficult places to conduct a school in all southeastern Alaska, and needs a 
strong, self-reliant, energetic man for teacher. Such an one the board of education 
hope to secure. 

Mrs. Currie, with true Christian heroism, unflinchingly remained at her post until 
the close of the school year, when she resigned to return to her friends in the East. 

But a few of many points, however, have been occupied either by the 
Government or missionaries. There are many places where schools 
would be welcome and would do great good, but for the establishment 
and maintenance of which an additional appropriation will be necessary. 

The General Agent furthermore submits the following recommenda- 
tions, in which the Secretary concurs : 

RECOMMENDATIONS. 

I. An inspection of the schools of western Alaska by the General 
Agent. In view of the fact that he has been unable to reach those 
schools for three years, and as the time has come for establishing 
new schools in that region, some of which have already been recom- 
mended by the Territorial board of education, and as it is probable 
that a Government vessel will be sent next summer to that section to 
convey Government officials, it is recommended that arrangements be 
made for the transportation of the General Agent. 

CHANGE IX SUPERVISION. 

II. In order that the General Agent may, for the next two or three 
years, give the larger part of his time to developing the school work 
in western Alaska, it is recommended : First, that the General Agent be 
relieved for the coming year from the local superin tendency of the Sitka 
district and be given the local superintendency of the Kodiak and Un- 
alaska districts; second, that a superintendent be appointed for the 
Sitka district. 

PERMANENT SCHOOL FUND. 

III. The recommendations of 1886->87 and 1887-'88 are renewed, 
which recommendations were also indorsed by the Territorial board 
of education, that legislation by Congress be made permanently appro- 
priating a sum of money for the education of the children of Alaska, 
without distinction of race. 

The present method of supporting the schools of Alaska by an an- 
nual appropriation from Congress is very unsatisfactory. As Congress 
one year votes $'25,000, and the second nothing, and the third $15,000, 
it can readily be seen that neither can the school-board of teachers 
arrange for the schools until after Congressional action has been taken, 
nor uutil such action is had can they be sure that there will be any 
schools. And not only that, but some years the action of Congress is 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXXV 

not known in Alaska until three months after the fiscal school year 
commences. A failure on the part of Congress any one year to make 
the necessary appropriation would close the schools, scatter Govern- 
ment property, and throw the teachers out of employment thousands 
of miles away from home and friends. The disadvantages of the pres- 
ent system need but to be stated to be seen. 

In the Western States and Territories the general land laws of the 
country provide that sections 16 and 36 in each township be set apart 
for the use of the schools in said States and Territories. In some of 
the States this has been a munificent endowment. But Alaska has no 
townships and no law by which they can be surveyed, and when, in 
the course of time, the general land laws are extended over it the nat- 
ure of the country and the peculiar climate and the requirements of 
the population will prevent to any great extent the laying out of the 
lands in sections of a mile square. Thus while no school fund is prac- 
ticable for years to come from the lauds, the General Government de- 
rives a regular revenue from the seal islands and other sources, a por- 
tion of which could be used in the place of the proceeds of the sale of 
school lands. 

COMPULSORY EDUCATION. 

IV. The operation of the obligatory attendance law, which was enacted 
by the Territorial board of education and approved by the Secretary 
of the Interior, in 1887, has been recently suspended by order of the 
United States Commissioner of Education. 

In view of the importance of some suitable law for securing the more 
regular attendance at school of the children of Alaska, the Territorial 
board of education, at its semi-annual meeting, June 14-19, took the 
following action : 

Whereas it is the invariable experience of all who have been engaged or interested 
for years in the difficult task of attempting to educate and civilize the natives and 
Creoles of Alaska that the greatest obstacles to success are — 

First. The want of adequate means of securing the regular and general attend- 
ance of the children of these people at the various Government schools; and 

Second. The stolid indifference, superstition, and fear of change on the part of 
the greater number of the parents of such children; and 

Whereas experience has also demonstrated that wherever native policemen have 
been employed and paid heretofore a moderate compensatiou for gathering these chil- 
dren into the school-rooms, and thus compelling attendance, not only is the average 
attendance itself largely increased, but an interest in the progress of the pupils and 
the success of the schools themselves has been gradually and permanently created 
in those native and Creole parents ; and 

Whereas the Government of the United States is annually appropriating large 
sums of money for the purpose of educating and civilizing these people and employ- 
ing competent and zealous teachers for that purpose, who are making great sacrifices 
by enduring severe privations, geueral discomfort, and personal isolation among an 
alien and barbarous race of people : Therefore be it 

Resolved by the Territorial board of education, That the Hon. Lyman E. Knapp, the 
governor of the district of Alaska, is hereby requested and urged to embody in his 
forthcoming annual report to the Department of the Interior the suggestions we have 
made herein, with the recommendation that, Congress take (ho subject of compulsory 



LXXXVI REPORT OF THE SECRETARY OF THE INTERIOR. 

education of the natives and Creoles of Alaska into consideration, and in addition to 
making the usual appropriations for the schools of the district, add thereto such en- 
actments as will compel the regular attendance of the pupils at such schools as are 
already established or may be hereafter provided. 

The recommendations of former reports on this subject are hereby 
renewed. 

With the granting of an obligatory attendance law, and even with- 
out it, the appointment of a native policeman in the native villages 
where schools exist, whose duty shall be to see that the children are in 
school, will greatly increase the present attendance. 

It is therefore recommended that an allowance of $10 or $15 per month 
be allowed from the school fund for the employment of such men. 

V. That Congress appropriate $75,000 for education in Alaska for 
the year ending June 30, 1892. 

VI. That the salary of the general agent of education be increased 
to $2,400 annually. 

HOWARD UNIVERSITY. 

The catalogue of this institution for the past year shows 365 stu- 
dents, representing nearly all of the States and Territories and several 
foreign countries, classified as follows : 

Theological 40 

Medical 107 

Law 29 

College department 22 

Preparatory 31 

Normal aud industrial 136 

Of these 78 completed their course. 

In the industrial department instruction is given in printing, car- 
pentry, tailoring, shoemaking, mechanical drawing, and other useful 
handicrafts. 

A suitable structure for instruction in the different mechanical arts 
is greatly needed. A building, equipped as required for a school of 
technology aud gymnastics, can be erected for $100,000, and for this 
purpose the trustees ask an appropriation of $25,000 to be expended 
in the present fiscal year. They also desire to employ a librarian and 
teacher of book-binding in addition to those to whom salaries have 
heretofore been paid. These requests are recommended to favorable 
consideration. 

The following items of appropriation are recommended : 

For new building for industrial department $25, 000 

For salaries 23, 800 

Care of grounds 1, 000 

For repairs .' 2, 400 

Books and shelving 2, 000 

Current expenses 4, 000 

Total 55,200 



REPORT OF THE SECRETARY OF THE INTERIOR. LXXXVII 

THE COLUMBIA INSTITUTION FOR THE DEAF AND 

DUMB. 

The management of this humane institution has continued to be most 
praiseworthy, and it is commended to the favor and liberality of the 
Government. 

The report from this institution states that there have been 129 stu- 
dents and pupils instructed since July 1, 1889. Seventy-one of them 
have been in the ollegiate department, representing twenty States, the 
District of Columbia, and Canada. Fifty-eight have been in the Ken- 
dall School. 

The usual courses of study in the several departments have been 
continued with success, and a course of lectures on important sub- 
jects has been given to the students. Six young men were graduated 
from the college with the degree of Bachelor of Arts, and one with the 
degree of Bachelor of Science. Five pupils received the diploma of the 
Kendall School. 

The liberal action of Congress in providing for the assistance of stu- 
dents in response to suggestions in the last report enables the college 
to meet the full expense of their education. 

The receipts of the institution from all sources amount to $61,830.14, 
and the expenditures were $63,970.47 ; balance on hand, $859.07. 

Estimates aggregating $06,000 are submitted for the coming year, 
and the directors propose, if the small increase asked for is granted, to 
extend the facilities already existing for normal teaching. The Secre- 
tary concurs with the statement that this is a great and growing neces- 
sity, as there is no school in the country devoted to training teachers 
for deaf-mutes. 

MARYLAND INSTITUTION FOR THE INSTRUCTION 

OF THE BLIND. 

At the end of the last fiscal year it is stated that the District had 19 
pupils in this institution. During the fiscal year ending June 30, 1890, 
8 were admitted, 1 died, and 5 were discharged, leaving 21 at the end 
of the year. 

The school appears to be prosperous and is doing thorough work. 
The younger pupils are taught on the kindergarten methods. 

Two of the department graduates, Miss Catharine Grady and Mr. 
Harry N. Koby, are employed as teachers in the institution. 

EDUCATION OF FEEBLE-MINDED CHILDREN. 

During the year ten of the District children have received education 
and support at the Pennsylvania Training School for Feeble- Minded 
Children, under the provisions of the act approved June 16, 1880, at a 
cost of $3,467.65. The superintendent reports there seems to have been 
improvement in the mental condition of all but one of the beneficiaries. 



LXXXVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

WASHINGTON HOSPITAL FOR FOUNDLINGS. 

The health of the inmates of this institution is reported to have been 
excellent and the mortality low. No contagious disease except u La 
Grippe v has prevailed. Sixty children were admitted during the year, 
of whom 11 were adopted. Applications for the adoption of children 
are rapidly increasing. The total number of employes is 22. 

It is intended to start a training school for nursery maids in connec- 
tion with the hospital. 

The receipts during the year were : 

United States appropriation $6,000. 00 

Membership dues and contributions 56(5. 00 

Proceeds of entertainments 444.83 

Endowment fund 241.20 

Sale of cows 36.20 

C. B. Bailey 16.00 

Sale of bottles 8.90 

Sale of old iron 1.75 

Total 7,314.88 

The expenditures were : 

Salaries and wages $53, 053. 84 

Provisions, groceries, ice, etc 1,540.62 

Nursery food, milk, cows' food 1, 2i»0. 67 

Druggists' supplies 621. 74 

Fuel and gas 707. 75 

Clothing, rubber goods, dry goods 697. 05 

Furniture, house furnishings, and baby carriages 314. 31 

Printing, advertising, and stationery t. 155. 45 

Miscellaneous ' 122.32 

Repairs and improvements 530. 07 

Total 8,943.82 



FREEDMEN'S HOSPITAL. 
The following table shows the work of this institution 





White. 


Colored. 


Grand 




Males. 


Females. 


Total. 


Males. 


Females. 


Total. 


total. 




29 


9 


38 


85 


74 


159 


197 








455 
4 


79 

I 


534 
5 


819 

91 


841 
102 


1,660 
193 


2, 194 




198 






Total 


459 
488 


80 


539 


910 
99T 


943 
l7oi7 _ 


1,853 


2, 392 








89 


577 


2,012 


2,589 








444 
20 


75 

4 


519 
24 


730 

165 

11 


803 
94 
11 


1,533 
259 
22 


2,052 


Died 


283 


Still-born 


22 












Total 


464 


79 


543 


906 


908 


1, 814 


2,357 








24 


10 


34 


89 


109 


198 


232 







REPORT OF THE SECRETARY OF THE INTERIOR. LXXXIX 

In the dispensary there were 5,962 prescriptions compounded for out- 
side patients. 

Three hundred and fifty-four surgical operations were performed. 
There were 94 cases of alcoholism treated, 12 of which were colored. 
There were 198 cases of women treated during confinement, 5 white and 
193 colored, only 46 of whom claimed to be married. In the hospital 
228 cases of venereal diseases were treated and in the dispensary 541. 
On the recommendation of the Commissioner of Pensions 128 ex-soldiers 
were admitted and treated, and, on the recommeudation of the Board of 
Managers of the National Soldiers' Home, 13 were cared for while wait- 
ing for transportation. 

There have been four fire-escapes erected, two on the main building 
and one upon each of the female ward buildings. 

Congress having made an appropriation of $2,500 for that purpose, 
the intention is to build a two-story four-room house for the treatment 
of contagious diseases. 



GOVERNMENT HOSPITAL FOR THE INSANE. 

The report of the Board of Visitors discloses the following note- 
worthy facts regarding this institution : 

Number of inmates at the beginning of the fiscal year : Males, 1,075 ; 
females, 322; total, 1,397. Admitted during the year: Males, 274; fe- 
males, 71 ; total, 345. Whole number treated during the year : Males, 
1,349 ; females, 393 ; total, 1,742. Discharged : Males, 82 ; females, 15 ; 
total, 97. Died : Males, 112 ; females, 28 ; total, 140. Inmates at end 
of fiscal year : Males, 1,155 ; females, 350 ; total, 1,505. Increase within 
the year : Males, 80 ; females, 28; total, 108. Of the admissions for the 
year, 115 were from the Homes for Disabled Volunteer Soldiers. 

There are still 5 inmates living who were admitted prior to June 30, 
1855. 

During the year the Toner Building has been opened as a distinct 
hospital for the sick, with trained nurses and all modern appliances. 

The infirmary annex, for which appropriation has been made, is now 
under contract and is expected to be completed during the fiscal year. 

A thoroughly tested fire-steamer of most approved pattern has been 
purchased and engine-house built. A fire brigade has been organized 
from the inmates. With the addition of two additional reservoirs there 
will be an efficient fire force with appliances ready to be used on any 
part of the buildings. 

The great humidity of the present cropping season has proved very 
detrimental to the agricultural and horticultural products of the insti- 
tution, nevertheless those products have amounted to $26,638.28, with- 
out consideration of forage crops consumed to the value of $8,794.80. 
Many of the male patients have been employed in farm work, as in 
excavating for the new building. In this regard the farm affords the 



XC REPORT OF THE SECRETARY OF THE INTERIOR. 

opportunity of substantial benefits to the patients as well as yielding 
a small profit to the hospital. 

For estimates and other details reference can be made to the text of 
the report. 

ARCHITECT OF THE CAPITOL. 

The Architect of the Capitol reports the following improvements 
made on buildings and grounds -during the fiscal year: 

The heating and ventilating of the Supreme Court room has been 
improved, so that a constant supply of air may be had and diffused 
throughout the Chamber. 

To furnish air undefiled by gas and smoke, a tower over 400 feet from 
the Senate wing has been erected in the western grounds, from which 
a tunnel a hundred superficial feefc in capacity runs to the fans which 
supply air to the Senate Chamber and terrace rooms. 

The coal- vaults at the wings have been enlarged, and hydraulic lifts 
placed at the eastern front. For that at the south front, a long tunnel 
has been constructed to connect with the terrace rooms. 

A large amount of painting has been done and the building kept in 
a good condition. 

As yet no definite arrangements have been made for the purchase of 
the electric lighting plant for the House of Representatives, or the ac- 
ceptance of that for the Senate wing ; but these plants have been used 
to great advantage during the present session of Congress, the Govern- 
ment paying only for the services of the workmen engaged in operating 
them during the session. By the use of these plants a saving in the 
cost of gas has been effected. 

It is stated that as a measure of economy such plants should be pur- 
chased. It is understood that the Westinghouse Company has expressed 
to the Committee on Rules a willingness to change the system of the 
Senate plant, furnished by them, from a high tension to a low tension 
at their own cost, and if this change should be made the purchase of 
the plant is recommended. During the past season electric lighting 
has been extended in the building and introduced in the terraces, so 
that now there are in use an equivalent of 492 sixteen candle-power 
lights on the House side and 682 sixteen caudle-power lights on the 
Senate side. 

The marble and granite work of the terrace have been completed, 
and a number of the rooms fitted up ready for occupancy by commit- 
tee, nine of which rooms have been occupied during the present session 
of Congress. All the others will be made ready by the next meeting of 
Congress. 

The Capitol Grounds have been kept in good condition. The north 
roadway, running from Pennsylvania avenue to the eastern front of the 
Capitol, has been resurfaced, under a guaranty by the contractor that 
the same shall be kept in good repair for a period of five years. The 



REPORT OF THE SECRETARY OF THE INTERIOR. XCI 

pavement at the east front of the Capitol, laid in 1877, is in a cracked 
and patched condition, and should be resurfaced in a manner to corre- 
spond with the roadway recently improved. An appropriation for this 
purpose is recommended. 

The lot recently purchased for Senate stable and engine-house has 
been graded and fenced and carriage sheds and a workshop erected 
thereon. 

The alterations and improvements of the Fish Commission building, 
authorized by Congress, have been completed, and various repairs and 
improvements have been made to the court-house and the Botanical 
Garden building and walks. 



THE TERRITORIES. 

IDAHO. 

The census this year shows a population of 84,229, an increase, since 
1880, from 32,610, or considerably more than double its former number 
of inhabitants. 

The area of Idaho is 86,294 square miles, or 55,228,160 acres. Of 
this there are classed 16,000,000 acres as agricultural lands, 20,000,000 
acres as grazing lands, and 10,000,000 acres of forests. 

The total assessed value of real and personal property in 1890 is 
$25,581,305. This does not include any lands unpatented, and many 
fine farms in high cultivation are yet unsurveyed. Nor are the miners 
taxed, and they are estimated to represent a value of $50,000,000. The 
total bonded and registered indebtedness to October 1, 1890, was 
$239,267.95. 

The Governor in his report earnestly recommends that, in justice to 
many of the citizens now occupying lands to which they have no title 
and to those who are seeking homes, liberal appropriations should be 
made for the survey of public lands, and in this the Secretary concurs. 

It is also recommended that all agricultural lands requiring irriga- 
tion be conveyed to the State by the United States. The Governor's 
argument is that if these lands were under State control a system would 
be perfected whereby the State could contract for their irrigation and 
be re-imbursed by their sale after they should be reclaimed. This sub- 
ject is discussed by the Secretary under the heading of public lands, 
and bis recommendations there made. The Governor also suggests that 
if the forest lands were placed under State control foresters would be 
appointed who would protect them from the foraging of speculators and 
the ravages of fire. He thinks that under wise legislation the timber 
might be disposed of but not the land, and that if properly managed 
a new growth of timber would follow these old forests and they could 
be perpetuated. 

The new status of statehood has already attracted a considerable tide 



XCII EEPORT Otf THE SECRETARY OP THE INTERIOR. 

of home-seekers, and it is said that inquiries are being made at the 
Land Office from every part of the Union. 

The Governor endeavors to show the necessity for Congress to make 
liberal appropriations for selection and survey of school lands, as other- 
wise actual settlers will have secured all the most desirable lands be- 
fore school lands can be selected. The Secretary strongly recommends 
favorable attention to tbis subject. 

Idaho has a total railroad mileage of 941 miles, with a total assessed 
valuation of $5,266,085. Over this railroad there were exported during 
the year ending June 30, 1890, 202,087 tons of products and imported 
183,864 tons. The value of the home products marketed during the 
same time was $10,395,150. Thirteen out of the eighteen counties of 
Idaho are in the arid belt, and will require irrigation to reclaim the 
land, In the other five counties of Shoshone, Kootenai, Latah, Idaho, 
and Nez Perce" the soil is of the deepest and richest black loam, with 
occasional mixture of sand and clay, and the rain -fall is sufficient with- 
out irrigation. The governor states that from 35 to 60 bushels of 
wheat of excellent quality can be raised to the acre in these counties. 

Stock-raising is one of the principal industries. The past winter was 
the most severe ever experienced, and the losses in cattle were very 
great. The system is being greatly modified and hereafter cattle men 
will provide supplies and not depend upon the winter ranges, as for- 
merly. An abundance of feed this summer has put the cattle into excel- 
lent condition for the coining winter. 

MINING. 

Since the discovery of gold in 1860, the mines of Idaho have yielded 
about $175,000,000. At first the efforts were confined to placer min- 
ing; then quartz mining was undertaken. But the want of transporta- 
tion and high freights have much retarded the development of these 
industries. Each year now, however, shows an increase. It is stated 
that there are mammoth lead-silver mines awaiting railroad facilities 
for development, and evidences of great universal wealth are given, 
which industry and enterprise will bring to the surface in the near 
future. 

The increasing demand for labor due to new industries has been 
steadily met by new arrivals from the States. There is harmony be- 
tween labor and capital, and wages are liberal, ranging from $1.50 to 
$2.50 per day for ordinary labor, and from $4 to $6 for skilled labor. 

.Referring in a very interesting report about the Indians, to the recom- 
mendations of a year ago, the Governor again urges that the Indians 
should be required to select lauds in severalty. This would destroy their 
tribal relations and make them self-reliant and selfsustaiuing. The 
majority of the Nez Perces have already taken homes in severalty, and 
they are making marked advance in civilization and prosperity. It 
is strongly urged that Congress should immediately ratify the treaty 
recently negotiated with the Occur d'Alene Indians for 250,000 or 



REPORT OF THE SECRETARY OF THE INTERIOR. XCIU 

300,000 acres of land. The peace and security of a number of settlers 
demand it. 

The United States Assay Office is located at Boise" City, and is greatly 
appreciated by- the gold mining interests, as the Government purchases 
and pays transportation on all bullion, the assay value of which is over 
500 tine. 

The Territory has constructed without Government aid a capitol 
building and furnished it elegantly, at a total cost of $85,000. 

The last legislature provided for the establishment of the University 
of Idaho to be located at Moscow. The site will consist of 20 acres 
and the building will cost $60,000. 

The Governor presents a most interesting report of the present and 
projected irrigation of the State, accompanied by specially prepared 
maps showing the canal system of the Upper Snake River basin and 
the irrigable area of the Snake River Valley in Idaho. 

At present there is no highway or wagon road connecting northern 
and central Idaho, but under a recent act of the legislature such a 
road is now being constructed. 

MORMONS. 

The legislature passed a registry law requiring all who registered to 
take a rigid oath against bigamy or polygamy, and declaring the Con- 
stitution and laws of the United States and the laws of Idaho as the 
supreme law, notwithstanding the teachings of any church or organi- 
zation. The leaders of the Mormon Church declared the law unconsti- 
tutional and carried it to the courts, and upon final adjudication by the 
Supreme Court of the United States its constitutionality was affirmed. 
This is known as the il Idaho test oath." The new State having been 
admitted without the elimination or alteration of any of the constitu- 
tional restrictions and prohibitions against bigamy or polygamy, the 
Mormons made no attempt to vote at the late election. The Governor 
thinks they will abandon these practices under a recent official mani- 
festo of the president of the Mormon Church. This may restore them 
to citizenship. 

Idaho is now beyond the Territorial status, having been received into 
statehood by the act of Congress approved July 3, 1890. Under the 
provisions of the constitution of the State, and in compliance with the 
proclamation of the Governor, elections were held for State, county, dis- 
trict, and township officers on the 1st of October, 1890. 

There is much more of interest and importance in the very able report 
of the Governor, which will be published in full, and to which it is not 
deemed essential here to refer. 

WYOMING. 

Wyoming was admitted to the Union by act of Congress approved 
July 10, 1890. The report of the Governor of the Territory, from which 
most of the facts hereinafter stated have been gathered, is therefore 
the last that will be made to the Secretary of the Interior. 



XCIV REPORT OF THE SECRETARY OF THE INTERIOR. 

The first census of Wyomiug Territory was taken in 1870, and showed 
a population of 9,118 ; that of 1880, 20,789. The census of this year 
shows a population of the present State of Wyoming of 60,589, exclusive 
of Indians, or an increase of 191.45 per cent. 

According to the report of the Governor the total assessed valuation 
of property in 1870 was $6,924,357. In 1890 it is $30,665,499.11, and 
it is supposed that this does not represent more than one-third of its 
actual value. 

September 1, 1890, there was a cash balance in the Treasury of 
$94,914.02 and a bonded indebtedness of $320,000, which represented 
a part of the expenditures for public buildings. 

The people of Wyoming have invested $10,000,000 in works of irri- 
gation, and the length of irrigating ditches exceeds 5,000 miles. The 
rain-fall averages about 14 inches on the plains and perhaps three times 
as much in the mountains. 

The soil of the State is rich, and needs no fertilizer but rain or irri- 
gation. Hay and small grains are very profitably cultivated. The 
State has an enormous area of coal land, and its mineral paint is said 
to be of excellent quality. It has in reserve an untold wealth in its 
undeveloped resources. Live-stock raising and extensive mining oper- 
ations furnish an excellent market for all kinds of products. 

The people are largely American, young, vigorous, and industrious, 
and the percentage of illiteracy is very small. Provision is made by 
law for free public libraries and a small tax is levied for their support, 
and the law provides for compulsory education. Most of the counties 
have substantial and commodious court-houses, and the cities and towns 
have a high class of municipal government. The public buildings are 
commensurate with the growth in population and revenues. The Ter- 
ritorial public buildings have a value of $500,000, and the school prop- 
erty is estimated at $1,000,000. 

School lauds were leased in two classes, one known as " agricultural 
and grazing," and the other as " grazing." No lease was made for a 
longer period than five years, and all leases were subject to cancella- 
tion within six months after the Territory should become a State. The 
proceeds were appropriated to the support of the public schools. Heavy 
forests cover 7,000,000 acres of Wyoming and there are about 15,000,000 
acres having more or less timber. 

More than three-fourths of the lands of Wyoming are yet open for 
settlement under homestead and other United States land laws, and 
offer rich fields for emigrants desiring a new country and early privi- 
leges of selection. There are 15,000,000 acres of land unsurveyed. 
Upon vast tracts of this land, the Governor states, there are immense 
oil-fields, coal-beds, and boundless forests of valuable timber. He con- 
siders that the policy of Congress in the matter of public surveys, re- 
stricting the appropriations to the survey of agricultural lands, has 
been a great disadvantage in the way of retarding development, and 



REPORT OF THE SECRETARY OF THE INTERIOR. XCV 

recommends a far more liberal policy in (lie future. He also states that 
the public debt, including territorial, county, and municipal, amounts 
to a trilie over $1,000,000, while the public property, exclusive of land 
grants, is worth $2,000,000. Wyoming has about 1,000 miles of rail- 
road. 

AGRICULTURE. 

In agricultural pursuits there is noticed an increased development 
by the opening of new districts. Irrigation has been very successful 
in redeeming the arid regions, and by reason of the numerous streams 
of water, said to number GOO in the Territory, this artificial means of 
producing fertility has yet vast possibilities ahead of it. 

The pasturage is of excellent quality and stock-raising, the oldest 
industry, represents a vast amount of capital. The number of sheep 
and horses especially has increased during the year. 

MINING. 

The Governor states that beyond doubt mining presents the great- 
est possibilities of any of the various resources of the present State of 
Wyoming. 

The coal area is said to exceed 30,000 square miles. Gold, silver, 
iron, copper, lead, tin, asbestus, mica, magnesium, sulphur, graphite, 
kaolin, fire-clay, glass sand, granite, marble, slate, sandstone, and 
limestone, are also being developed. An extensive oil region promises 
to be one of the principal factors in the development of the new State. 
A number of flowing wells are now plugged awaiting better transpor- 
tation facilities or pipe lines. The vast undeveloped resources of this 
country and the unoccupied territory open for every industry, offer 
splendid inducements for capital and well directed labor. 

The Governor says there is a constant demand for skilled mechanics 
and for women for house service. Mechanics receive from $2.50 to 
$6 per day, laborers $1.50 to $2.50 and house servants $15 to $30 per 
month and board. 

The Shoshone Reservation is the only Indian reservation in Wyol 
ming, and comprises over 1,500,000 acres in Fremont County. A large 
number of Shoshones and Arapahoes, who still maintain their triba- 
relation, are resident there. Some complaints are made of their wan- 
dering off the reservations, but this does not amount to more than at 
any other reservation. These Indians are not warlike, and efforts are 
being made to educate them in farming and other industrial pursuits. 

Upon the subject of the preservation and protection of the forests and 
timber lands, the Governor renews his recommendations that some 
remedial legislation should be enacted. The great forest fires consume 
and devastate vast areas, while all the timber cut and used tor all pur- 
poses does not amount to 5 per cent, of the quantity so destroyed. It 
is suggested that leasing the timber land under certain restrictions 
would largely remedy this evil. 



XCVI REPORT OF THE SECRETARY OF THE INTERIOR. 

The Governor submits a number of recommendations, including the 
the following : Largely increased appropriations for surveys and pro- 
visions for the correction by resurvey of erroneous and imperfect sur- 
veys. That the surveys be made to include grazing, mineral, and tim- 
ber lands as well as agricultural. That the arid lands be donated to 
the State. That early action be taken to secure the full utilization of 
the waters of the mountain streams. That authority be expressly given 
for the taxing of the property when located on Indian reservations, and 
to punish white men for offenses against the State laws when committed 
on an Indian reservation. He renews the recommendation of one year 
ago that Wyoming be re-imbursed the $8,000 expended by it in preserv- 
ing the Yellowstone National Park. 

An examination of the finances, resources, educational and industrial 
condition, and the additional grant of one-half million acres of land by 
the Government, in the act of admission, for the establishment, main- 
tenance, and support of charitable, educational, penal, and reformatory 
institutions in the various parts of the State, would seem to warrant 
the conclusion that this new sister among the States enters upon her 
changed status with every promise of prosperity and future progress. 

ARIZONA. 

The Governor gives an interesting account of this prosperous Terri- 
tory. It has an area of 113,000 square miles, and a population of 59,691 
inhabitants. Its claims to statehood are ably supported by the Gov- 
ernor. 

Its fiuancial record shows that the total taxable property is worth 
$28,050,234. But it is said that this is not over one-half or one-third the 
true valuation. The average rate of taxation throughout the Territory is 
$2.93 on the $100. The total Territorial, county, municipal, and school 
debt amounts to $3,421,688.78. The items of the Territorial debt are set 
forth in the report. It is believed that the recent act passed by Con- 
gress will enable the Territorial authorities to fund all this debt at 5 per 
cent. 

It is suggested that Arizona does not need the creation of a land 
court by Congress, but the Secretary is unable to approve the views of 
the Governor on this subject. 

The railroad mileage of Arizona is 1,093 miles. It is stated that a 
north and south railroad line through the Territory is an absolute neces- 
sity. This has already received your examination and upon it you do 
not again probably require the views of the Secretary. 

There are 701 miles of irrigation canals in the Territory, and 295,200 
acres of land irrigated. The arable land which is practicably imgable 
amounts to 5,550,000 acres. 

The Governor solicits the General Government to grant to the Terri- 
tory all the public lands within its borders for reclamation and develop- 



REPORT OF THE SECRETARY OF THE INTERIOR. XCV1I 

ment. It is claimed that where irrigated Arizona has the richest soil, 
and is the best hay and vegetable and fruit country, in the world. 

There were 200,000 head of cattle shipped from the Territory in 1889 
and the first half of 1890. 

The output of gold, silver, and copper mined in 1889 amounted to 
$4,510,343.20. 

Arizona has timber enough for home consumption for many years, 
the pine forests of the San Francisco Mountains covering 1,750,000 
acres. 

The public school system is one of the best in the Union. The value 
of school property is $280,000 ; the expenditures for schools amount to 
$143,000. The number of children between six and eighteen years of 
age is 10,700, and of these 7,000 are enrolled in 190 public schools. 

The Governor considers that the Territory should be permitted to 
select its school lands, the sixteenth and thirty-sixth sections, without 
waiting for statehood. This the Secretary recommends. 

The public buildings, all erected at Territorial expense, and all cred- 
itable structures, are the Territorial prison at Yuma, the university at 
Tucson, the insane asylum at Phoenix, and the normal school at Teuipe. 

The Governor states that the Indians are a continual menace and ob- 
struction to progress, and requests their removal from the Territory. 
As an instance of the trouble they cause, It is said that iu November, 
1889, while Sheriff Jeff Reynolds, of Pinal County, and his deputy were 
taking eight Indian murderers to their punishment they were over- 
powered and killed and the Indians escaped. The murderers have since 
been run down and captured or killed, except one. Since that there 
have been several murders by Indians. The Navajos could muster 
5,000 warriors, but they are peaceful. Otherwise they show few signs 
of civilization. 

The Papagos, Pimas, Maricopas, Yumas, Mohaves, Hualapais, and 
Supais are peaceful and self-supporting, many of them farming. But the 
Apaches of the San Carlos Reservation are dangerous and, in the Gov- 
ernor's opinion, should be removed and the reservation thrown open to 
settlement. If this is not done he thinks the reservation should be re- 
duced and the Indians disarmed. The Governor does not suggest the 
exact spot where these Indians to be removed would be entirely wel- 
come. The subject is one of great difficulty, but it is hoped the earn- 
est efforts of th.^ Commissioner of Indian Affairs will bring about soon 
a better and moro satisfactory state of affairs. Some of the Apaches, it 
will be remembered, arc already in charge of the Department of War. 
Whether it wants any more may be well questioned. 

MORMONS. 

There are 12,000 Mormons in the Territory. It is expected that they 
will people the Territory more rapidly iu the future than in the past, 
and in view of this, restrictive legislation, such as has been adopted in 
WT 90— YOL I YIJ 



XCVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

Idaho, is recommended. The Secretary calls attention now to his re- 
marks on this subject under the heading of Utah, where the subject is 
discussed. 

The following recommendations are made by the governor and ap- 
proved by the Secretary as noted: 

(1) That an enabling act for the admission of Arizona as a State be passed by Con- 
gress. 

(2) That all the public lands within Arizona be donated to the Territory, title to 
pass upon admission as a State. 

(3) That all school lands within Arizona be donated to the Territory for school 
purposes, and provision be made for the selection of good sections in lieu of bad. 

This Territory requires more than ordinary assistance to enable it to 
overcome the great obstacles inherent in its soil and surroundings, and 
with due safeguards the above requests ought to be granted. 

(4) That the Apache Indians, who are now under military surveillance on San 
Carlos Reservation, be removed from the Territory and the reservation opened to set- 
tlement. 

This is hardly practicable, for there is no place they could be placed 
without a great and reasonable resistance by the white people there. 
An Apache Indian is not a desirable neighbor; and while the good 
people of Arizoua like him not, others who have never become accus- 
tomed to him at all like him -less. 

(5) It is further recommended that all Apache Indians on reservations under mili- 
tary guard be disarmed, and that they be prohibited from the possession of rifled 
guns and fixed ammunition, and that it be made a felony for any person to sell or 
furnish the Indians such guns and ammunition under similar penalties as are imposed 
for the sale of liquor to Indians. 

This recommendation is approved. It has been necessary to keep a 
military officer as their agent for some years. Yet murders occur, and 
more than a hundred are now confined at Fort Union. It is a question 
of force, and the resistance to complete subjection to law and order 
should be made as small as possible. 

(6) It is earnestly urged that if the Indians are not removed that the limits of their 
reservation be reduced, and the mineral and coal lands on the reservation be segre- 
gated and made available. 

This is approved. But it is believed to be impossible without an out- 
break, unless preceded by disarmament. 

(7) It is requested that Congress appropriate funds for the erection of buildings to 
use in the public service in Arizona. 

(ft) It is recommended that the provisions of what is known as the "Idaho test 
oath," be made applicable in Arizona. 

(9) That the act now before Congress which provides for a fourth judge in Ari- 
zona be passed. 

(10) That the salaries of the present judges in Arizona be increased to $5,000 per 
annum. 

(11) That appropriations be made by Congress to pay the Governors and secreta- 
ries of Territories the amounts allowed them by law under section 1845, Revised Stat- 
utes of the United States, 1878. 



REPORT OF THE SECRETARY OF THE INTERIOR. XCIX 

(12) That the pay of legislators in Arizona be increased to $10 per day. 
(IX) That Congress appropriate a reasonable sum for artesian well-boring in tho 
Territory. 
(14) That all public lands within the Territory be Surveyed, 

The requests from 7 to 14, both inclusive, are submitted upon the very 
able arguments of the Governor, who, the Secretary believes, is exceed- 
ingly well qualified to determine what the Territory most requires. 

NEW MEXICO. 

The Governor submits an extended and interesting report, conveying 
much valuable information in relation to the Territory. 

The unsettled condition of titles to Spanish and Mexican land grants 
is discussed by the Governor as the matter of paramount consideration 
and importance to the people. But it is not deemed necessary to here 
dwell upon the subject, as the earnest efforts of the administration for 
the establishment of some competent tribunal to adjudicate these ques- 
tions has resulted in the consideration by both houses of Congress of 
bills for the establishment of United States land courts for this purpose. 
It seems probable, and it is greatly to be desired, that an act may be 
passed before the close of the present Congress. 

Keferring to the feeling of extreme disappointment of the people on 
account of the failure of Congress to act favorably upon their applica- 
tion for admission to the Union as a State, the Governor says this 
feeling has been heightened by the recent admission of other Terri- 
tories. Meanwhile, he states, the people have been proceeding in a dig- 
nified manner to arrange every preliminary that could possibly be re- 
quired for admission. The constitutional convention which prepared 
a constitution in September, 1889, was reconvened on August 18, 1890, 
and during a session of three days perfected, by amendments, the con- 
stitution for submission to a vote of the people on October 7, 1890. 

The census shows the population to be 144,862. The Governor esti- 
mated that it would amount to 180,000. The total registered vote in 
1888 amounted to 42,871, which shows a larger proportion of voters to 
population than in the east, due naturally to the large number of 
miners and others without families. 

PUBLIC LANDS. 

During the fiscal year surveys upon Government land were approved 
and work was executed to the extent of 581 miles. The work has been 
limited by the insufficiency of the appropriation. 

The surveyor-general recommends that a tract on the Upper Pecos, 
principally composed of mountains intersected by canons, and admira- 
bly adapted for the purpose, be set aside as a national park. This 
recommendation is most heartily concurred in by the Governor, and is 
approved by the Secretary. 

The Governor urges that if the Territory is not to be promptly admit- 



C REPORT OF THE SECRETARY OF THE INTERIOR. 

ted an act should be passed giving her immediate possession of the 
school lands now reserved from entry that are unoccupied, as there is 
more urgent need for such aid now than will probably exist later. 

IRRIGATION. 

As in other Territories, there are in New Mexico vast areas of arid 
land which can only be redeemed for cultivation by irrigation. The 
total rainfall at Santa Fe, where the only signal office of the Territory 
is located, was during 1889 only 7.89 inches, and this is said to be 2 
inches more than the average. If all that territory over which the 
average rain-fall is less than 20 inches is rightly classed as arid, an 
enormous body of land in New Mexico can be reclaimed only by arti- 
ficial means. 

A large number of companies have been incorporated during the 
past year for irrigation, and those already in operation are producing 
most satisfactory results in the estimation of the Governor. One 
company has started, he mentions, a model farm, and has forty varie- 
ties of crops growing in perfection on laud which only a year ago was 
part of a vast cattle range. Such evidence demonstrates the vast pos- 
sibilities of the future of that region once styled the " American 
Desert." 

The subject of irrigation and reservoirs is elsewhere discussed by the 
Secretary in this report. 

AGRICULTURE AND HORTICULTURE. 

The Governor states that the crops of all kinds are fully up to the 
average and the acreage has been increased. Yet sufficient grain or 
vegetables is not raised to supply the home demaud. This presents a 
great inducement for farming and gardening on irrigable lands. The 
valleys of New Mexico seem to be specially adapted to fruit trees and 
vines, and the fruit produced is of excellent size and beauty. Foreign 
varieties of grapes and other fruits, and almonds, are found to here 
come to perfection. It is estimated that the Territory will ere long 
take high rank as a fruit-growing country. 

STOCK RAISING. 

Times have become better for the cattle industry. Pasturage has 
improved; buyers are plentiful, and prices advance. Sheep raising is 
one of the most prosperous industries in the Territory. The passage 
of the tariff bill has greatly enhanced the price of wool, and the local 
demand for mutton has increased the value of the flocks. It is said 
the wool clip for this year will amount to 10,000,000 pounds. 

MINING. 

The prospects of the mining industry are reported to be very bright, 
and the stimulus given to this industry by the tariff and silver legisla- 
tion of the present Congress is resulting in the re-opening of silver and 



REPORT OF THE SECRETARY OP THE INTERIOR. CI 

lead mines which have heretofore been abandoned. The value of gold, 
silver, copper, and lead mined in 1889 exceeded $4,000,000. Increased 
railroad facilities will develop a great many other mines now inacces- 
sible for transportation. The lumber industry is very prosperous and 
forests of great value cover portions of the Territory. 

SCHOOLS. 

There is a gradual improvement in the public schools. The Governor 
states that the vant of a school fund is severely felt. Sufficient En- 
glish-speaking teachers can not be secured for the small salaries payable 
from the current tax. For this reason he urges that they should have 
immediate possession of the school lands. 

INDIANS. 

The Governor gives a very interesting report of the Indians upon 
the several reservations, showing the prosperity and progress made by 
these tribes, especially the Pueblos and Navajos. Several fine schools, 
one at Santa Fe and the Government training school at Albuquerque, 
are doing excellent work in educating the Indians. In the latter, which 
accommodates over two hundred children, farming, carpentry, cooking, 
shoe and harness making, tailoring, sewing, laundry-work, and general 
house- work are taught. There are a number of other good Indian 
schools in the Territory. Agricultural and industrial pursuits are be- 
ing conducted with considerable success upon the reservations. 

BUILDINGS. 

The capitol and the penitentiary are the only Territorial public build- 
ings which are in a completed condition. The last legislature made pro- 
vision for founding five new Territorial institutions as follows : The Uni- 
versity of New Mexico at Albuquerque, an agricultural college and 
agricultural station at Las Cruces, the New Mexico School of Mines at 
Socorro, and an insane asylum at Las Vegas. 

The only one of these yet in operation is the agricultural college and 
experiment station, which receives an appropriation from the Govern- 
ment. The importance of this experiment station is clearly shown by 
the Governor. The observations taken and experiments made in agri- 
culture and horticulture will be of especial value by reason of the pecu- 
liar natural condition of New Mexico as to altitude and climate. 

governor's palace. 

Among all the buildings in the United States, the Governor states, 
few possess so much historic interest and value as the Governor's Pal- 
ace. For nearly three hundred years it has stood as the living center 
of everything of historic importance in the Southwest. It is older than 
the settlement of Jamestown and Plymouth, and through all these years, 



CII REPORT OF THE SECRETARY OF THE INTERIOR. 

under Spanish, Pueblo, Mexican, and American control, it has been the 
seat of power and authority. The ravages of time have made inroads 
upon the building and Congress has recently made an appropriation to 
aid in repairing and restoriug it. It is now within the jurisdiction of 
the Department of the Interior, and the Secretary recommends it to the 
most favorable consideration and care of Congress. 

UNDEVELOPED RESOURCES. 

The undeveloped resources of this Territory will in the near future 
yield large returns to enterprise and labor. Great pine forests, the 
fertile wheat lands of the northern valleys and the broad acres adapted 
to alfalfa and other grasses, and especially to oats, which is said to be 
of a very superior quality, weighing from 34 to 40 pounds to the bushel, 
must sooner or later be changed into lumbering camps and farms. 

There exists in New Mexico this strange and anomalous condition, 
that although wheat, corn, oats, alfalfa, and fruits of almost every variety 
could be raised in great abundance and of most excellent quality, the 
people actually buy large quantities of all these products in other 
markets. The Governor estimates that the amount paid annually by the 
people for these few staple articles which could be profitably raised at 
home is over $1,200,000. 

Public attention being drawn to these facts, the remedy will come 
with time and with the increase of population by immigration. 

UTAH. 

The population of Utah, as found by the census just completed, is 
206,498, an increase of 62,535 since 1880, or about 43.44 per cent. 
From the Governor's report, it appears that from 1881 to 1889 the popu- 
lation increased 16,094 by Mormon immigration. Recently this has 
been chiefly from Scandinavian countries. The average annual immi 
gration of this character is about 1,800, and is largely of the class of 
assisted immigrants. The increase in the value of property of cities 
and towns over 1889, as shown by the assessment rolls, is 139.6 per cent., 
while the increase of indebtedness of the same is only 27 per cent. 

The total assessed value of property, real and personal, was in 1889, 
$51,917,312, and in 1890 $104,758,750, showing an increased assessed 
valuation of $52,841,421, or more than 100 per cent, during the year. 

PUBLIC LANDS. 

The acreage and settlement of public lands from the opening of the 
land office in March, 1869, to the 30th of June, 1890, amounted to 
21,193,325 acres. The Governor again calls attention to the vast 
amount of unoccupied land, amounting to 31,000,000 acres, owned by 
the Government in the Territory. Under the law of October, 1888, sites 
for reservoirs have been reserved on which water may be stored to be 



report of the secretary of the interior. cm 

used for agricultural purposes, and it is anticipated that by means of 
artificial methods a fair amount of land maybe reclaimed. Much of 
the unoccupied land can not be used profitably for other than grazing 
purposes, and the people of Utah are interested in raising horses, cat- 
tle, and sheep. Having spent large sums in improving their live-stock, 
they are anxious to have the Government take some action that will 
enable them to acquire title to the grazing lands, or at least secure their 
use to them. 

This question is of growing importance with each succeeding year. 
There seems danger that the natural grasses on the unoccupied lands 
may be destroyed. With the destruction of such forage plants the land 
will cease to have any value. The Governor therefore recommends that 
the title to unoccupied lands be vested in the Territory, the proceeds 
arising from the sales to be used for the improvement of the water sup- 
ply, or as an endowment for the public schools ; and, in any event, that 
the General Government should take some action that will enable the 
people to secure title to the grazing lands. 

Under present conditions, the title being vested in the Government 
they are looked upon as lands which may be used by any one, and the 
man who to-day finds a place to feed his cattle, may be to-morrow sur- 
rounded by other men with cattle, and in a short time the forage which 
would supply a limited number is completely destroyed. This situa- 
tion also aggravates the existing bitter antagonism between the sheep 
and cattle interests, and is proving a blight to them and to the Terri- 
tory itself. It is predicted that unless something is done by the Gov- 
ernment to protect the grazing lands, and to provide adequate protec- 
tion to those engaged in raising live stock, this valuable industry will 
soon be practically destroyed. 

SCHOOL LANDS. 

The total grant to the Territory of school lands is 46,080 acres. The 
water supply having been appropriated for use on lands cultivated by 
settlers, when the school lands are offered for sale there will be no water 
to use upon them, and this will render the greater part of them prac- 
tically valueless. It is suggested that the grant should be increased and 
the legislature should be authorized to take some action respecting the 
sale of lands already granted. 

IRRIGATION. 

The question of irrigation is receiving, as it demands, a great deal of 
attentive consideration by the people, as some artificial method must 
be employed to water the lands until a change of climate alters 
the natural conditions. The water supply in these arid regions is de- 
rived from the rivers which have their source in the heart of the great 
mountain ranges. They are fed by the melting snows and find their 



CIV REPORT OF THE SECRETARY OF THE INTERIOR. 

way to the valleys below through deep canons. The water is 
diverted from these eaiion streams at or near the mouth of the canon 
by means of canals and spread over the land. 

PUBLIC BUILDING. 

The demand for a public building for Federal offices at Salt Lake 
City is again urged, as a measure of economy, and for the protection of 
the public records. 

The Goveruor recommends that the old capitol building at Fillmore 
be given to the Territory, as it is gradually falling into decay, and con- 
tentions having arisen as to the title to the land on which it is erected, 
Capitol Square is being built upon by citizens. 

The recommendation is renewed that the convicts confined in the 
penitentiary be placed at work, and that their surplus earnings be given 
to those dependent on them, or to themselves when their terms expire. 
As matters are, the innocent families are frequently the ones who are 
punished the most. The convict is well cared for and lives in utter idle- 
ness. 

The insane asylum building is being greatly enlarged at a cost of 
$163,000, and when completed will be one of the finest institutions of 
the kind in the West. 

The Deseret University has opened under very flattering auspices, 
and the Reform School was ready for the reception of inmates last fall. 

The Industrial Home and Agricultural College, with other institu- 
tions, are mentioned favorably in the report and appear to be in a 
flourishing condition. 

INDIANS. 

In regard to the Indians, the Governor says there are about fifteeu 
hundred, remnants of former Pi-Utes, Shoshone, Pah Vants, Piedes, 
and Ute tribes, scattered through the Territory. About six hun- 
dred of them are engaged in farming and stock-raising. The re- 
mainder roam at will, having renounced their tribal relations. They 
are degraded and ignorant and are engaged in hunting, fishing, 
begging, and too often stealing. He recommends some Government 
provision for their support and care. 

Complaint is made that straggling bands of Ute Indians from the 
Uintah Reservation in Utah, the Pine Ridge Reservation in Colorado, and 
the Navajo Reservation in New Mexico, are at times permitted to leave 
their lands and are committing serious depredations upon the settlers 
of Grand and San Juan Counties. This irregularity will be corrected 
through the Indian Bureau. 

Vigorous protest is again made against the removal of the Colorado 
Utes to Utah, and attention is called to the action of the Territorial leg- 
islative assembly at its last session, asserting that the removal of the 



REPORT OF THE SECRETARY OF THE INTERIOR. CV 

Indians would work injustice and hardship to many deserving settlers, 
and that the presence of the Indians would be a menace and hindrance 
to the settlement of Utah. 

The Governor thinks Utah has its share of Indians in those on the 
two reservations already existing there. 

STOCK, MINING, AND OTHER INTERESTS. 

The live-stock industry is rapidly growing in the Territory. The 
wool clip for 1889 is estimated at 11,575.000 pounds ; sheep exported at 
260,000, and c ittle exported at 30,000. Extensive stock-yards are 
about to be established at Salt Lake City, and also packing-houses. 

The mining industry has, it is claimed, been to a large extent the 
basis of all the real prosperity which has come to the Territory. The 
past year has been a very successful one to the miners, and many im- 
portant discoveries have been made in the differeut mining camps. 

The passage of the silver bill by Congress has had a most stimulating 
and beneficial effect. The yield of gold, silver, lead, and copper since 
1878 has amounted to $78,495,045.40. The yield in 1889 was $8,830,- 
080.50. A comparison of the yield of 1889 with that of 1878 shows an 
increase of over 73 per cent, in eleven years. About 60 per cent, of the 
amount is expended in the Territory for labor and supplies, affording a 
home market for surplus labor and products. 

The report gives the following graphic description of the great man- 
ufactories of salt in the Territory : 

The production from the waters of the Salt Lake, by evaporation, was commenced 
by the first settlers in the Salt Lake Valley. Since then the industry has grown to 
quite large proportions. Along the shores of the lake salt farms have been takeu up. 
These farms are divided into blocks of 2 or more acres. A hard bottom is prepared 
and the salt water is run in to the depth of about 6 inches. Because of the dry atmos- 
phere the salt crystallizes rapidly. As soon as a surface of salt is formed the water is 
drawn off, and, .after a day or two, the salt is gathered into piles and is finally shipped 
to the mining camps, where it is used for ckloridizing ores, and to points east and 
west. When the crude salt is refined it makes a superior article of table salt. The 
price of the crude salt now ranges from $1 to $2 per ton, but the price is being re- 
duced by competition. The waters of the lake are about 18 per cent. salt. 

The general business prosperity which commenced some two years 
ago has continued until now it has reached nearly all the central and 
northern counties. Millions of dollars have been invested in real es- 
tate and an era of building has succeeded. Vast beds of coal, iron, and 
other minerals only await development, and the steady tide of immi- 
gration and influx of capital indicate that they may soon be developed 
and utilized. 

FINANCES. 

The finances of the Territory are reported to be in a healthy condition 
as the result of this prosperity, which is expected to continue. 

A bank statement, from a number of banks reporting the condition 
of their business June 30, 1890, as compared with the same date 1889, 



CVI REPORT OF THE SECRETARY OF THE INTERIOR. 

and including fifteen new banks reporting, shows an increase of capital 
of 61.1 per cent., and increase of deposits of 62.7 per cent. The capital 
June 30, 1890, was $3,951,530 and deposits $9,572,286.45. 

RAILROADS. 

There are now 1,183 miles of railroad in the Territory and additional 
lines in process of construction. Over the Union Pacific lines above 
777,971,796 pounds of freight have been carried during the past year, 
and over the Eio Grande Western 765,004,000 pounds. 

SCHOOLS. 

The last legislative assembly passed a public-school law which the 
governor applauds as a patriotic act. By this law the schools have 
been made free and have been classified. A provision has been adopted 
favoring compulsory education, but, as the Governor states, not so as to 
be effective. The different changes are set forth at length in this 
report. The following, in this connection, is deemed worthy of exact 
quotation, as expressing the Governor's opinion: 

AVitb a free-school law in force throughout the Territory, the necessity for the 
schools established by the different religious denominations opposed to Mor monism 
will gradually cease. 

These schools have performed a valuable work. At a time when the district schools 
were under Mormon control and Mormon history and doctrines taught in them, they 
afforded the non-Mormons the opportunity of having their children educated under 
different and better influences. 

But denominational schools are opposed to the principles upon which our Govern- 
ment was established, and the non-Mormons will be glad to see the day come when 
the last one will have closed its doors forever. 

I know of no reason why I should qualify the opinion previously expressed, that 
the Mormon Church has determined to and is now engaged in the work of establish- 
ing church schools throughout the Territory. The number of these schools is being 
gradually increased, with but one object in view, that of teaching their children the 
principles of their religion as a part of their education. 

The Governor again urges that the appointment of selectmen, clerks, 
recorders, superintendents of district schools, and assessors by the 
Federal Government is the only way to effect a permanent and thor- 
ough reform in the municipal and county governments. He thinks it 
absolutely necessary that some such action should be taken to secure 
a population in sympathy with the Government. Under the present 
system the Mormons are in control in a great majority of municipal 
subdivisions, and apostasy from Mormonism involves loss of friends, 
oppression, and many hardships. A bill reported by Senator Edmunds 
is thought to embrace a portion of the desired legislation. 

POLITICAL. 

Salt Lake City and Ogden, the two most important cities in the Ter- 
ritory, were carried by the Liberal party (non-Mormons) in the elec- 
tions for members of the legislature in 1889, and for municipal officers, 



REPORT OF THE SECRETARY OF THE INTERIOR. CVII 

in February, 1890, and are now under non-Mormon control. The same 
result followed the elections for school trustees in July, 1890. 

At the general election in August, 1890, for county officers, the Lib- 
eral party carried only four counties and the People's party (Mormon) 
carried twenty-one. The governor thinks Congress should interpose 
with proper legislation. 

While, he says, it may be true that no specific orders emanate from 
the church, directing the people in their political action, in other ways 
its iufluence is strongly effective. Subserviency to the leaders of the 
church, and blind faith in them by orthodox Mormons, subject both 
their thought and action to their leaders. Some improvement in this 
regard is being made by contact with other sects, through commercial 
relations, but the constant appeals of their leaders for Mormon unity 
still welds together the larger body of them. 

The non-Mormons of Utah urge that they should have the benefit of 
a law similar to that passed by Congress for Idaho, which, in the bill 
providing for the admission of the State, made what is known as the 
u Idaho test oath" a part of the election law of the new State. They 
ask for the passage of the Cullom or Struble bill, and also the bill re- 
ported from the Judiciary Committee of the Senate by Senator Ed- 
munds. 

The Governor's report is dated September 9, 1890, and at that time 
he states the that Mormons publicly claim that the church does not 
now sanction plural marriages, but at important meetings held under 
the auspices of the church, resolutions have been adopted vigorously de- 
claring their intention to remain true to the old faith with all its teach- 
ings and practices ; and that it is still generally believed by the non- 
Mormons that polygamous marriages are being entered into under the 
secret sanction of the church, which has been driven to such methods 
by the effective enforcement of the law. 

Since the period at which the Governor wrote, however, great changes 
have taken place in the professions of the Mormons and the public 
declarations of the Mormon Church. There was handed to the Secre- 
tary of the Interior by John T. Caine, Delegate to Congress from Utah, 
a written communication of October 1, 1890, in which attention was 
called to the following declaration of Wilford Woodruff, president and 
highest authority of that church : 

Salt Lake City, Utah, September 24, 1890. 
To whom it may concern : 

Press dispatches having been sent from Salt Lake City, which have been widely 
published for political purposes, to the effect that the Utah Commission, in their 
recent report to the Secretary of the Interior, allege that plural marriages are still 
being solemnized, aud that forty or more such marriages have been contracted in 
Utah since last June or during the past year; also, that in public discourses the 
leaders of the church have taught, encouraged, and urged the continuance of the 
practice of polygamy : 

I, therefore, as president of the Church of Jesus Christ of Latter Day Saints, do 
hereby in the most solemn manner declare that the charges are false. We are not 
teaching polygamy or plural marriage, nor permitting any person to enter into its 



CVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

practice ; and I deny that either forty or any other number of plural marriages have, 
during that period, been solemnized m our temples or in any other place in the Ter- 
ritory. 

One case has been reported in which the parties alleged that the marriage was per- 
formed in the Endowment House in Salt Lake City in the spring of 1889, but I Lave 
not been able to learn who performed the ceremony. Whatever was done in this 
matter was without my knowledge. In consequence of this alleged occurrence the 
Endowment House was by my instructions taken down without delay. 

Inasmuch as laws have been enacted by Congress forbidding plural marriages, 
which laws have been pronounced constitutional by the court of last resort, I do 
hereby declare my intention to submit to those laws and to use all my influence with 
the members of the church over which I preside to have them do likewise. There is 
nothing in my teachings to the church or in those of my associates, during the time 
specified, which can reasonably be construed to inculcate or encourage polygamy, 
and when any elder of the church has used language which appeared to convey such 
teaching he has been promptly reproved; and I now publicly declare that my advice 
to the Latter-Day Saints is to refrain from contracting any marriage forbidden by 
the laws of the land. 

Wilford Woodruff, 
President of the Church of Jesus Christ's Latter Day Saints. 

Mr. Caine added in his letter that this declaration was entitled to 
great weight in any consideration that might be given the subject, and 
seemed indeed conclusive and "the very result at which the Govern- 
ment has been aiming so long." 

In the conversation which took place when this letter was delivered, 
it was objected that Mr. Caine and the president of the church would 
have to meet the specification of forty cases with more than a general 
denial, and that the president was without authority to change the 
doctrines of the church; that this belonged, if to any, to the high 
council or general conference. 

Mr. Young, Mr. Cannon, and Mr. Caine have, with some others, 
presented the claims of their church to confidence and favor. 

After the conversation with Mr. Caine there followed (October Gth) 
a general conference of the Mormon church, and the proclamation above 
set forth was unamimosly ratified. Addresses were there made to the 
people on the subject by the president and leading apostles. The news 
paper reports of these addresses furnished b} 7 the governor are annexed 
and should be read in connection with the proclamation. [Appendix D.] 

What is expected because of these proceedings, is, no doubt, a re- 
moval of the Utah Commission ; the preservation of the elective fran- 
chise to the members of the church in all the States and Territories, where 
they may be and a test oath may be required of them ; a restoration of 
the property of the church ; and possibly the admission of Utah to State- 
hood with or without a test oath against polygamy. The present laws 
should not, however, be changed on these professions alone. These can 
be unmade by the same body that has made them. The "revelation" 
sanctioning polygamy remains unchanged. The mormons, by their 
works, must prove their declarations to be made in good faith, aban- 
don polygamy, and conform to the practices of our people in social 
and home life, acknowledge and prove their allegiance to the United 



REPORT OF THE SECRETARY OF THE INTERIOR, CIX 

States Constitution by obedience to the laws made pursuant thereto 
by a loyalty equal in time and strength to their past disobedience. The 
present system of laws against Mormon practices has been constructed 
by legislative wisdom, sanctioned by judicial decree, and enforced by 
the Chief Executive of the nation. Its object is not attained by secur- 
ing a proclamation of obedience from those who have so long resisted 
it. Its purpose will be accomplished only when the opposing system 
shall have lost its power, even if it regains the will, to work the evils of 

the past.* 

Utah Commission. 

At the summer session held after the August, 1889, election, provision 
was made for Salt Lake City election to be held February 10, 1890, by 
appointing a chief registering officer and seven assistants, and issuing 
a circular to guide them in their duties. Upon complaint of irregulari- 
ties practiced by those officers, the Commission held a meeting at 
Salt Lake City on the 10th of December, 1889. After a full hearing, the 
Commission rendered its decision on December 19, acquitting the officers. 

Instruction was given also that equal facilities be given all legal 
voters for registration ; that the registrars might inquire diligently and 
reasonably in any legitimate mode as to persons maintaining the po- 
lygamous relation, and on other preliminary questions they should 
accept the affidavit of the voter; a refusal to be at their own risk of 
showing the falsity of the affidavit. The registrars were cautioned that 
in the exercise of these functions they acted judicially, and as there 
would be probably no redress for a wronged voter, justice should be 
most carefully administered. 

The Commission, on January 20, 1890, again convened at Salt Lake 
City, and complaint was then made* that the registrars refused inspec- 
tion of the registration oaths. The registrars answered that this action 
was necessary to enable them to compare the signatures with names 
entered on the books to be used by the judges of election, and in this, 
as a discretionary power of their office, they were sustained. 

Pending these proceedings application for mandamus was filed in the 
United States district court by some of the refused voters against two 
of the registrars, asking that the names of plaintiffs might be placed 
on the registration lists. On the 18th the court decided against the 
complainants. 

There has arisen a difference of opinion relative to the legal meaning 
of the term polygamy, which it is believed should be settled by legisla- 
tion. The Commission lias been of the opinion that if the plural wife 
has died or been legally divorced, or there has been an open and noto- 
rious separation, that the polygamous status of the husband is at an 
end. But others hold that once a polygamist always a polygamist until 
amnestied by the president. 

* There are other facts and comments to be found in the report of the Utah Com- 
mission, next following, and in the reports of the governors of Arizona, New Mexico, 
Idaho, and Wyoming, 



CX REPORT OF THE SECRETARY OF THE INTERIOR. 

Some of the registrars acted upon the latter opinion. The grounds 
for these views are stated at length in the report of the Commission. 

They also make the following statements : 

The municipal election of February 10 was fair and the Liberal ticket was elected 
by from 700 to 800 majority. 

July 14, elections were held for school trustees in Ogden, Provo, and Salt Lake 
City, under the supervision of the Commission, and the Liberal party attained control 
of the school in the latter city. 

At a general election in August for commissioners to locate university lauds and 
for precinct officers the Liberals were successful in Salt Lake City. 

Since September 1, 1879, elections have been held in twenty-four cities and towns, 
at which three hundred and thirty-two municipal officers were elected. These were 
in addition to five hundred and fifty-five Territorial, county, and precinct officers 
elected at the general election. 

The Commission has appointed three hundred and forty-eight registrars, eleven 
hundred and forty-eight judges of election, and issued eight hundred and eighty- 
seven election certificates. 

The numbers of registered voters in Salt Lake City and in the Territory are given 
in the report. 

When the Commission took charge of the " Industrial Christian Home Association" 
there was a building under way which has now been completed and partially fur- 
nished as a large and commodious brick building for the occupancy of " dependent 
women who have renounced polygamy, and the children of such women of tender 
age ; women and girls with polygamous surroundings, in danger of being coerced 
into polygamy ; girls of polygamous parentage anxious to escape from polygamous 
influences, and women and girls who have been proselyted elsewhere and removed 
into the Territory in ignorance of the existence of polygamy." However, but few of 
these classes have availed themselves of this generous offer. 

If the Mormon Church would declare against polygamy there is little doubt but 
that the people would generally accept the declaration as binding upon them, but 
instead of doing this every effort of the Government to suppress the crime is de- 
nounced as persecution. In April, 1890, # Wilford Woodruff, a disfranchised polyga- 
mist, was chosen "Prophet, Seer, Revelator, and President of the Church of Jesus 
Christ of Latter Day Saints in all the World." In his address to the confereuce, 
speaking of the book in which the doctrine of plural marriage is found, he said: 
"This book of revelations, like other records, will go down to the end of time and 
into eternity." Other leaders talked in the same strain. 

President George Q. Cannon said, in February, 1890 : 

"The doctrine of polygamy was accepted many years ago as a revelation from God. 
That revelation stands; we can not wipe it out by a declaration of man. * * * 
Some of us believe the revelation is a command from God to take plural wives. I 
so consider it. * * * Others consider it as permissive." 

In October, 1889, one Jesperson pleaded guilty to a plural marriage, consummated 
in May, 1889, in the endowment temple in Salt Lake City. 

It is believed from the reports of registrars that 41 male persons have contracted 
plural marriage since June, 1889, and yet there are many communities where there 
are no anti-Mormons to act as registrars, and as the greatest secresy is observed it is 
probable that a very large proportion are not reported. 

There have been 220 indictments for crimes against the marital relations since 
September 1, 1889. There have been 152 convictions, 39 indictments are pending, 
202 cases have been reported to United States Commissioners, and 149 held to bail. 

The recommendation of last report for legislation is renewed. In addition it is 
recommended that the Commission be authorized to issue binding instructions to the 
registrars; that the registrars be made personally liable for any willful act of commis- 
sion or omission, and that a test oath similar to that of Idaho be prescribed. 



REPORT OF THE SECRETARY OF THE INTERIOR. 



CXI 



Since the date of this report the president, Woodruff, has proclaimed 
an abandonment of the practice and doctrine of polygamy ; and this 
has been confirmed by an order of the council or conference of the 
church. Comment and recommendations upon this subject are made 
by the Secretary upon the report of the governor of Utah, preceding 
this of the Commission. 

Mr. Cannon, referred to in the Secretary's remarks, is a son of ex- 
President Cannon, above mentioued by the Commission. 

ALASKA. 

The Governor of Alaska comments upon the difficulty of acquiring ex- 
act information in regard to this Territory owing to its vast extent and 
the small means of communication, but states that the commerce of the 
Territory is large and important and yearly increasing in volume. The 
exports consist, for the most part, of furs, skins, deer-horns, ivory, bone, 
oil, gold, silver, and other valuable ores, bullion, fish and canned products 
of fisheries, fertilizers, Indian curiosities, berries, etc. The imports are 
goods of all kinds for trade with the natives and resident whites: coal, 
lumber, machinery, furniture, provisions, material for canning, and 
other manufacturing enterprises. In the matter of the fur trade the 
Governor states that about 100,000 full-sized sealskins were taken by 
the Alaska Commercial Company during the year and that probably 
half as many more were captured at sea and stolen by poaching vessels. 

FISHERIES. 

The importance of the Alaskan fisheries in a commercial point of 
view may be gathered from the number of vessels employed in that in- 
dustry, though part of the carrying business in southeastern Alaska 
was given to the regular line of mail steamers. Excluding from enu- 
meration the steam launches, tugs, fishing-boats, and scows employed 
by the various canneries in the direct work'of taking and preparing the 
fish for market, the ships employed in transportation to San Francisco 
and ocean work were 106. 

Thirty-six salmon canneries were in operation during the year, repre- 
senting with their equipments a capital of over $4,000,000, and their 
pack amounted to the enormous number of 702,993 cases of 4 dozen 1- 
pound cans. The growing importance of the business may be illustrated 
by comparing the above figures with the results of former years. The 
record stands as follows: 



Year. 


Total pack. 


Year. 


Total pack. 


1883 


Cases. 
36, 000 
45, 060 
74, 800 
120, 700 


1887 


Cases. 
190, 200 


1884 


1888 


439, 293 


1885 


1889 


702, 993 


1886 











CX1I REPORT OP THE SECRETARY OF THE INTERIOR. 

The Governor states that the seal fisheries are not confined to the 
catch on the Pribyloff Islands, where only 100,000 are allowed to be 
taken. Of those captured by the revenue-cutters because illegally 
taken in the waters of Alaska during the year, 2,468 skins were sold for 
the sum of $24,256, and it is claimed that more than 20,000 skins were 
successfully carried away by poachers to Victoria. 

Tne importance of protecting the fishing business by appropriate 
legislation is strongly urged by the Governor. In many places the 
salmon fishing is overdone, and in many more, unwise and destructive 
methods are employed. Aside from the business interests of the white 
people, the actual subsistence of the natives is largely concerned. They 
are bound to their local resorts, fishing-grounds, and habits of their 
ancestors. They know no other way of life or means of subsistence. 

MINING AND MINERALS. 

The Governor states that attention was mainly given during the year 
to the practical development of claims already located, though a large 
number of new locations have been made. In working the quartz 
mines many of the ores are sent long distances to the smelters for re- 
duction, while in other cases the ores are piled up awaiting the erection 
of mills. 

There are thirteen stamp-mills in the Territory for crushiug ores and 
obtaining the free gold, aggregating 525 stamps. Of these the mill of 
the Alaska Treadwell Gold Mining Company, is said to be the largest 
iii the world, having 240 stamps, 96 concentrators, and 12 ore crushers. 

The ore worked by this company is of low grade, but from the con- 
venience of reduction and transportation it has yielded an excellent 
profit on the investment. Sixty tons of ore from the Silver Creek mine 
gave an average return of $200 per ton. The smelting returns show 
that the lowest grade of ore shipped from the surface workings ran 66 
ounces of silver and $4 in gold to the tou, while the first-class ore gave 
returns of 341 ounces of silver and $22 of gold. 

Of the other minerals, coal has been taken out in small quantities at 
nine different places, and thus far is generally of bituminous character 
and burns freely. The deposits on the mainland have not been explored. 

PUBLIC LANDS. 

Under the statutes affecting this Territory the Governor states that 
title to public, land can not be acquired except under the mining laws, 
and this condition of affairs operates to retard very materially the de- 
velopment of the country. There is no encouragement for any one to 
make improvements of which he has no assurance that he will have the 
enjoyment. The Governor reports that a few have ventured to make 
limited improvements upon the public lands with the hope that legis- 
lation recognizing claims based upon such expenditures, and settlement 



REPORT OF THE SECRETARY OF THE INTERIOR. CXIII 

rights, would not be long delayed, and legislation to rectify this state 
of things is urgently recommended by the Secretary. 

The town of Juneau and Douglas City have attained a considerable 
size, while buildings and improvements by private individuals in other 
places also manifest the confidence felt that ultimate relief will be af- 
forded. The growth of the towns and the agricultural interests of the 
country are, however, alike dependent upon future provisions by which 
title to public land may be secured. The immense value of the terri- 
torial exports, the employment of hundreds of vessels in the carrying 
trade, the business enterprises involving the investment of many mill- 
ions of dollars, as well as those resources found sufficient to attract 
and hold enterprising citizens under conditions of uncertainity, all unite 
in the common plea for more favorable legislation in this direction. 

TRANSPORTATION AND POSTAL FACILITIES. 

The present report repeats and emphasizes the need of better postal 
and transportation facilities. The regular and distinctively public lines 
of transportation in Alaska are limited to the line of the Pacific Coast 
Steam-ship Company from San Francisco to Southeastern Alaska, and 
the small steam-tug carrying the mail from Fort Wrangel to Shakan and 
Klawak. The steamers of the coast line made twenty -nine trips last 
year, carrying the mails, and usually touching at seven places, and 
occasionally delivering freight and mails at ten or eleven places. The 
Klawak steamer touches at three places, making twelve trips, but has 
a very limited capacity for freight and passengers. The Alaska Com- 
mercial Company has accommodated those who desired passage, and 
has carried mail matter for the convenience of the isolated settlers of 
the Northwest and the cruisers in Behring Sea and Arctic Ocean. 

There are eleven post-offices served with mail within the southeastern 
district, though some of them at rather infrequent intervals, Sitka, 
Juneau, Douglas, and Wrangel receiving mails from the States twice a 
month. 

The Governor urges the claim of the Territory to better postal facili- 
ties, and bases his argument not only upon the growing business inter- 
ests of the people, but the necessities of the government in the adminis- 
tration of public affairs. 

LEGAL AUTHORITY. 

Abundant proof of the great necessity for the establishment of some 
legal authority in various localities is given by a letter from the special 
agent in charge of the Alaska division of the Eleventh Census, in 
which he says that — 

Mining camps and. fisheries attract during the summer a numerous assemblage of 
ignorant Italians, Greeks, Portuguese, and Chinese, who are easily led to excesses of 
various kinds. In four or five such locations shooting and stabbing affrays and 

INT 90— VOL I VIII 



CXIV REPORT OF THE SECRETARY OF THE INTERIOR. 

murders have occurred during the past summer, and in every case there was a total 
failure of justice owing to the absence of magistrates and the impossibility of 
reaching the court at Sitka. 

An evil of another kind can also only be suppressed by the presence of local magis- 
trates ; that is, the introduction of the vilest kind of liquor manufactured by tbe 
Chinese laborers employed at the canneries. These men bring up their own supplies 
and in this way can easily introduce any quantity of this pernicious stuff without 
detection. Nearly all of this liquor passes into the hands of the native laborers and 
of the worst element among the fishermen. The Chinese peddle this vile beverage 
openly at $3 or $4 a bottle, and so extensive is this trade that the large amount of 
coin taken up by the various establishments for paying off laborers, amounting to 
many thousands of dollars, invariably becomes locked up in the hands of the Chinese 
towards the end of the season. 

The gentlemen in charge of these large fishing establishments do their best to 
suppress the evil, but it is only in rare instances that they succeed in confiscating 
small quantities of the liquor, which they do not even dare to destroy for fear of 
strikes on the part of the Chinese employes and injury to their business. 

The number of this class of population during the summer season I estimate as 
follows: 

At the canneries of Nushegak, on Bristol Bay, about 350 whites and over 400 
Chinese : at the canneries on the Alaska Peninsula, about 200 whites and 300 
Chinese; at Karl uk, about 600 white men and nearly 800 Chinese ; at the canneries 
of Cook Inlet, about 150 whites and 200 Chinese ; at the Prince William Sound and 
Copper River canneries, about 150 whites and 200 Chinese. 
Very respectfully, 

Ivan Petroff, 
Special Agent in Charge of the Alaska Division. 

CONDITION OF THE NATIVES. 

The Governor's report on the condition of the native population is a 
very full and interesting paper, embracing much valuable information 
with respect to the different race-characteristics and customs of the 
various tribes, as well as those changes in their condition which have 
been brought about through contact with the white settlers, and closes 
with a renewal of the former suggestion of Government aid in the 
establishment of a hospital for the treatment of certain prevalent 
diseases which threaten the ultimate extinction of the native popu- 
lation. 

EDUCATION. 

Fourteen Government day schools have been in session during the 
year, eleven of which were attended exclusively by natives. The work 
of these schools is reported to be measurably satisfactory, though the 
attendance is not as full and regular as could be desired, and to remedy 
this evil the Governor again suggests a mildly compulsory system. 

In addition to the above schools the Commissioner of Education has 
entered into contract for Government assistance of schools under the 
care of ten different missions. 

Twenty-two other schools in connection with missions were main- 
tained without Government aid ; seventeen of these schools were under 



REPORT OF THE SECRETARY OF THE INTERIOR. CXV 

the mission work of the Graeco Eussian Church. The Alaska Com- 
mercial Company, in accordance with their contract with the Govern- 
ment, maintain schools on St. Paul and St. George's Island, and these 
with the two homes for children under control of the Presbyterians at 
Juneau and Howcan, make the total number of schools forty-eight. 
Several new Government schools are under consideration. 

MISSIONS AND CHURCHES. 

The Graeco-Eussian church has been established in Alaska for many 
years, and has been an active force during the latter part of its exist- 
ence, especially among the Sitka tribe of Thlinkets and the Aleuts. 
It has at the present time twelve churches, with resident ordained 
priests, sixty-seven chapels in charge of unordained assistants, seven- 
teen parish schools, and about twelve hundred members within the 
Territory. 

The mission movement began in 1878, except in the case of the 
Eussian church, and there are now missions maintained by thirteen 
different denominations. The native Presbyterian church at Sitka 
numbers about three hundred. The industrial training school has one 
hundred and seventy students and twenty-one teachers. 

The assertion sometimes made that mission work among the Alas- 
kans is not productive of any good result is, not borne out by the facts. 
The Governor says that the improvements in the lives of the children 
is reflected in a measure by the family, and that the missionaries and 
teachers can always be relied upon for co-operation in the work of the 
civil government. 

REPRESENTATION IN CONGRESS. 

The Governor states that the people exhibit strong feeling upon the 
subject of having a delegate to represent them in the National Congress, 
and submits a copy of correspondence between himself and residents 
of the Territory to show the urgency of the demand. 

SUMMARY. 

The Governor's report closes with a statement of the more pressing 
needs of the Territory ; his recommendation to remedy which is heartily 
concurred in by the Secretary. 

(1) Provision for acquiring title to the public lands. 

(2) The adoption of a townsite law. 

(3) The definition of citizenship and qualification of voters as preliminary to future 
legislation authorizing elections. 

(4) An extension of mail facilities. 

(5) The establishment of hospitals and provision for supporting insane paupers. 

(6) A steam vessel should be furnished for the use of the civil officer in the 
administration of public business. 



CX VI REPORT OF THE SECRETARY OF THE INTERIOR. 



YELLOWSTONE NATIONAL PARK. 

In the previous portion of this report relating to the public lands, 
the great importance of protecting the forests was dwelt upon at some 
length. Those in the Yellowstone National Park are composed in large 
part of great trees ; the area of the woods is far-reaching, 83 per cent, 
of the 3,400 square miles being timbered, and the head-waters of some 
of the greatest rivers rise within its borders in the west. The loss of 
these forests would be disastrous to the vast valley-lands that the rivers 
irrigate and their preservation is alike necessary for the beauty and 
grandeur of the park and the safety of the lower valleys. 

In regard to this it is necessary to state that during the last year 
the forest fires were more disastrous, as stated by the Superintend- 
ent in his report, than ever before known in the history of the park. 
Seventy fires occurred. One between the Yellowstone and Shoshone 
lakes was supposed to have been started by lightning; it became 
unmanageable and burned itself out. Another started south of the 
park and burned its way inward; aud a third, a disastrous fire, was, it 
is said, the result of the grossest carelessness, taking a wide range and 
being controlled only by the greatest labor. The troops are reported 
to have worked day and night in the extinguishment of these different 
fires, and have no doubt had a severe experience in such service. There 
can be no blame for these disasters attached to either the Superintend- 
ent or the Department. The force under him is fouud to have been 
well trained and faithful, and when the Superintendent was here last 
spring, in anticipation of the trouble now detailed he was supplied with 
all he demanded at the time for battling with such conflagrations. 

He recommends that to avoid these catastrophes there should be reg- 
ular camping grounds established where campers should be required 
to stop, and also that there should be supplied two water tanks and the 
necessary draught animals for conveying the water to the locality of tbe 
fires to extinguish them, as water only can when it gets into the roots 
of the trees. Since his regular report, the Superintendent has written 
the Secretary that the last year's experience has been of great value to 
him in the matter of handling campers, and that all who have come 
within the park have been thoroughly instructed in the matter of mak- 
ing and extinguishing their fires, and that the park has passed through 
the ordinary season this year with no fires traceable to them. It should 
be remembered also that much sentiment is attached by our people to 
this and other parks, and that they rejoice in the pleasures derived 
from visits to them and are quick to condemn any severe losses they 
may there observe. 

The rental obtained from such leases as the Secretary is authorized 
to make and other sources of income produce but a small amount of 
money to protect this very valuable property, and Congress would do 



REPORT OF THE SECRETARY OF THE INTERIOR. CXVII 

well, in the Secretary's opinion, to be more liberal in its appropriation. 
The present system of having- a military officer and a company of cav- 
alry detailed to take immediate charge of the park is probably the best, 
and should be applied to the different parks coming under the control 
of the Department of the Interior, and the money which would other- 
wise have to be paid to a civil superintendent could be well turned to 
the preservation of the woods, the animals, and the feeding-grounds. 

WILD ANIMALS. 

It is a standing order of the Department that none of the animals or 
birds in the park shall be killed or destroyed in their haunts. Anyone 
using fire-traps or other means of destruction, or introducing them into 
the park, is required to be immediately ejected on proof of his offense. 
This rule has been almost universally observed, and but few attempts 
have been made to violate it, the result of which protection has been 
that the animals and birds have become, it may be said, half tame. 
The buffaloes, however, break into small bands and seek the fastaesses 
of the mountains where they multiply, so that in the future large 
herds may be expected. Had not this park been established at the 
time it was it is probable that this whole remnant of the vast herds 
that once covered the plains would have been destroyed, and scarcely 
a living specimen of the millions of this animal that existed but a short 
time ago been left in its native range. 

The report that a band had left the Park and were being slaughtered 
on the outside by hunters was immediately followed up and is believed 
to have been entirely unfounded. Herds of elk are to be seen in the 
winter, numbering several thousand. During the summer the Pai*k is 
visited by a great number of these animals. The deer are driven to 
the highest elevations by the flies, and many thousands of our people 
leave the Park believing possibly that it has no such herds as really' 
exist, if it possesses even a single specimen. The Superintendent sug- 
gests that a band of elk should be, at small expense, fenced in at Sylvan 
Lake Valley, and a herd of buffalo at Hayden Valley, as a showing of 
what the Park contains. 

It has followed from the total prohibition of the use of firearms and 
the provision of the law that prohibits killing any of the animals there, 
that the bears and pumas have greatly increased, and as they find their 
natural prey in the buffalo, elk, and deer, they probably kill some of 
the calves and fawn. The Secretary has hesitated to order the destruc- 
tion of the bear and other beasts because of the prohibition contained 
in the law, and the general demoralization that would take place if 
hunters were allowed to go through the Park for any purpose whatever. 
In another year it may be that orders should be given to the Superin- 
tendent to use his military force for this purpose, under strict instruc- 
tions as to the duty to be performed. It is not believed that at present 
any great harm is being done by having these animals preserved, and 



CXVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

it may be that a number of them could be well disposed of by being 
transferred alive to the zoological gardens at Washington or elsewhere. 
It is a subject that will demand consideration when the question really 
requires solution. * 

FISH. 

Last year the Fish Commission planted 7,000 young trout above the 
falls in Gardner River, Gibbon JKiver, and Fire Hole River, and, as the 
Superintendent writes under date of August 31, two car-loads of trout 
had been planted in the Shoshone and Lewis Lakes, and another was 
about to arrive for those waters and the Fire Hole, and it was expected 
before the close of the season nearly all of the barren waters of the Park 
would be stocked, and in about three years there would be line fishing 
everywhere. As is well known, some of the trout in Yellowstone Park 
are infested with worms. A very suggestive letter to the Superintend- 
ent, Captain Boutelle, U. S. A., has been written on the subject by Prof. 
Edwin Linton, who visited these waters in connection with Prof, S. A. 
Forbes during the past summer. Professor Liuton makes the sugges- 
tion, to which, however, he does not commit himself entirely, but the 
Secretary begs leave to present it as a very interesting subject of in- 
vestigation and speculation. It is that the larva infesting the lake- 
trout is non-sexual and corresponds to the parasitical animal in the 
common pork tape-worm, and as the sexually mature animals of the 
same genus as the larva found in the trout infest also the trout-eating 
pelican which frequents the lake, the animal would die in the fish if it 
were not allowed to mature in the bird. 

rl the language of the professor, this larva corresponds to — 

The. fl measles" of pork in the life of the common pork tape- worm, which reaches 
its adult condition in man. The parasite of the trout belongs to the order of worms 
that needs two different animals in which to complete the cycle of life. My search, 
after making some further examination of the trout themselves, was, therefore, for 
some animal that eats the trout, uncooked, and in which I could find a worm in the 
intestine, sexually mature, which would correspond with the immature form in the 
tront. I have examined some of the fish-eating birds that occur on Yellowstone Lake 
and find good evidence that the pelican is the final host of the parasite which infests 
the trout. I shall need to make a more careful examination of the material I have 
collected than is possible with my present appliances before I can publish it as cer- 
tain that this is the true state of the case. 

I may say, however, that I have found an intestinal parasite, sexually mature, 
with eggs, in the pelican, which belongs to the same genus as the immature form 
occurring in the trout, furthermore, collateral evidence alone makes out a very 
strong case against that bird. I found that the stomachs of the four pelicans I ex- 
amined contained partly digested remains of fish, evidently average sized trout from 
the lake. The pelicans were shot on Molly Island, in the southeast finger of the 
lake, where they have a breeding-place and resort in large numbers. The pelican is 
the only fish-eating bird I have seen in any numbers on the lake. I am informed 
that it eats fish that have been left on the shores of the lake. The parasites occur in 
the same fish often of very different sizes, from a small cyst no larger than a small- 
sized shot, to larvae in the muscular tissue a foot in length. 



REPORT OF THE SECRETARY OF THE INTERIOR. CXIX 

Certainly very strong established scientific data will have to be found 
before the bird is destroyed to save the fish, and, after all, it may be 
as difficult a matter to exterminate the pelican, with his wide range of 
breeding country outside the lake, as it would be to annihilate the fish. 
It is understood the worm-infested trout is confined to a very limited 
and well defined region of the waters. 

ROADS. 

Sixteen miles of new road, principally in Gibbon Canyon, were con- 
structed last year by the Engineer Corps. The appropriation bill for 
the next year requires the work to be done by contract. The Superin- 
tendent suggests that, owing to the rough character of the country, 
breaks in the roads not to be anticipated by contract are continually 
occurring requiring repairs, and the work is liable to cost much more 
than under the present system. He recommends that this should, in 
preference, be continued, and as it seems a reasonable recommendation 
it is approved. 

There has been a great deal of complaint during the past season as to 
the management of the transportation in the Park, and, although the 
Superintendent has expressed a most favorable opinion of Mr. Wake- 
field's ability to perform this work satisfactorily, the Secretary deems 
it best to have further investigation made. Mr. Wakefield is at present 
without authority to act independently in this business, audit is under- 
stood that he is not now working for the Park Association. It will be 
at least necessary for him to take the contract under the conditions and 
restrictions that are imposed upon all others who do business of any 
kind there. 

The hotels are reported to have been in about the same condition as 
last year. The Superintendent criticises some of them, no doubt justly; 
and notice has been sent to the Association that they must bring their 
hotels into a better condition, and prepare more suitable accommoda- 
tions for the ensuing season, or the forfeitures of their contracts will 
be enforced. 

The elevator in the canyon spoken of in the Superintendent's report 
has been prohibited, and will not be erected until further orders. 

A bill has been before Congress time and again prescribing just laws 
for the government of the Park under which those guilty of defacing its 
wonders, destroying its game, injuring its timber, or otherwise impairing 
the usefulness and beauty of the reservation would be punished 
adequately. The bill was carefully scrutinized by the Secretary and 
many scientific persons interested in the subject, but as it was amended 
so as to authorize the building of a railroad into the Park, the result 
was that the act has never passed. There are very strong reasons pre- 
senting themselves against the construction of a railroad in a reserva- 
tion such as this is intended to be, and in the Secretary's last annual 



CXX REPORT OF THE SECRETARY OF THE INTERIOR. 

report the subject was discussed, and the conclusion reached was ex- 
pressed as follows : 

So long as this tract of country shall remain a national preserve for science, curi- 
osity, and pleasure, it will of course be an object of cupidity to the covetous, who 
will see or imagine countless ways in which its exhaustless wonders and resources 
can be turned into private advantage, and who will invent many artifices to beguile 
and circumvent the guardians of this national treasure into granting them footholds 
of one kind or another, whereby they can make personal gain of this great public 
benefit. If it is not to be thus frittered away, deprived of its most attractive feat- 
ures, and measurably lost to science and wonder, if not to pleasure, the best and 
surest way to protect it is to permit no trimming down, no incursions, and no privi- 
leges except such as may be deemed absolutely necessary for its protection and regu- 
lation, and for the proper accommodation and comfort of visitors. 

The passage of the bill that is already before Congress is earnestly 
recommended, without the provision allowing a railroad to be built 
therein, and it is further recommended that there be incorporated in 
the bill a provision for marking more definitely the boundaries of the 
Park, and that a sufficient appropriation be given therefor. 



HOT SPRINGS RESERVATION. 

The condition of affairs at the Hot Springs Reservation is peculiar. 
Many of the leases authorized by Congress have expired, but owing to 
pending legislation the Secretary has deemed it best to make no new 
ones until this legislation may mature. The former lessees under con- 
tract have become mere tenants at will, and are liable to be removed 
at any moment, with a forfeiture of their existing improvements. A 
great evil that has sprung up at this reservation concerns prices and 
service. A league has been formed, it is thought, and the public is 
thereby deprived of the free competition that the Government has a 
right to expect and require. This has arisen from the violation of the 
provisions of the leases prohibiting assignments without the consent of 
the Secretary of the Interior. These secret assignments have made it 
possible for a very few men to control the greater number of bath privi- 
leges. Six persons own Old Hale, Horse Shoe, Magnesia, Eamelsberg, 
and Lamar Springs, with one hundred and thirty-nine tubs, most of 
them being held illegally. 

The old Hale, Independent, Palace, Horse Shoe, Magnesia, Ozark 
Rainmelsberg, and Lamar, with 205 tubs, are now in the "pool," with 
George G. Latta president and C. W. Fry auditor. The earnings of 
these houses are pooled and distributed on agreed ratings. The pool is 
said to have existed since 1883. It is believed that the combination is 
in violation of the letter and spirit of the law and should not be toler- 
ated. An act is pending in Congress giving the Secretary power of 
investigation and sufficient authority to crush this evil out, and, in 
order that the action when taken might bear evenly upon all, the delay 
mentioned has occurred. 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXt 

This reservation is in the center of a State, and the inhabitants about 
it and on it are able to appeal to the State laws and courts for protec- 
tion against one another. This is liable to lead, as it has already done, to 
complications with the United States. In a controversy not long since 
arising between partners, one of whom had a lease for a bath-house, 
the plaintiff endeavored to have the defendant's interest in this prop- 
erty seized and sold by a receiver in a suit in equity for the settlement 
of the partnership affairs. Learning of this intended invasion of the 
public property by the civil authorities of the State, the Secretary an- 
ticipated such action by ordering the Superintendent to expel the tenant 
at will and take immediate possession. This was done, but the Super- 
intendent was arrested by the State authorities. Thereupon the United 
States district attorney at Little Rock was summoned to take charge of 
the case, and the State court concluded that it had no jurisdiction in 
the matter, and rescinded its order. 

The property thus thrown upon the hands of the Superintendent was 
one of the main bath-houses on the reservation, and to have closed it 
would have caused a great privation to visitors dependent upon it for 
their " treatment." The Superintendent was therefore authorized to keep 
the house open and receive the ordinary charges made at the institution 
previously. The result has been that in the short period of his possession 
he has obtained over $2,900, which has been placed as a special deposit 
subject to the opinion of the Attorney-General as to whether it can be 
used for the improvement of the reservation or must be turned into the 
Treasury absolutely. The receiver haviug been discharged from the 
equity suit and there being no longer any fear of intervention, the 
original lessee has been allowed to resume possession on the same terms 
with others in like condition. 

The report of the Superintendent gives all the information that is 
probably to be expected in regard to this important Government res- 
ervation, and in it may be found many facts of interest. He says that 
it is subdivided into Hot Springs Mountain, North Mountain, Sugar Loaf 
Mountain, and West Mountain, together constituting the permanent 
reservation of 900.63 acres, together with 2,019 city lots, 1,270.10 acres in 
area, and 358.37 acres in streets and alleys. Of the city lots, 1,435 were 
awarded to individuals, 258 sold and donated, and 32G remaining the prop 
erty of the United States. The permanent reservation is principally 
rough, rugged, and precipitous, covered by scraggy timber and under- 
brush, and without roads, and in most part even without bridle-paths. 
It is surrounded by a population estimated at 10,000, and it is made the 
duty of the Superintendent to guard and protect the trees, shrubs, sod, 
earth, rocks, or anything belonging to the reservation. He asks that he 
may have the means provided to enable him to perform this duty, and 
this is earnestly recommended. 

The four mountain divisions of the reservations are beautiful sites 
for natural parks, and might be rendered very attractive with an ap- 



CXXII REPORT OF THE SECRETARY OF THE INTERIOR. 

propriation made for the purpose. This was recommended last year, 
and is now again most strongly advocated. It is discreditable to the 
Government to have these mountains, fairly within the city limits, and 
in the presence of all the great hotels, where so roauy of our citizens 
resort for health and pleasure, in the condition they now are. The 
bill pending in Congress gives the Secretary, through the Superintend- 
ent, control over the waters of these springs; a control that has long- 
been needed, and without which there must occur the utmost waste and 
the greatest injustice. 

As as been said, several of the largest springs are now under tempo- 
rary tenancy of a very few individuals, who use and waste hot water, 
sometimes from bad plumbing and distribution, and partly because the 
bath-houses are built very close to the springs. The superintendent 
states that it is his opinion a great mistake was made in the first in- 
stance to lease for bath-houses the sites upon which hot springs are situ- 
ated, and recommends that all sites or grounds on which there are hot 
springs should be preserved from lease or occupancy as the only way to 
control and protect the waters. This view is no doubt correct and 
should be enforced. Many of the bath-houses over these springs are 
now worn out and worthless, and when removed the leases should not 
be renewed. 

The total amount of rents collected was $13,090. 

The expenditures for salaries, repairs, improvements, etc., for the 
fiscal year were $5,247.47, leaving a net income to the Government of 
$7,842.53. 

By a statement furnished by the register's office, it appears that 
there were, on the 26th of June, 1890, $9,315.44 standing to the credit 
of the reservation on the Treasury books. 

Attention is also called to the last annual report of the Secretary in 
regard to this reservation. 

In relation to the reservoir now under construction, some discussion 
has arisen as to whether the waters gathered therein will be as beneficial 
as if allowed to go to the bath-houses without this arrangement. Con- 
gress has already passed upon this subject by ordering the reservoir to be 
built and making an appropriation therefor. Contracts were duly made 
for the reservoir, the engine-house, pipes, machinery, and boilers, and all 
appliances necessary. The plans have been arranged, and the work com- 
menced and will soou be completed. There are 65 springs, some with 
water at a temperature of 157°. The heat will be maintained in the 
reservoir to the degree of, probably, not less than 130° Fahrenheit. It 
is thought the water will thus be altogether unaffected in its remedial 
qualities, inasmuch as the heat of the water is natural as well when dis- 
tributed from the reservoir as when received from the pipes leading to 
the springs directly, and is at a higher degree of heat than can be used 
in bathing. It has to be cooled by other water in any event 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXIII 

The Secretary has no hesitation in expressing the opinion that it 
would be far better to proceed with the reservoir and the system already 
inaugurated than to change at the complaint of a few persons who may 
find it more to their interests to use particular springs for certain bath- 
houses than to be put upon that useful level that protects the public 
interests and by fair competition enables the greatest good to be ob- 
tained by the greatest number at these springs. Monopoly should be 
destroyed. The hot springs are God's gift, and the water should be 
distributed with as little taxation as possible to the suiferers who resort 
there. It is a place where the poor as well as the rich in their affliction 
should be protected by the Government. 

THE SEQUOIA NATIONAL PARK. 

By act of Congress approved September 25, 1890, the tract of land 
in the State of California described as township 18 south, and ranges 
30 and 31 east, and also sections 31, 32, 33, and 34 in township 17 south, 
and range 30 east, and by act of Congress approved October 1, 1890, the 
adjoining tract described as townships 15 and 16 south, ranges 29 and 
30 east, and also township 17 south, range 30 east, except above 
mentioned sections 31, 32, 33, and 34 have been set apart for a public 
park. 

The act provided as follows : 

Sec. 2. That said public park shall be under the exclusive control of the Secretary 
of the Interior, whose duty it shall be, as soon as practicable, to make and publish 
such rules and regulations as he may deem necessary or proper for the care and man- 
agement of the same. Such regulations shall provide for the preservation from in- 
jury of all timber, mineral deposits, natural curiosities, or wonders within said park, 
and their retention in their natural condition. The Secretary may, in his discretion, 
grant leases for building purposes for terms not exceeding ten years of small parcels 
of ground not exceeding five acres, at such places in said park as shall require the 
erection of buildings for the accommodation of visitors; all of the proceeds of .said 
leases and other revenues that may be derived from any source connected with said 
park to be expended under his directiou in the management of the same and the 
construction of roads and paths therein. He shall provide agaiust the wanton de- 
struction of the fish and game found within said park, and against their capture or 
destruction for the purpose of merchandise or profit. He shall also cause all persons 
trespassing upon the same after the passage of this act to be removed therefrom, and, 
generally, shall be authorized to take all such measures as shall be necessary or proper 
to fully carry out the objects and purposes of this act. 

The park was not given a name by the act, and the Secretary finding 
it necessary in establishing the required rules and regulations for its 
government to give a name to the reservation, called it the Sequoia 
National Park. The reason for thus naming the park is more weighty 
than that it is the name of the trees, for the trees themselves were 
called Sequoia by Endlicher in honor of a most distinguished Indian of 
the half breed, the inventor of the Cherokee alphabet. 



CXXIV REPORT OF THE SECRETARY OF THE INTERIOR. 

Sequoyah, meaning " he guessed it," was the English method of 
spelling the Indian's name, and in transferring it to the tree the eminent 
botanist gave it a Latin terminal with substantially the same pronun- 
ciation as in English. By designating the park according to the tree 
the delicate and appropriate honor conferred by the scientist in nam- 
ing the greatest of America's trees after the most intellectual of the 
aborigines who dwelt amid our forests, receives a national sanction, and 
as the towering shaft reared by nature remains a living monument to 
the fame of the " Cadmus of America," it is maintained and protected 
by our nation's respect and liberality. 

The Governor of California, in a letter dated September 24, 1890, 
which was solicited by the Secretary, states in substance that the 
greatest difficulty will be in the extinguishment of private rights. No 
doubt the lands set apart for the park will be found covered with pri- 
vate claims, the annihilation of which will be exceedingly expensive. 
This cost should be borne by the United States Government, Califor- 
nia extending all necessary protection in the way of legislation. The 
first step should be to procure absolute possession. Then it should be 
passed to the control of the General Laud-Office, with instructions to 
appoint a forester. The United States district attorney should be noti- 
fied of trespasses. 

No improvements should be permitted by private persons. 

It has cost California $100,000 to extinguish private claims in Yo- 
semite. Letting out leases would inaugurate an extensive class of pri- 
vate claims which would cost $10,000 to get rid of. 

In a resolution of California Academy of Sciences, August 4, 1890, 
it was stated substantially : 

The groves are isolated, at an elevation of 4,000 to 7,000 feet, con- 
taining each from a few hundred to a few thousand trees averaging 
15 to 20 feet in diameter and 200 feet in height, though some attain 300 
feet. There are few less than 10 feet in diameter. One recently found 
was 41J feet in diameter, 250 feet high, and had 6,126 annual rings of 
growth. 

The preservation of these forests is of national importance on account 
of their influence on climate and water-fail. The Sequoia are rapidly 
dying out, as but few young trees are seen outside of the old groves. 

Their destruction is useless, wasteful, and lamentable. At the mills 
millions and millions of feet of lumber are decaying upon the ground. 

Trees 30 and 40 feet in diameter have been cut for curiosity's sake 
alone. The stump of the greatest of all, the Centennial tree, should be 
covered in with metal roofing ; in this way it may be preserved one 
thousand years. 

Simply withdrawing these lands from sale will not preserve the 
groves. A National Park wejl guarded and managed should be set off 
covering these groves. 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXV 

The recommendations go further. The paper, with one from Mr. 
Frank J. Walker, is annexed to this report, as are also the rales estab- 
lished by the {Secretary. (Appendix E.) 

THE GENERAL GRANT NATIONAL PARK. 

By act of Cougress approved October 1, 1890, the tract of land in the 
State of California described as sections 5 and 6, in township 14 south, 
range 28 east of Mount Diablo meridian, and also sections 31 and 32 
of township 13 south, range 28 east of the same meridian, were set 
apart for a public park. It was provided by the act in regard to this 
park the same as in the act establishing the Sequoia Park, as to its 
mutatis mutandis. The rules and regulations adopted by the Secretary 
were also the same in general effect. 

The name " General Grant National Park 7 ' was adopted for the park 
by the Secretary, because this name had become, by common consent, 
that of the largest tree there, and which it is understood is among the 
greatest if not itself the very greatest of the u Sequoia gigantea? The 
propriety of adopting the name needs no explanation or defense. The 
people have already baptized the tree with the name of our great and 
noble general, and the park could not consistently be called aught 
else, unless it were "The Union." 

THE YOSEMITE NATIONAL PARK. 

By act of Congress approved October 1, 1890, the tract of land in the 
State of California described as townships 1 and 2 north, and town- 
ships 1, 2, 3, and 4 south, all of ranges 19, 20, 21, 22, 23, and 24 east; 
also townships 1, 2, 3, and 4 south, of rauge 25 east; and also townships 
3 and 4 south, of range 26 east, excepting therefrom that tract of land 
known as Yosemite Valley, granted to the State of California for a 
public park by act of Congress approved June 30, 18(34. 

The provisions of law and the rules and regulations adopted by the 
Secretary were in substance the same as those provided for the Sequoia 
National Park. 

This reservation surrounds the Yosemite Valley; hence its name. It 
embraces over a million acres, and will need much attention and care 
to preserve it. 

It is to be remarked that not one of these park laws has made any 
appropriation with whicli to carry its provisions into effect, and the 
Department has no means to spare for the purpose. 

Whether the parks shall be put under charge of civil custodians or 
a military cavalry guard shall be sent to each is a subject now being 
considered and investigated. 

Every effort will be made with the means at hand to preserve the 
trees and natural beauties of these very remarkable and very extensive 



CXXVI REPORT OF THE SECRETARY OF THE INTERIOR. 

tracts of land, and to expel trespassers and punish those violating the 
law or the rules ; but Congress must make an appropriation, or the 
Secretary of the Interior will be left with a gigantic responsibility and 
only dwarfed resources to meet it. The parks have already gained the 
favor of our people, and there would be probably no criticism of a rea- 
sonable expenditure to support them. 



NICARAGUAN CANAL. 

The first annual report of the Maritime Canal Company of Nicaragua 
was submitted to the Secretary of the Interior in December, 1889, as 
required by the act of Congress approved February 20, 1889, incorpo- 
rating the company. It appears therefrom that at a meeting of the in- 
corporators, held in the city of New York March 7, 1889, the charter 
granted by Congress was unanimously accepted. After due publi- 
cation books were opened for subscriptions to the capital stock, and 
10,145 shares were subscribed for, at par, amounting in the aggregate 
to $1,014,500, of which amount $601,450 were paid into the treasury of 
the company in cash. The other assets of the company consist, at the 
date of the report, of property rights, privileges and franchises owned 
by it in Nicaragua and New York. 

The plan of the work as outlined is — 

The construction of a breakwater at or near Greytown, on the Caribbean Sea, and 
dredging thence to the westward 10 miles through alluvial ground to the place 
where a lock of 31 feet lift will be built. At 2 miles beyond will be constructed 
a second lock or double lock of the combined lift of 75 feet, and a dam across the 
small stream Deseado, above which will be a basin affording 4J miles of free navi- 
gation ; then a rock-cut about 21 miles in length, followed by 12 miles of free naviga- 
tion in the valleys of two small rivers, the San Francisco and the Machado. Here 
the waters will be raised by dams and embankments, so as to form basins, which will 
connect directly with the San Juan River, above a large dam to be built across that 
river. Said dam will raise the waters in the river and lake, and secure additional free 
navigation of 64 miles in the river and 56^ miles across the lake. 

On the western side of the lake the canal will enter a cut of slight depth in the 
earth and rock of 9 miles in length, issuing thence into the Tola basin, with 5& miles 
of free navigation, which will be obtained by damming the Rio Grande. At this 
dam a series of locks will lower the level 85 feet, and the canal will proceed in exca- 
vation down the valley of the Rio Grande a distance of 2 miles to the last lock, a 
tidal lock of 20 to 30 feet lift, below which the canal will enter the upper portion of 
the harbor of Brito, 1| miles from the Pacific. 

On the 3d day of June, 1889, preliminary work of construction began 
at Greytown, and on the 8th of October the work of excavation was 
commenced. The government of the Republic of Nicaragua has offi- 
cially recognized and declared by decree the commencement of con- 
struction of the canal in accordance with the terms of the concession. 

The company has established permanent headquarters at Greytown, 
erected store-houses, hospitals, dwellings, and other buildings, con- 
structed several miles of aqueduct, cleared parts of the San Juan and 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXV1I 

Deseado Rivers, built several miles of broad-gauge railroad and 35 miles 
of telegraph line, and cleared the first part of the route of the canal. A 
large quantity of machinery, tools, lumber, piles, and other materials 
necessary for the establishment of the plant to be used in construction, 
has been landed at Greytown. A complete hospital service and am- 
bulance corps has been organized in Nicaragua and sanitary arrange- 
ments in and about camps and headquarters have been perfected. 

The work and statistics will appear in the report for the present 
year, to be made to the next session of Congress. 

John W. Noble, 

Secretary. 

To the President. 



APPENDIX. 



Appendix A. 



Number of employe's of the Department of the Interior, its bureaus, and offices October 
15, 1890, compiled from statements furnished by heads of bureaus and similar officers. 



Bureau or class, etc. 



Appointed by — 



Pres- 
ident. 



Secre- 
tary. 



Subor- 
dinates. 



Total. 



In the Department proper at Washington. 

Office of the Secretary 

Office of the Assistant Attorney-General 

General Land Office, including 18 on the transcribers' roll 

Office of Indian Affairs, including 5 on "depredations claims" and 

4 on " allotments " rolls 

Pension Office, exclusive of 150 special examiners 

Patent Office 

Office of Education 

Office of Commissioner of Eailroads 

Geological Snrvey 

Census Office 



Total (miscellaneous bureaus, 3,321; Census Office, 2,271).. 

Outside Department proper, but at Washington. 

Government Hospital for the Insane 

Visitors to GoverniiH'U t Hospital for Insane 

"Under the Architect of the Capitol , 

Freedmen's Hospital 

Visitors to Freedmen's Houpital 

Columbia Institution for Deaf and Dumb 

Register of wills, recorder of deeds, Rock Creek Park Commis- 
sioners 

Inspector of gas and meters, fuel inspector . 



Total 



Outside Department proper and not at Washington. 
In the land service. 

Registers and receivers, district land offices, 122 each . 

Employes in district land offices : 

Surveyors-general „ 

Employ 6s in offices of surveyors-general 

Special inspectors of the public land service 

Inspectors of surveyors-general's and district land offices 

Special agents of tbe General Land Office 

Assistants to Special Agent J. A. Sibbald 

Custodians of abandoned military reservations 

Oklahoma town-site boards, including their four clerks 

Appraisers of certain lands 

Total 



163 

18 
425 

84 

1,856 

585 

39 

6 

103 

2, 270 



28 



23 



5,549 



477 



151 

42 



38 



15 



708 



244 
16 



200 



116 



172 



133 



15 



320 



CXXVIII 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXIX 
Number of employe's, etc. — Continued. 



Bureau or class, etc. 



Appointed by- 



Pres- 
ident. 



Secre. Subor- 
tary. dinates 



Total 



58 

1,007 
5 
5 
12 
5 
80 
1,192 
822 

22 

10 

24 

2 



Outside Department proper and not at "Washington— Cont'd. 
In the Indian service. 

Indian agents 

Employes at Indian agencies (75 appointed by Commissioner and 

932 by Indian agents) 

Indian inspectors 

Special Indian agents 

Special agents to make allotments of lands 

Special agents on depredation claims .., 

Superintendent of Indian schools and school superintendents 

Employes in Indian schools 

Indian police, including 55 in Alaska 

Warehouse superintendent and employes (New York, 19; San 
Erancisco, 3) 

Board of Indian commissioners 

Commissioners for negotiations 

Miscellaneous , 



58 



1.007 



Total 



107 



In the pension seivice. 

Pension agents 

Special examiners of Pension Office 

Employees in pension agencies 

Examining surgeons (1, 042 boards) 

Total 



is 



... 79 

1, 192 

822 

21 



16 3, 121 



3,244 



L50 



In the census service. 

Supervisors of census 

Special agents to collect statistics of manufactures (number esti- 
mated) 

Other special agents (number estimated) 

Employes in offices of special agents 

Total 



18 



170 



170 



Miscellaneous. 

Governors of Territories 

Secretaries of Territories — 

Government directors of the Union Pacific Kail way Company 

Geological Survey: Temporary field employes, including many 

whose duties are partly in Washington and partly in the field 

Alaska school service, under Office of Education 

Alaska commissioners and clerk of court ... 

Board of registration ana election in Utah 

Superintendent of the Hot Springs in Arkansas 

Superintendent of construction of penitentiary, Wyoming and 



Idaho . 



Superintendent of construction of bath-houses, Hot Springs, Ar- 
kansas 



Total 

Grand total. 



24 



579 



169 



173 



419 
3,460 



18 

150 

419 

3,460 



3, 879 



047 



753 

410 

70 



753 

410 

70 



1, 233 



1,403 



191 
18 



209 



7G2 



5 
4 
5 

360 

18 

5 

5 

1 



1 
406 

700 



INT 90— VOL I- 



-IX 



CXXX EEPORT OF THE SECRETARY OF THE INTERIOR. 



SUMMARY— BY LOCATION. 

Id the Department proper, at "Washington 5,592 

Outside the Department proper, but at Washington 732 

Outside the Department proper, and not at Washington 9,796 

Grand total 16,120 

SUMMARY— BY APPOINTING POWER. 

By the President 617 

By the Secretary 6,013 

By subordinates , 9, 490 

Grand total 16,120 

SUMMARY— BY CLASS OF SERVICE. 



Land service, including General Land Office 

Indian service, including Office of Indian Affairs 

Pension service, including Pension Office 

Census service, including Census Office 

Geological Survey, including "Washington office 

Patent Office 

Miscellaneous bureaus, not included in the foregoing.. 

Hospitals and institutions in District of Columbia 

Territorial officers 

Miscellaneous officers in District of Columbia 

Capitol, employes? under Architect of the 

Miscellaneous officers, etc., not in District of Columbia 

Total 



Appointed by- 



Presi- 
dent. 



266 

109 

21 

171 

1 

5 

5 

9 

14 

6 



10 
617 



Secre- 
tary. 



541 
100 
2,006 
2, 270 
272 
585 
226 



Subor- 
dinates. 



6,013 



^20 
3,121 
3,879 
.1, 233 

211 



557 



151 

18 



Total. 



1, 127 

3,330 

5,906 

3,674 

484 

590 

231 

573 

14 

8 

151 

32 



16. 120 



Appendix B. 
[Public— No. 100.] • 

AN ACT to provide a temporary government for the Territory of Oklahoma, to enlarge the juriadio 
tion of the United States Court in the Indian Territory, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United States of America in 
Congress assembled, Sec. 1. * 

Sec ltf. That sections numbered sixteen and thirty-six in each township in said 
Territory shall be, and the same are hereby, reserved for the purpose of being applied 
to public schools in the State or States hereafter to be erected out of the same. In 
all cases where sections sixteen and thirty-six, or either of them, are occupied by 
actual settlers prior to survey thereof, the county commissioners of the counties in 
which such sections are so occupied are authorized to locate other lands, to an equal 
amount, in sections or fractional sections, as the case maybe, within their respective 
counties, in lieu of the sections so occupied. 

All the lands embraced in that portion of the Territory of Oklahoma heretofore 
known as the Public Land Strip, shall be open to settlement under the provisions of 
the homestead laws of the United States, except section twenty-three hundred and 
one of the Revised Statutes, which shall not apply ; but all actual and bona fide set- 
tlers upon and occupants of the lands in said Public Land Strip at the time of the 
passage of this act shall be entitled to have preference to and hold the lands upon 
which they have settled under the homestead laws of the United States, by virtue 
of their settlement and occupancy of said lands, and they shall be credited with the 
time they have actually occupied their homesteads, respectively, not exceeding two 
years, on the time required under said laws to perfect title as homestead settlers. 

The lands within said Territory of Oklahoma, acquired by cession of the Muscogee 
(or Creek) Nation of Indians, confirmed by act of Congress approved March first, 
eighteen hundred and eighty-nine, and also the lands acquired in pursuance of an 
agreement with the Seminole Nation of Indians by re-lease and conveyance, dated 
March sixteenth, eighteen hundred and eighty-nine, which may hereafter be open to 
settlement, shall be disposed of under the provisions of sections twelve, thirteen, and 
fourteen of the "Act making appropriations for the current and contingent expenses 
of the Indian Department, and for fulfilling treaty stipulations with various Indian 
tribes, for the year ending June thirteenth, eighteen hundred and ninety, and for 
other purposes," approved March second, eighteen hundred and eighty-nine, and 
under section two of an "Act to ratify and confirm an agreement with the Muscogee 
(or Creek) Nation of Indians in the Indian Territory, and for other purposes," ap- 
proved March first, eighteen hundred and eighty -nine : Provided, however, That each 
settler under and in accordance with the provisions of said acts shall, before receiv- 
ing a patent for his homestead on the land hereafter opened to settlement as afore- 
said, pay to the United States for the land so taken by him, in addition to the fees 
provided by law, the sum of one dollar and twenty-five cents per acre. 

Whenever any of the other lands within the Territory of Oklahoma, now occupied 
by any Indian tribe, shall by operation of law or proclamation of the President of the 
United States, be open to settlement, they shall be disposed of to actual settlers only, 
under the provisions of the homestead law, except section twenty-three hundred and 
one of the Revised Statutes of the United States, which shall not apply : Provided, 
however, That each settler, under and in accordance with the provisions of said home- 
stead laws, shall before receiving a patent for his homestead pay to the United States 
for the land so taken by him, in addition to the fees provided by law, a sum per acre 
equal to the amount which has been or may be paid by the United States to obtain a 
relinquishment of the Indian title or interest therein, but in no case shall such pay- 
ment be less than one dollar and twenty-five cents per acre. The rights of honorably 
discharged soldiers and sailors in the late civil war, as defined and described in sec- 
tions twenty-three hundred and four and twenty-three hundred and five of the 
Revised Statutes of the United States, shall not be abridged except as to such 
payment. All tracts of laud in Oklahoma Territory which have been set apart for 
school purposes, to educational societies, or missionary boards at work among the 
Indians, shall not be open for settlement, but are hereby granted to the respective 

cxxxi 



CXXXII REPORT OF THE SECRETARY OF THE INTERIOR. 

educational societies or missionary boards for whose use the same has been set apart. 
No part of the land embraced within the Territory hereby created shall inure to the 
use or benefit of any railroad corporation, except the rights of way and land for sta- 
tions heretofore granted to certain railroad corporations. Nor shall any provision of 
this act or any act of any officer of the United States, done or performed under the 
provisions of this act or otherwise, invest any corporation owning or operating any 
railroad in the Indian Territory, or Territory created by this act, with any land or 
right to any land in either of said Territories, and this act shall not apply to or affect 
any land which, upon any coudition on becoming a part of the public domain, would 
inure to the benefit of, or become the property of, any railroad corporation. 

Sec. 19. That portion of the Territory of Oklahoma heretofore known as the Public 
Land Strip is hereby declared a public land district, and the President of the United 
States is hereby empowered to locate a land office in said district, at such place as he 
shall select, and to appoint in conformity with existing law a register and receiver of 
said land office. He may also, whenever he shall deem it necessary, establish another 
additional laud district within said Territory, locate a land office therein, and in like 
manner appoint a register and receiver thereof. And the Commissioner of the General 
Land Office shall, when directed by the President, cause the lands within the Terri- 
tory to be properly surveyed and subdivided where the same has not already been 
done. 

Sec. 20. That the procedure in applications, entries, contests, and adjudications in 
the Territory of Oklahoma shall be in form and manner prescribed uuder the home- 
stead laws of the United States, and the general principles and provisions of the home- 
stead laws, except as modified by the provisions of this act and the acts of Congress 
approved March first and second, eighteen hundred and eighty-nine, heretofore men- 
tioned, shall be applicable to all entries made in said Territory, but no patent shall 
be issued to any person who is not a citizen of the United States at the time of making 
final proof. 

All persons who shall settle on land in said Territory, under the provisions of the 
homestead laws of the United States, and of this act, shall be required to select the 
same in square form as nearly as may be; and no person who shall at the time be 
seized in fee simple of a hundred and sixty acres of land in any State or Territory, 
shall hereafter be entitled to enter land in said Territory of Oklahoma. The provis- 
ions of sections twenty -three hundred and four and twenty three hundred aud five 
of the Revised Statutes of the United States shall, except so far as modified by this 
act, apply to all homestead settlements in said Territory. 

Sec. 21. That any person, entitled by law to take a homestead in said Territory of 
Oklahoma, who has already located and filed upon, or shall hereafter locate and file 
upon, a homestead within the limits described in the President's proclamation of 
April first, eighteen hundred and eighty nine, and under and in pursuance of the laws 
applicable to the settlement of the lands opened for settlement by such proclamation, 
and who has complied with all the laws relating to such homestead settlement, may 
receive a patent therefor at the expiration of twelve months from date of locating 
noon said homestead upon payment to the United States of one dollar aud twenty-five 
cents per acre for land embraced in such homestead. 

Sec. 22. That the provisions of title thirty-two, chapter eight of the Revised Stat- 
utes of the United States relating to " reservation and sale of town sites on the pub- 
lic lands" shall apply to the lands open, or to be opened to settlement in the Terri- 
tory of Oklahoma, except those opened to settlement by the proclamation () f foe 
President on the twenty-second day of April, eighteen hundred aud eighty-nine: 
Provided, That hereafter all surveys for town sites in said Territory shall contain 
reservations for parks (of substantially equal area if more than one park) and for 
schools and other public purposes, embracing in the aggregate not less than ten nor 
more than twenty acres; and patents for such reservations, to be maintained for 
such purposes, shall be issued to the towns respectively when organized as munici- 
palities : Provided further, That in case any lands in said Territory of Oklahoma, 
which may be occupied and filed upon as a homestead, under the provisions of law 
applicable to said Territory, by a person who is entitled to perfect his title thereto 
under such laws, are required for town site purposes, it shall be lawful for such per- 
son to apply to the Secretary of the Interior to purchase the lands embraced in said 
homestead or any part thereof for town-site purposes. He shall file with the appli- 
cation a plat of such proposed town-site, and if such plat shall be approved by the 
Secretary of the Interior, he shall issue a patent to such person for land embraced in 
said town site, upon the payment of the sum of ten dollars per acre for all the lands 
embraced in such town site, except the lands to be donated and maintained for pub- 
lie purposes as provided in this section. And the sums so received by the Secretary 
of the Interior shall be paid over to the proper authorities of the municipalities when 
organized, to be used for them for school purposes only. 

Sec. 23. That there shall be reserved public highways four rods wide between each 
section of land in said Territory, the section lines being the center of said highways j 



REPORT OF THE SECRETARY OP THE INTERIOR. CXXXIII 

but no deduction shall be made, whero cash payments are provided for, in the 
amount to be paid for each quarter sect ion of land by reason of such reservation. But 
if the said highway shall be vacated by any competent authority, the title to the 
respective strips shall inure to the then owner of the tract of which it formed a part 
by the original survey. 

Sec. 24. That it shall be unlawful for any person, for himself or any company, as- 
sociation, or corporation, to directly or indirectly procure any person to settle upon 
any lands open to settlement in the Territory of Oklahoma, with intent thereafter 
of acquiring title thereto ; and any title thus acquired shall be void ; and the parties 
to such fraudulent settlement shall severally he guilty of a misdemeanor, and shall 
be punished upon indictment, by imprisonment not exceeding twelve months, or by 
a fine not exceeding one thousand dollars, or by both such tine and imprisonment, in 
the discretion of the court. 

»:»•*« » 

Approved, May 2, 1890. 



[Public— No. 114.] 

AN ACT to provide for town site entries of lands in what is known as " Oklahoma," and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That so much of the public lauds situate in the Territory of 
Oklahoma, now open to settlement, as may be necessary to embrace all the legal sub- 
divisions covered by actual occupancy for purposes of trade and business, not exceed- 
ing twelve hundred and eighty acres in each case, may be entered as town sites, for 
the several use and benefit of the occupants thereof, by three trustees to be appointed 
by the Secretary of the Interior for that purpose, such entry to be made under the 
provisions of section twenty-three hundred and eighty-seven of the Revised Statutes 
as near as may be ; and when such entry shall have been made, the Secretary of the 
Interior shall provide regulations for the proper execution of the trust, hy such trus- 
tees including the survey of the land into streets, alleys, squares, blocks, and lots 
when necessary, or the approval of such survey as may already have heen made by 
the inhabitants thereof, the assessment upon the lots of such sum as may be necessary 
to pay for the lands embraced in such town site, costs of survey, conveyance of lots, 
and other necessary expenses, including compensation of trustees: Provided, That the 
Secretary of the Interior may when practicable cause more than one town site to be 
entered and the trust thereby created executed in the manner herein provided by a 
single board of trustees, but not more than seven hoards of trustees in all shall be 
appointed for said Territory, and no more than two members of any of said boards 
shall be appointed from one political party. 

Sec. 2. That in the execution of such trust, and for the purpose of the conveyance 
of title by said trustees, any certificate or other paper evidence of claim duly issued 
by the authority recognized for such purpose by the people residing upon any town 
site the subject of entry hereunder, shall be taken as evidence of the occupancy by 
the holder thereof of the lot or lots therein described, except that where there is an ad- 
verse claim to said property such certificate shall only be prima facie evidence of the 
claim of occupancy of the holder : Provided, That nothing in this act contained shall be 
so construed as to make valid any claim now invalid of those who entered upon and occu- 
pied said lands in violation of the laws of the United States or the proclamation of 
the President thereunder: Provided further, That the certificates hereinbefore men- 
tioned shall not be taken as evidence in favor of any person claiming lots who entered 
upon said lots in violation of law or the proclamation of the President thereunder. 

Sec. 3. That lots of land occupied by any religious organization, incorporated or 
otherwise, conforming to the approved survey within the limits of such town site, 
shall be conveyed to or in trust for the same. 

Sec. 4. That all lots not disposed of as hereinbefore provided for shall be sold under 
the direction of the Secretary of the Interior for the benefit of the municipal govern- 
ment of any such town, or the same or any part thereof may be reserved for public 
use as sites for public buildings, or for the purpose of parks, if in the judgment of 
the Secretary such reservation would be for the public interest, and the Secretary 
shall execute proper conveyances to carry out the provisions of this section. 

Sec. 5. That the provisions of sections four, five, six, and seven, of an act of the 
legislature of the State of Kansas, entitled "An act relating to town sites," approved 
March second, eighteen hundred and sixty-eight, shall, so far as applicable, govern 
the trustees in the performance of their duties hereunder. 

Sec. 6. That all entries of town sites now pending on application hereafter made 
under this act, shall have preference at the local land office of the ordinary business 
of the office and shall be determined as speedily as possible, and if an appeal shall 



CXXXIV REPORT OF THE SECRETARY OF THE INTERIOR. 

be taken from the decision of the local office in any such case to the Commissioner 
of the General Land Office, the same shall be made special, and disposed of by him 
as expeditiously as the duties of his office will permit, aud so if an appeal should be 
taken to the Secretary of the Interior. And all applications heretofore filed in the 
proper land office shall have the same force and effect as if made under tbe provis- 
ions of this act, and upon the application of the trustees herein provided for, such 
entries shall be prosecuted to final issue in the names of such trustees, without other 
formality and when final entry is made the title of the United States to the land 
covered by such entry shall be conveyed to said trustees for the uses and purposes 
herein provided. 

Sec. 7. That the trustees appointed under this act shall have the power to admin- 
ister oaths, to hear and determine all controversies arising in the execution of this 
act shall keep a record of their proceedings, which shall, with all papers filed with 
them and all evidence of their official acts, except conveyances, be filed in the Gen- 
eral Laud Office and become a part of the records of the same, and all conveyances 
executed by them shall be acknowledged before an officer duly authorized for that 
purpose. They shall be allowed such compensation as the Secretary of the Interior 
may prescribe, not exceeding ten dollars per day while actually employed ; and such 
traveling and other necessary expenses as the Secretary may authorize and the Sec- 
retary of the Interior shall al. o provide them with necessary clerical force by detail 
or otherwise. 

Sec. 8. That the sum of ten thousand dollars or so much thereof as may be neces- 
sary is hereby appropriated to carry into effect the provisions of this act, except that 
no portion of said sum shall be used in making payment for land entered hereunder, 
and the disbursements therefrom shall be refunded to the Treasury from the sums 
which may be realized from the assessments made to defray the expense of carrying 
out the provisions of this act. 

Approved, May 14, 1690. 



[Laws of Kansas, 1868.] 
Chapter 109.— TOWN SITES. 

.AN ACT relating to town sites. 

Article I. Eutry and disposal of town sites. 
II. Perfecting title to town lots. 
III. Vacating town sites. 

Be it enacted by the legislature of the State of Kansas: 

Article I. — Entry and disposal of town sites. 



§ 1. Town sites, how and by whom entered. 

2. Deeds to be made by chief officer of town. 

3. Probate judge entering town site for use of 

inhabitants, shall convey same to inhabit- 
ants. 

4. Commissioners may be appointed ; their 

duties. 

5. Notice to be given of the time of apportion- 

ing lots. 



§ 6. The apportionment. 

7. Tax levied, for what purpose. 

8. Return of commissioners. 

9. Probate judge to collect taxes and make 

deeds. 

10. Party securing title to site to be re-imbursod. 

11. Deeds to be acknowledged and recorded. 

12. Who deemed occupants of town site. 



Section 1. In all cases in which any of the public land of the United States in 
the State of Kansas has been, or shall hereafter be, selected and occupied as a town 
site, if the inhabitants of such town shall be at the time incorporated, it shall be the 
duty of the corporate authorities of such town, or, if not incorporated, then of the 
probate judge of the county in which such town site is situated, whenever called on 
by any of the occupants of such town, aud the money, for the entrance of such town 
site, furnished, to enter such town site under the act of Congress in such case made 
and provided. 

Sec. 2. When a town site is entered under the above recited act of Congress, by 
the corporate authorities of any incorporated town, deeds shall be made by the 
mayor, or other chief officer of such town for the time being, and said deed or deeds 
shall be attested by the city clerk or register, and shall be signed by such mayor, or 
other chief officer, under the corporate seal of said city, attested by said city clerk 
or register, if said city shall have a corporate seal ; and, if it shall have no seal, under 
the scrawl [scroll] or private seal of said mayor or other officer, attested by the city 
clerk or register, as aforesaid. 

Sec. 3. In all cases where town sites have been, or shall hereafter be, entered in 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXXV 

this State by the probate judge of the county, for the use of the inhabitants thereof, 
as prescribed by law, it shall be the duty of such judge, so entering such site, bo 
convey the same to the occupants and inhabitants of such town site according to 
their respective interests, in the manner hereinafter prescribed, 

Sec. 4. At any time after the entry of any such town site, the probate judge of the 
county in which such town may be situated may appoint three commissioners, who 
shall not be residents of such town, or the owners of any interests therein ; and it 
shall be the duty of such commissioners to cause an actual survey of such site to 
be made, conforming, as near as may be, to the original survey of such town, desig- 
nating, on such plat, the lots or squares on which improvements are standing, with 
the name of the owner or owners thereof, together with the value of the same. 

Sec. 5. Said commissioners shall, as soon as the survey and plat shall be completed, 
cause to be published, in some newspaper published in the county in which such 
town is situated, a notice that such survey has been completed, and giving notice fco 
all persons concerned or interested in such town site that, on a designated day, the 
said commissioners will proceed to set off to the persons entitled to the same, according 
to their respective interests, the lots, squares or grounds, to which each of. the occu- 
pants thereof shall be entitled. Such publication shall be made at least thirty days 
prior to the day set apart by such commissioners to make such division. 

Sec. 6. After such publication shall have been duly made, the commissioners shall 
proceed, on the day designated in such publication, to set apart to the persons en- 
titled to receive the same, the lots, squares or grounds to which each shall be entitled, 
according to their respective interests, including, in the portion or portions set apart 
to each person or company of persons, the improvements belonging to such persons or 
company. 

Sec. 7. After the setting apart of such lots or grounds and the valuation of the 
same, as hereinbefore provided for, the said commissioners shall proceed to levy a tax 
on the lots and improvements thereon, according to their value, sufficient to raise 
a fund to re-imburse to the parties who may have entered such site, the sum or sums 
paid by them in securing the title to such site, together with all the expenses accru- 
ing in perfecting the same, the fees due the commissioners and the surveyor for their 
respective services, and other necessary expenses connected with the proceedings. 

Sec. 8. Such commissioners shall make due return of their proceedings, to the pro- 
bate judge, within ten days after the completion of their duties under this act, and 
shall, with such return, file all the papers, plats, valuations and assessments con- 
nected with such proceedings. 

Sec. 9. The said probate judge shall then proceed to collect the taxes, levied as 
aforesaid, and he shall make deeds to the lots so set apart to the various parties en- 
titled to the same : but no deed shall be made to any person until such person shall 
have first fully paid all the tax or assessment so levied against him ; and in case any 
person shall refuse or neglect to pay such tax or assessment, so made against him, the 
probate judge may proceed to offer such lots and improvements for sale, to the high- 
est bidder, first giving such public notice as may be required in case of execution 
against the lands and tenements of a debtor in the district court. 

Sec. 10. The probate judge shall re-imburse the party or parties who may have en- 
tered and secured the title to such site, together with ail necessary expenses incurred, 
out of the fund thus provided, taking their receipts therefor; which receipt shall be 
filed with the papers returned by the commissioners, and kept by him among the rec- 
ords of his court. 

Sec. 11. Deeds made by the probate judge in pursuance of this act shall be ac- 
knowledged by him, and may be recorded with like effect as other deeds. 

Sec. 12. All persons who select and lay out a town site, and their assigns, shall be 
deemed occupants of said town site and the lots embraced therein, within the meaning 
of the above recited act of Congress, and deeds shall be made accordingly. 

Article II.— Perfecting title to town lots. 



§ 13. Owners of land deemed a copartnership as 
to such property, when. 

14. In case of death' of member, lands to be 

deemed assets of copartnership ; right of 
survivors. 

15. Heirs at law of deceased partner shall ful- 

fill agreement of ancestor, how. 

16. Heirs to join with surviving partner in ac- 

knowledging and filing plat, when. Pro- 
viso. 

17. Resident surviving partner may commence 

action against heirs, or non-resident part- 
ners or joint owners, when; proceedings. 



§ 18. Deed of surviving partner, effectual to con- 
vey right, title, and interest of minor heirs 
or parties to action. 

19. Acknowledgment of map or plat by surviv- 

ing partners ; its force and effect. 

20. Surviving partners to give bond with surety, 

before commencing action. 

21. Power of district court. 

22. Agreement in certain cases valid, and may 

be enforced. 



CXXXVI REPORT OF THE SECRETARY OF THE INTERIOR. 
Article III. — Vacating town sites. 



§ 23. Lands set apart for towns, but unoccupied 
as such, declared vacated ; to be restored 
to their original condition under TJ. S. 
surveys. 



§ 24. Procedure for deciding whether lands come 
under provisions of preceding section. 



Sec. 25. This act shall take effect and be in force from and after its publication in 
the statute book. 
Approved, March 2, 1868. 

Note. — This act took effect October 31, 1868. See Revised Statutes of Kansas, 1889, 
p. 7038. 



OKLAHOMA TOWN SITES. 

Regulations provided by the Secretary of the Interior for the guidance of trustees in the 

execution of their trust. 

Department of the Interior, 

Washington, D. C, June 18, 1890. 
To the trustees of town sites in the TJ. S. land districts, Oklahoma Territory: 

By virtue of the authority vested in me by an act of Congress approved May 14, 1890, 
entitled "An act to provide for town site entries of lands in what is known as 'Okla- 
homa,' and for other purposes," I have prepared the following rules and regulations 
for your observance and direction in the execution of the trust thereby created : 

1. In the performance of your duties you will bear in mind the provisions of sec- 
tions 12 and 13 of the act of Congress approved March 2, 1889 (25 Stats., 1004), by 
virtue of which the Indian title to said " Oklahoma" was extinguished and the lands 
therein made a part of the public domain, and special attention is directed to that 
part of the President's proclamation of March 23, following, opening a portion of the 
Territory of Oklahoma to settlement, which reads — 

" Warning is hereby again expressly given that no person entering upon and occu- 
pying said lands before said hour of twelve o'clock, noon, of the twenty-second day 
of April, A. D. eighteen huudred and eighty-nine, hereinbefore fixed, will ever be 
permitted to enter any of said lands, or acquire any rights thereto, and that the offi- 
cers of the United Stales will bo required to strictly enforce the provision of the act 
of Congress to the above effect." 

No person who went into said Territory in violation of said proclamation will be 
allotted any portion of a town site, and you will recognize no claim filed by such 
person in making your allotments. 

2. As soon as you are officially advised by the Secretary of the Interior of the town 
site, or town sites, which you are to enter as trustees, and have qualified before an 
officer having a seal, and duly authorized to administer oaths, by taking and sub- 
scribing the following oath, or affirmation : 

" 1 c'o solemnly swear (or affirm) that I have no interest either directly or indirectly 

in the town site of , or any part or parcel thefeof ; that 1 will faithfully 

discharge the duties of my office, and execute the trust imposed upon me with fidel- 
ity ; that I will impartially hear, try, and determine all controversies submitted to 
me fairly ami justly, according to the law and the evidence free from bias, favorit- 
ism, prejudice, or personal influence of any kind or character whatever. So help mo 
God. (Or, if by affirmation, 'under the pains and penalties of perjury.')"; you will 
proceed to discharge the duties imposed on yon by law and these rules and regula- 
tions. Your several boards are, as required by the statute, composed of three trus- 
tees. Your several commissions have designated your respective boards, and each 
board will act as a separate body as to the particular town site to which it is as- 
signed. 

3. All applications heretofore filed in the proper land office will be prosecuted to 
final issue in your names as provided in section 6 of act uflder which you are ap- 
pointed. In case you find a contest or controversy pending betw r een a homestead 
entryman and the occupants of the town site to which you are assigned, involving 
the title to any portion of the land occupied for town-site purposes, you will at once, 
as a board, and before taking any other step or proceeding, make application at the 
local office in the district where the town site is situate to intervene and be made 
parties to the proceeding, and thereupon the case will be made special and disposed 
of as expeditiously as the transaction of public business will permit, asnoentry can 
be completed untilafter the contests are disposed of. Publication of intention to 
make proof must be for five days, and the proof of publication may be as in ordinary 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXXVII 

cases. The proof shall relate to actual occupancy of the land for the purposes of 
trade and business, number of inhabitants, and extent, and value of town improve- 
ments. 

4. The entry is to be made by you as trustees as near as may be conformably to 

section '2:187 of the Revised Statutes and in trust for the use and benefit of the occu- 
pants of the town site according to their respective interests and at the minimum 

price, $i.25 per acre. No provision is made in t lie act for the payment of the entry 
fees and the price of the land, and as the entry must be made before the town site 
can be allotted, you may call upon the occupants thereof to furnish the requisite 
amount to pay the Government for said land, keeping an accurate account th reof, 
and giving your receipt therefor, and when realized from assessment and allotment, 
you will refund the same, taking evidence thereof, to be filed with your report in the 
manner hereinafter directed. 

5. Section one of said act of May 14 requires me to provide rules and regulations 
for the survey of the land occupied for town-site purposes into streets, alleys, squares, 
blocks, and lots, or to approve such survey as may already have been made by the 
inhabitants thereof, and section five of said act makes the provisions of sections 
four, five, six, and seven of the act of the legislature of the State of Kansas entitled 
"An act relating to town sites," approved March 2, 1868, so far as applicable, a part 
thereof. 

Section four of the Kansas act adopted requires you to cause an actual survey of 
the town site to be made, conforming as near as may be to the original survey of 
such town, designating on such plat the lots or squares on which improvements arc 
standing, together with the value of the same and the name of tho owner, or owners 
thereof; hence, if you deem it advisable to survey the town site assigned you, you 
will observe this rule in connection with the first proviso of section twenty-two of 
Oklahoma Territorial bill, approved May 2, 1890; but if the town site has already 
been surveyed by the inhabitants thereof and you are satisfied that the same is 
correct and in harmony with the spirit of the act under which you are appointed, 
you may approve and adopt such survey, making the designation on the plat thereof 
as required bv said section four so far as the same is applicable under said act of 
May 14. 

6. In any event, you will, as soon as you definitely fix the survey, cause to be des- 
ignated on each of said plats the lots and blocks occupied, together with the value 
ot the same, with the name of the owner, or owners, thereof ; you will also designate 
all squares, parks, and tracts reserved for public use, or sites for public buildings, 
and all lots occupied by any religious organization which are subject to disposal 
under the provisions of said act. The designation of an owner on such map shall be 
temporary until final decision of record in relation thereto, and shall in no case be 
taken or held as in any sense or to any degree a conclusion or judgment by the board 
as to the true ownership in any contested case coming before it. 

7. You will observe that no town site can embrace any greater number of legal suit- 
divisions than are "covered by actual occupancy for the purposes of trade and busi- 
ness," and in no case can it exceed twelve hundred and eighty acres; hence, in making 
your survey of the land "into streets, alleys, squares, blocks, and lots," or the ap- 
proval of such survey as may have been made by the inhabitants of the town site, 
when you deem the same sufficient, you will determine the area thereof by legal sub- 
divisions so occupied for such purposes. 

- 8. As soon as the survey and plat are completed as aforesaid, you will cause to be 
published, in some newspaper printed in the county in which said town is situated, a 
notice that such survey has been completed, notifying all persons concerned or in- 
terested in such town site that on the designated day you will proceed to set off to 
persons entitled to the same, according to their respective interests, the lots, blocks, 
or grounds to which each occupant thereof shall be entitled, under the provisions of 
said act. Such publication shall be made at least fifteen days prior to the day set- 
apart by you to make such division and allotment. Proof of such publication shall 
be evidenced by the affidavit of the publisher of the newspaper in which such notice 
is printed, accompanied by a printed copy of such notice. 

10. After such publication shall have been duly made, you will proceed on the day 
designated in the notice, except in contest cases, which shall be disposed of in the 
manner hereinafter provided, to set apart to the persons entitled to receive the same 
the lots, blocks, and grounds to which each party or company shall be entitled ac- 
cording to their respective interests, including in the portion or portions set apart to 
each person or company of persons the improvements belonging thereto, and in so 
doing you will observe' that section 2 of said act of May 14, 1890, provides that any 
certificate or other paper evidence of claim duly issued by the authority recognized 
for such purpose by the people residing upon any town site subject to entry, shall be 
taken as evidence of the occupancy by the holder thereof of the lot or lots therein 
described, except where there is an adverse claim to said property such certificate 
shall only be prima facie evidence of the claim of occupancy of the holder. But any 



CXXXVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

person holding any such certificate who went into said Territory prior to the hour of 
twelve o'clock, noon, on the 22d day of April, 1889, in violation of said proclamation, 
shall not be held to have acquired any rights thereunder. 

11. When the survey is finally completed it will he certified to by you in quadru- 
plicate as follows : 

"We, the undersigned, trustees of the town site of , Oklahoma Terri- 
tory, hereby certify that we have examined the survey of said town site and approve 
the foregoing plat thereof as strictly conformable to said survey in accordance with 
the act ot Congress approved May 14, 1890, and our official instructions." 

One of said plats shall be riled in the land office in the district where the town site 
is located, one in the office of the register of deeds in the county in which the town 
site is situate, one in the office of the Commissioner of the General Land Office, and 
one retained in your custody for your own use. 

12. Whenever you find two or more inhabitants claiming the same lot, block, or 
parcel of land, you will proceed to hear and determine the controversy, fixing a time 
and place for the hearing of the respective claims of the interested parties, giving 
each ten days' notice thereof, and a fair opportunity to present their interests in ac- 
cordance with the principles of law and equity applicable to the case, observing as 
far as practicable the rules prescribed for contest before registers and receivers of 
the local offices; you will administer oaths to the witnesses, observe the rules of evi- 
dence as near as may be in making your investigations, and at the close of the case, 
or as soon thereafter as your duties will permit, render your decision in writing. 

If the notice herein provided for can not be personally served upon the party therein 
named within three days from its date, such service may be made by printed notice 
published for ten days in a newspaper in the town or city in which the lot to be 
affected thereby is situated; or, if there is none published in such town, then said 
notice may be printed in any newspaper in the county, or if there is none published 
in the county, then in one printed in the Territory. The proof of such notice to be 
filed with the record, and may be made as provided in these rules and regulations in 
other cases. The proceedings in these contests should be abbreviated in time and 
words or your work may not be completed within the limits of any reasonable period 
of time or expense. 

13. Any person feeling aggrieved by your judgment may, within ten days after 
notice thereof, appeal to the Commissioner of the General Land Office under the rules, 
(except as to time) as provided for appeals from the opinions of registers and receiv- 
ers, and if either party is dissatisfied with the conclusions of said Commissioner in 
the case, he may still further prosecute an appeal within ten days from notice thereof 
to the Secretary of the Interior upon like terms and conditions and under the same 
rules that appeals are now regulated by and taken in adversary proceedings from 
the Commissioner to the Secretary except as modified by the time within which the 
appeal is to be taken. Such cases will be made special by the Commissioner and 
the Secretary and determined as speedily as the public business of the Department 
will permit, but no contest for particular lots, blocks, or grounds shall delay the 
allotment of those not in controversy. 

14. All costs in such proceedings will be governed by the rules now applicable to 
contests before the local land offices. 

15. After setting apart such lots, blocks, squares,or grounds, and upon a valuation 
of the same, as hereinbefore provided for, you will proceed to determine and assess 
upon such lots and blocks according to their value, such rate and sum as will be 
necessary to pay for the lands embraced in such town site, costs of survey, convey- 
ance of lots, and other necessary expenses, including compensation of trustees as pro- 
vided for in said act, and in so doing you will take into consideration : 

First. The ten thousand dollars ($10,00u) apropriated by said act of May 14, 1890, 
and such further sum as may be appropriated by Congress, before said assessment is 
made, for the purpose of carrying into effect the terms of said act, which is to be re- 
funded to the Treasury of the United States; but, of course, only so much thereof as 
it will be necessary to use. 

Second. The money expended for entering the land. 

Third. The costs of survey and platting the town site. 

Fourth. The expenses incident to making the conveyances. 

Fifth. The compensation of yourselves as trustees. 

Sixth. The compensation of your clerk. 

Seventh. The necessary traveling expenses of yourselves and clerk. 

Eighth. All necessary expenses incident to the expeditious execution of your trust. 

More than one assessment may be made, if necersary to effect the purposes of the 
act of Congress. 

16. From each board the Secretary of the Interior will designate a chairman and 
a secretary. The secretary shall keep the minutes and a record of your proceedings, 
and an accurate account of all money received and paid out, taking and filing proper 
vouchers therefor in the manner hereinafter provided; he shall also be the disburs- 



REPORT OF THE SECRETARY OF THE INTERIOR. CXXXIX 

ing officer of the board, shall receive and pay out all moneys provided for in said act, 
subject to the supervision of the Secretary of the Interior; and he shall, before en- 
tering upon duty, take the official oath, and also enter into a bond to the United 
States in the penal sum of ten thousand dollars for the faithful discharge of his du- 
ties, both as now prescribed and furnished from the Department of the Interior. The 
money in the hands of the disbursing officer shall at all times bo subject to the con- 
trol and order of 'the Secretary of the Interior, and the sum appropriated by Congress 
which is to he refunded to the Treasury of the United States shall he paid over to 
the Treasurer thereof at such times in such sums and in such manner as the Secretary 
of the Interior may direct. 

17. There shall be a clerk for each board, who shall also be a stenographer, if 
available, to be appointed by the Secretary of the Interior, who shall do all the cler- 
ical and stenographic work of the board and secretary thereto, and, under its control 
and direction, subject to the general supervision of the Secretary of the Interior. 

18. The minutes of each day's proceedings shall be completed and written out in 
ordinary handwriting, or type-written, and duly signed by the chairman and secre- 
tary before the next day's business shall be begun, and shall not thereafter be 
changed, except by a further record, stating accurately the changes intended and 
ordered, and the reasons therefor. This is not intended to include the testimony or 
other than actual decisions, orders, and proceedings of the board. 

19. All payments of money by the inhabitants of the town site for lots and blocks 
shall he in cash and made only to the disbursing officer, who shall receipt therefor 
in duplicate, one to be given the party making the payment,.and the other to be 
forwarded to the Commissioner of the General Land Office, and said officer shall charge 
himself with each payment on his books of account, and he shall deposit all sums 
received by him at least once a week, and, when practicable, daily, in some bank 
designated by the board, and he shall pay the same out only on his checks counter- 
signed by the chairman of the board of which he is secretary, which checks, after 
they are honored, shall be filed with his accounts as vouchers. 

20. Upon the payment to the disbursing officer of all sums assessed by you upon 
any lot, block, or parcel of land by the person entitled thereto, and not before, you 
will proceed to execute him a deed therefor pursuant to the terms of said act. All 
conveyances made by you shall he acknowledged before an officer duly authorized 
in said Territory to take acknowledgments of deeds. The form of deed and 
acknowledgment will be forwarded you. 

21. All lots owned by any religious organization will, upon the payment of the 
assessments thereon, be conveyed by you to it directly, or in trust for the use and 
benefit of the same at its option. 

22. You will ascertain and submit to the Secretary of the Interior a statement 
showing separately : 

First. All lots not disposed of under the provisions of said act which are subject to 
be sold under the direction of the Secretary of the Interior for the benefit of the 
municipal government of the town or city controlling the town site which you are 
directed to allot. 

Second. Such part thereof as may be reserved for public use as sites for public 
buildings. 

Third. For the purpose of public parks. 

23. You will be allowed ten dollars per day for each day's service when you are 
actually engaged and employed in the performance of your duties as such trustees; 
your necessary traveling expenses ; and three dollars a day for your subsistence. 
But these sums may be reduced in either board at the will of the Secretary of the 
Interior if he deems it for any cause necessary. 

24. The clerk of the board, when not a clerk already in government employment 
and assigned to the board for duty, will be allowed as compensation for his services 
at the rate of one hundred dollars a month ; he will also be allowed his actual neces- 
sary traveling expenses. All expenses of members of the board and the clerk shall 
be reported to and adjusted by the Commissioner of the General Land Office at the 
end of each week after you commence executing conveyances for the lots and blocks 
on the town site; before that, monthly on the first day of the month. 

25. The account of all your expenses and expenditures, together with a record of 
your proceedings, which, with your oath of office, and all papers filed with you, the 
records in each case, and all evidence of your official acts, except conveyances, you 
will file in the office of the Commissioner of the General Land Office to become a part 
of the records therein. 

26. Where any one occupying and filing for a homestead obtains a patent for a 
town site under section 22 of the Oklahoma Territorial act, approved May 22, 1890, 
such town site will not be affected by the provisions under which you are appointed, 
and you can not act in any such case. 

27. You will correspond with the Commissioner of the General Land Office, and 
only through him with the Secretary, so that a complete record thereby may be kept 
in the Land Office. 



CXL REPORT OF THE SECRETARY OF THE INTERIOR. 

It is believed that the foregoing regulations, together with copies of the laws 
referred to therein, and copies of the rules and regulations furnished registers and 
receivers in contested cases and appeals will be found sufficient for the proper deter- 
mination of all cases which may arise, but should unforeseen difficulties present 
themselves, you will submit the same for special instructions. 

In view of the fact that the expenses incident to the allotment of town sites by 
the provisions of this act are necessarily burdensome to those interested therein, you 
will be expected to proceed as expeditiously as is consistent with a due regard to 
the proper performance of your duties in disposing of the trust herein imposed upon 
you. It is hoped that you will, from a sense of duty, relieve as much as possible the 
inhabitants of the town sites under your control from unnecessary delays, fees, and 
expenses. 

Very respectfully, 

John W. Noble, 

Secretary. 



OKLAHOMA TOWN- SITES. 

Department of the Interior, 

Washington, D. CI, July 10, 1890. 
To the trustees of town sites in the JJ. S. land distr icis, Oklahoma Territory : 

To remove auy doubts that may exist under regulations dated June 18, 1890, as to 
how the costs of contests are to be paid, you are hereby instructed that your first duty, 
as stated in section U) and the last clause of section i'.i, is to proceed on the day des- 
ignated in the notice published, to set apart, except in contest cases, the lots, blocks, 
and grounds, with the improvements, respectively, to each person or company entitled 
thereto. You will at this point, and before proceeding to contests, make assessment 
on all the lots embraced in the town site, so that each shall bear its fair proportion 
of all the expenses mentioned in section 15, and no further assessments shall be made 
on uncontested lots that may be required to meet expenses resulting from contests as 
to other property. You will then, and not before, proceed to dispose of the contested 
cases, and you will require each claimant to deposit with the disbursing officer of the 
board each morning, a sum sufficient to cover and pay all costs and expenses on such 
proceedings for the day, including the items mentioned in regulation numbered 15, 
because by section 8 of the act of Congress, under which you are to proceed, all dis- 
bursements from the appropriation made must be refunded to the Treasury of the 
United States. At the close of the contests, on appeal or otherwise, the sum deposited 
by the successful party shall be restored to him subject to the rules iu such cases; 
but that deposited by the losing party shall be retained and accounted for by the dis- 
bursing officer of the board. 

Very respectfully, John W. Noble, 

Secretary. 



Department of the Interior, 

Washington, August 4, 1890. 

My Dear Governor: I have yours of the 29th instant, pointing out the evil of 
false contests now being carried on among parties, referring to one, being W. S. 
Smith. I have caused a letter to be written to the trustees composing the boards of 
trustees, as follows : 

"You will entertain no contests unless the contestant appears in person, or by 
attorney duly appointed under a power of attorney in ordinary form, signed and 
sworn to before a notary public, clerk of the court, United States commissioner, or 
other officer having the power to administer oaths, with his seal of office attached, 
or certificate of the county clerk, that he holds the office he claims. The object of 
this requirement is to prevent contests being carried on in the names of 'straw 
men 7 by unprincipled attorneys who pretend to represent them. 

"Your attention is called to those provisions of the United States Statutes that make 
it a crime for auy one to present a power of attorney falsely executed, or by which it 
is attempted to commit any fraud under the United States law." 

I think that this letter to them will be sufficient to stop the evil complained of, 
which, if it were to be carried on to any considerable degree, would indeed be very 
injurious to the honest owners of the lots. 

I thank you for your suggestion, and am always glad to hear from yon and to re- 
spond. 

Yours, truly, 

John W. Noble, 

Hon George W. Steele, Secretary. 

Governor, Guthrie, Oklahoma. 



REPORT OF THE SECRETARY OF THE INTERIOR. CXL1 

Department oe the [nterior, 

Washington, August 18, 1890. 
To the trustees of town sites in Oklahoma Territory : 

It has been brought to my attention that the provisions of rule 42, for the guid- 
ance of registers and receivers in taking testimony in contesl cases, which arc made, 
a part of the rules for your observance in allot tint;- lots on town sites in Oklahoma, 
may delay the progress of your work by requiring each witness in the case on trial 
to await the transcribing of the stenographer's notes to sign his testimony before 
you can proceed to the consideration of another case. The rule is therefore, so far as 
your duties are concerned, modified in all cases or instances yon deem lit to omit 
transcribing testimony until it is required for use in the case on appeal, or other- 
wise. You will, in such cases, direct the testimony to be written out, and, as a hoard, 
certify that the evidence so transcribed is the true and correct 'transcript thereof 
as given by the witnesses upon the trial, which certificate shall stand in Lieu of the 
signature of the witnesses, and the evidence so certified shall be treated on appeal 
by the Commissioner of the General Land Office and the Secretary of the Interior and 
given the same consideration as though signed by each witness iu accordance with 
the provisions of said rule 42. 

Any witness may, however, be detained and required to sign whenever the board 
requires it. To this extent and no further is rule 42 modified. 
Very respectfully, 



(Through the Commissioner of the General Land Office.) 



John W. Noble, 

/Secretary. 



Department of toe Interior, 

Washington, August 21, 1890. 
Sir: To avoid delays likely to occur in the prosecution of appeals in town-site 
cases in the Territory of Oklahoma, under existing rules, whether as to original loca- 
tion of lots, or otherwise, now pending, or that may hereafter arise, it is deemed 
advisable to modify the rules of practice relative to appeals, rehearing, and motions 
for reviews, relating thereto, so that time allowed for taking appeal and serving- 
notice thereof, with due specifications of error and argument, shall in all cases be 
limited to ten days from receipt of notice of the decision, with a like period allowed 
the appellee after he or his attorney of record shall have received notice of said ap- 
peal, specifications of error, and argument, within which to file argument in response. 
AH motions for review and rehearing shall be filed within ten days after the judg- 
ment complained of, as herein provided for in case of appeal. If neither party shall 
present his appeal, or motion for review, within the time herein provided for, you 
will consider the case closed and proceed accordingly. 
Very respectfully, 

John W. Noble, 

Secretary. 
The Commissioner of the General Land Office. 



Department of the Interior, 

General Land Office, 
Washington, D. C, June 13, 1800. 

Sir : Iu view of the fact that I have recently spent a few days in Oklahoma making 
investigations respecting the local land offices, and the manner of transacting public 
business in said offices, I would respectfully beg leave to submit the following re- 
specting the condition of the town lots in said Territory, and the manner in which 
said lots were obtained and are now held to the great injustice of the bona fide citi- 
zens of the United States, who claim title to said lots, and who are in the Territory 
under the provisions of the law of Congress and proclamation of the President of the 
United States, providing for the settlement of said Territory : 

First. There are three classes of lot-holders in Guthrie, and probably in all of the 
other towns of the Territory, relative to whose status it w r ould seem as if instructions 
ought to be given. 

Second. The classes referred to may be divided as follows : 

(1) That class of persons who entered the Territory of Oklahoma prior to 12 
o'clock, noon, of April 22, 1889, and settled upon lots and who have received certifi- 
cates for the same, and who still retain such lots. 

(2) That class of persons who entered the Territory of Oklahoma prior to 12 o'clock 



CXLII REPORT OF THE SECRETARY OF THE INTERIOR. 

noon of April 22, 1889, and who afterwards purchased certificates entitling such 
parties to possession of lots from persons who were in the Territory in violation of 
law, and also from persons who came into the Territory legally. 

(3) That class of persons who are holding possession by certificate or otherwise of 
lots upon which no improvements have been made. 

It is a fact, aud said fact is presumably within the knowledge of the Department, 
that all the valuable lots in Guthrie and the principal towns of the Territory were 
located by men who were in the Territory prior to 12 o'clock noon of April 22, 1889, 
and that such persons obtained control of the affairs of the towns and organized 
what are called " boards of arbitration." Such " boards," in determining the right 
of persons to hold lots, did not consider the entering of the Territory prior to 12 
o'clock noon of April 22, 1889, any bar against a person holding lots, and, inasmuch 
as all the valuable lots were located by such persons, it follows that certificates were 
primarily given to men who were there in violation of law. Many persons coming 
within the class referred to sold the lots originally located by them and afterwards 
purchased other lots or traded their certificates for other certificates and are not now 
claiming any property by original location. 

From a personal inspection of the cities of Kingfisher and Guthrie I observed that 
there are hundreds of lots where there are no improvements of any character more 
substantial than four or six posts with a single wire strung around the lot, and on 
many lots there are no improvements whatever. 

Whether the framers of the act of May 14, 1890, intended to award such lots to the 
holders of the certificate is a very vital question to many bona fide citizens who have 
much better claim to the lots than have the holders of the illegal certificates which 
were issued by the arbitrary action of men who illegally entered the Territory and 
controlled the town organizations by virtue of their compact and organized system of 
action. 

Upon this branch of the law the commissioners, it would seem, ought to have the 
most explicit instructions and interpretation of the legal propositions that will arise 
under the act of May 14, 1890, and confront the boards in dealing with this important 
matter. 

The cities and towns of Oklahoma were located and settled in a day, and many 
persons located lots, the boundaries of which do not conform to the survey as run by 
the town authorities, but such persons have at all time since, in so far as the town 
governments would allow, held possession of their original locations. 

Query: Did their right attach prior to the survey ; and, if so, will they be permit- 
ted to retain possession of the parcel located by them ? 

Contests should be made easy and inexpensive, as the so-called " Sooners" and vio- 
lators of law are in possession, and have held and received the income from the lots 
to the present, and the innocent citizens who are the law-abiding aud wronged class, 
are the contestants, and have been out of possession and at all expense to the present 
aud without return from the lots claimed. 

As many abortions in the name of justice have already resulted in the Territory, 
plenty of time should be given the commissioners to adjust the interests and rights of 
the people under the act of May 14, 1890. 

There is a firm of gamblers who came into the city of Guthrie prior to 12 o'clock 
noon on the 22d of April, who now hold a very large number of certificates for lots 
issued to "Sooneis." These certificates were lost at the gaming table, or hypothe- 
cated to the firm for the chips or checks used as money at their gaming tables. I 
any instructions can be issued to the commissioners by which they can ascertain the 
source from which holders of certificates became possessed of same, and where the 
same were obtained without a valuable legal consideration to annul the certificates, 
such instructions would release many lots from present illegal holders. 

On 8th of August last, sonic 200 lots were unclaimed by certificates, and on said 
date or within a day or two, these 200 lots were disposed of to straw men, in blocks 
of 25 to 85, and these certificates assigned to other parties to the scheme, by these 
straw men. Some have been assigned to innocent purchasers. The face of the cer- 
tificate and the assignment on back are in the same hand-writing. That a most 
stupendous fraud was committed goes without saying, and the source of all titles 
should be closely scrutinized, and when illegal the certificates should be annulled. 
Respectfully, 

W. D. Harlan, 
Inspector , General Land Office, 

Hon. J. W. Noble, 

Secretary of the Interior. 



Appendix C. 

POPULATION OF THE UNITED STATES BY STATES AND TERRITORIES, 

1890. 

Department of the Interior, 

Pensus Office, 
Washington, D. C, October 28, 1890. 

Sir: I Lave the honor to submit herewith a statement showing the population of 
the United States according to the Eleventh Census. The large clerical force and 
improved methods have allowed a very rapid progress in the compilation and tabu- 
lation of results, and this report will be followed within a short time by other bulle- 
tins relating to the population. The special work of the census is so far advanced 
that bulletins relating thereto will now be issued at frequent intervals during the 
next few months. The field- work of the census is nearing completion, and by the 
end of this year will be practically finished. The work of tabulation is being rapidly 
pressed forward, in order to begin the publication of the volumes as soon as possible. 

The population of the United States on June 1, 1890, as shown by the first count of 
persons and families, exclusive of white persons in Indian Territory, Indians on res- 
ervations, and Alaska, was 62,480,540. These figures may be slightly changed by 
later and more exact compilations, but such changes will not be material. In 1880 
the population was 50,155,783. The absolute increase of the population in the ten 
years intervening was 12,324,757, and the percentage of increase was 24.57. In 1870 
the population was stated as 38,558,371. According to these figures the absolute in- 
crease in the decade between 1870 and 1880 was 11,597,412, and the percentage of 
increase was 30.08. 

Upon their face these figures show that the population has increased between 1880 
and 1890 only 727,345 more than between 1870 and 1880, while the rate of increase has 
apparently diminished from 30.08 to 24.57 per cent. If these figures were derived 
from correct data, they would be indeed disappointing. Such a reduction in the rate 
of increase in the face of the enormous immigration during the past ten years would 
argue a great diminution in the fecundity of the population or a corresponding in- 
crease in its death rate. These figures are, however, easily explained when the 
character of the data used is understood. It is well known, the fact having been 
demonstrated by extensive and thorough investigation, that the census of 1870 was 
grossly deficient in the Southern States, so much so as not only to give an exagger- 
ated rate of increase of the population between 1H70 and 1880 in these States, but to 
affect very materially the rate of increase in the country at large. 

These omissions were not the fault nor were they within the control of the Census 
Office. The census of 1870 was taken under the law which the Superintendent, Gen- 
eral Francis A. Walker, characterized as "clumsy, antiquated, and barbarous." 
The Census Office had no power over its enumerators save a barren protest, and this 
right was even questioned in some quarters. In referring to these omissions the 
Superintendent of the Tenth Census said in his report in relation to the taking of the 
census iu South Carolina: "It follows, as a conclusion of the highest authority, 
either that the census of 1870 was grossly defective in regard to the whole of the 
State or some considerable parts thereof, or else that the census of 1880 was fraudulent." 
Those, therefore, who believe in the accuracy and honesty of the Tenth Census— and 
that was thoroughly established — must accept the other alternative offered by Gen- 
eral Walker, namely, that the Ninth Census was " grossly defective." What was 
true of South Carolina was also true, in greater or less degree, of all the Southern 
States. 

There is, of course, no means of ascertaining accurately the extent of these omis- 
sions, but in all probability they amounted to not less than 1,500,000. There is but 
little question that the population of the United States in 1870 was at least 40,000,000, 
instead of 38,558,371, as stated. If this estimate of the extent of the omissions in 
1870 be correct, the absolute increase between 1870 and 1880 was only about 10,000,000, 
and the rate of increase was not far from 25 per cent. These figures compare much 
more reasonably with similar deductions from the population in 1880 and 1890. 

Omitting from consideration those States in which the census of 1870 is known or 
is presumed to have been faulty, the rate of increase between 1870 and 1880 in the 
remaining States has been very nearly maintained in the decade between 1880 and 
1890. Referring to the principal table of the bulletin, the census of 1870 is known or 

CXLIII 



CXL1V REPORT OF THE SECRETARY OF THE INTERIOR. 

is presumed to have been deficient in nearly all the States of the South Atlantic and 
Southern Central divisions, while in the North Atlantic, Northern Central, and West- 
ern divisions no evidence of incompleteness has been detected. 

The population of these three last-named divisions in 1870, 1880, and 1890, the ab- 
solute increase for the two decades, and the rate of increase, is set forth in the follow- 
ing table : 



Tear. 


Population. 


Increase 

in 

population. 


Percentage 

of 

increase. 


1870 t- 


26, 270, 351 
33,639.215 
42, 693, 68.' 






1880 


7, 368, 864 
9, 054, 467 


28.1 


1890 


26,9 





It will be seen that the absolute increase between 1880 and 1890 exceeded that be- 
tween L870 and 188U by 1,685,603, and that the proportional increase was but 1.2 per 

cent. less. 

Population of the United States in 1890, as. compared with 1880 and 1870, by Stales and 
Territories, showing the increase by number and percentages from lb80 to 1890, from 1870 
to 1880, and from I860 to 1870. 

[The figures for 1890 in this table are not final, but are subject to revision. ] 



States and Terri- 
tories. 



The United 
States 



North Atlantic 
division 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania 

South Atlantic 
Division .. 

Delaware 

Maryland 

District of Colum- 
bia 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia. 

Florida 

Northern Cen- 
tral division. 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas 



Population. 



1890. 



62,480,540 50,155,783 



17,364,429 14,507,407 



660, 261 

375, 827 

332, 205 
2,233,-107 

345, 343 

745,861 
5. 981, 934 5, 082, 871 
1,441,017 1,131,116 
5,248,574 4,282,891 



648, 936 
346,9 H 

1, 783, 085 
276,531 
622, 700 



8,836,759 7,597,197 



167, 871] 
1, 010, 431 

229, 796 
1, 648, 911 

760, 448 
l,617,34u 
1,147,161 
1, 834, 366 

390, 435 



146, 608 
934, 943 

177, 6X4 
1, 512, 565 

618, 457 
1,399,750 

995, 577 
1, 542, 180 

269, 493 



22,322,15117,364,111 



3,66(3,719 
2,189,030 
3,818,536 

2, o89. 792 



1, 683, 697 
1,300,017 

1, 906, 7-29 

2, 677, 080 
182, 425 
327, 848 

1, 056, 793 
1, 423, 4fe5 



3, 198, 062 

1, 978, 301 

3, 077, 871 

1, 636, 937 

1,315,497 

780, 773 

1, 624, 615 

2, 168, 380 

36,! 

98, 268 

452, 402 

996, 096 



1870. 



558, 371 



12,298,730 



626, 915 
318, 300 
330. 551 

1, 457, 351 
217, 353 
537, 454 

4,382,759 
906, 096 

3, 521, 951 



5, 853, 610 



125, 015 
780, 894 

131, 700 

1,225,163 
412,014 

1, 071, 361 
705, 606 

1,184,109 
187, 748 



Increase from 
1880 to 1890. 



Number. 



12, 324, 757 



, 857, 022 



11,325 

28, 836 

a81 

450, 322 

68,812 

123, 161 

899, 063 

309, 901 

965, 683 



1, 239, 562 



21, 263 
105,488 

52, 172 
136, 346 

141,991 
217, 51)0 
151,584 
292, 186 
120, 942 



12,981,111 4,958,040 



2, 665, 260, 

1, 680, 037, 

2, 539, 891 1 
1, 184, 059; 
1,054,670 

439, 706 
1,194,020, 
1,721,295 

} 14, 181 

122,993: 
364, 399' 



468, 657 
210, 729 
740,665 
452, 855 
368, 200 
519,244 
282,114 
508, 700 
145, 516 
229, 580 
604,391 
427, 389 



Per- 
cent- 
age. 



24.57 



19.69 



1.75 

8.31 

oO. 02 

25. 26 
24.88 
19.78 
17.69 
27.40 
22. 55 



16.32 



14.50 
11.28 

29. 37 
9.01 
22. 96 
15.54 
15.23 
18. 95 
44.88 



28.55 



14.65 

10.65 

24.06 

27.66 

27.99 

66.50 

17,36 

23.46 

394. 26 

233. 63 

133. 60 

42.91 



Increase from 
1870 to 1880. 



Number. 



11,597,412 



2, 208, 677 



Per- 
cent- 
age. 



30. 



17.96 



22,021 3.51 

28,691 9.01 

1, 735 0. 5: 

325, 734 22. 35 

59,178 27.23 

85,246 15.86 



700,112 
225, 020 
760, 940 



1, 743, 587 



21, 593 
154, 049 

45,924 
287, 402 
176,443 
328, 389 
289, 971 
358, 071 

81, 745 



4, 483, 000 



532, 802 
297, 664 
537, 980 
452. 878 
260, 827 
341,067 
430, 595 
447. 085 



15.97 
24.83 
21. 61 



29.79 



17.27 
19.73 

34.87 
23.46 
39.92 
30.65 
41.10 
30.24 
43.54 



33.76 



19.99 
17.71 
21.18 
38.25 
24.73 
77. 57 
36. 06 
25.97 



Increase from 
1860 to 1870. 



Per- 
Number. cent- 
age. 



7, 115, 050 



1, 704, 462 



ol,364 
al, 773 
15, 453 
226, 285 
42,733 
77, 307 
502, 024 
234, 061 
615, 736 



2 2. 63 



16.09 



488, 907 



12, 799 

93, 845 



56, 620 
&70. 859 



78, 739 

1, 898 

126, 823 

47,324 



3,884,395 42.70 



a0. 22 
a2.38 
4.90 
18.38 
24.47 
16.80 
12.94 
34. 83 
21.19 



9.11 



11.41 
13.66 



75.41 
£4.44 



7.93 

0. 27 

12.00 

33. 70 



120, 996 853. 23 

329, 409 267. 83 
631,6971173.35 



325.749] 13.92 

330,209 24,45 

827,940; 48.36 

434,946 58.06 

278,789! 35.93 
267,683 155.61 

519, 107 76.91 

539, 283 45. 62 

9, 344193. 18 

94,152 326.45 
257,1931239.91 



a Decrease. 



b Of Virginia and "West Virginia together. 



REPORT OF THE SECRETARY OF THE INTERIOR. CXLV 

Population of the United States in 1890, as compared with 1860 and 1870, etc. — Con tinned. 



States and Terri- 
tories. 



Southern Central 
division ■ 



Kentucky 

Tennessee 

.Alabama 

Mississippi 

Louisiana 

Texas 

Indian Territory(a) 

Oklahoma 

Arkansas 



Western division. 



Montana 

W\oming 

Colorado 

New Mexico. 

Arizona 

Utah 

Nevada 

Idaho 

Alaska (d)... 
Washington . 

Oregon 

California . . . 



Population. 



1890. 1880. 



10,948,253: 8,919,371 



1870. 



6,434,410 



1,855,436 
1, 763, 72:! 
1,508, 073 ; 

1, 284, 887 : 
1,110,828 

2, 232, 220 



1, 648, 690 ! 
1,542,359 
1, 202, 505, 
1,131,5971 
939, 946, 
1, 591, 749 



661,7011 

1, 125, 385 ! 802, 525 



1,321,011 

1,258,520 
990, 992 
827, 922 
726, 915 
818, 759 



484, 471 



3,008,948 1,707, 6971 990,510 



131,769! 

60, 589 ( 
410, 975 
144,802; 

59,691 
206, 498 

44, 327! 

84. 229 



39, 159 
20, 789 
194,327 
119, 565 
40, 440 
143, 963 
62, 266 
32, 610 



349,516 75,110 

312,490 174,768 

1, 204, 002! 864, 694 



Increase from 
1880 to 1890. 



Number. 



2, 028, 41! 



Per- 
cent- 
age. 



22.75 



206,746 12. 5 t 

221,364 14.35 

245.56S 19.45 

153,290 13.55 

176,882 18.82 

640,471 40.24 



Increase from 
1870 to 1880. 



I Per- 
Number. cent- 
age. 



2,484,961 38.62 



61,701 .... 

322,860 40.23 



327, 679 
283, 829 
265, 513 
393, 675 
213, 031 
773, 179 



318, 054 



1,241.251 70.22! 777,187 



20, 595 
9,118 
39, 864 
91,874: 
9, 658 
86, 786 
42, 491 
14, 999 



92,6U' 

39, 8()0 
216,648 
25, 297 



236.50 
191.45: 

111.49 
21.16 



24.81 
22. 55 

26. 63 
36.68 
29. 31 
94. 45 



Increase from 

1860 to 1870. 



Number. 



665, 72 



165, 327 

148,719 

32,791 

36, 617 

18,931 

214, 364 



Per- 
cent- 
age. 



11.54 



14. 31 
13.40 
3.40 
4. 63 
2.67 
35.48 



49,021 11.26 



78.46 371,534 60.02 



23, 955 
90, 923 
360, 247 



19,251 47.60 
62, 5.; 5 43.44 
cl7, 939a28.81 
51,619 158.29 



274, 400 365. 30 
137,722 78.80 
339. 308 39. 34 



18,564 90.14 
11,671 128.00 
154,463 387.47] 
27,691 30.14 
38, 782 318. 72 
57,177 65.88 
19,775 46.54 
17, 011 117.41 



51,161213.57 

83,845: 92.22 

304,447 54.34 



20,595 

9,118 

5,587 16.30 
al,642| al.76 

9.658 



46, 513 
35, 634 
14,999 



12, 361 

38, 458 
180, 253 



115.49 
519. 67 



106. 62 
73. 30 

47.44 



a The number of white persons in the Indian Tenitory is not included in this table, as the census 
of Indians and other persons on Indian reservations, which was made a subject of special investi- 
gation by law, has not yet been completed. 

b Including 5,337 persons in Greer county (in Indian Territory), claimed by Texas. 

c Decrease. 

d The num her of white persons in Alaska is not included in this table, as the census of Alaska, which 
was made a subject of special investigation by law, has not yet been completed. 

RECAPITULATION BY GROUPS. 



Geographical di- 


Population. 


Increase from 
1880 to 1890. 


Increase from 
1870 to 1880. 


Increase from 

1860 to 1870. 


visions. 


1890. 


1880. 


1870. 


Number. 


Per- 
cent- 
age. 


Number. 


Per- 
cent- 
age. 


Number. 


Per- 
cent- 
age. 


The United States 


62, 480, 540 


50, 155, 783 


38, 558, 371 


12, 324, 757 


24.57 


11, 597, 412 


30.08 


7, 115. 050 


22,63 


North Atlantic di- 
vision 

South Atlantic di- 


17, 364, 429 

8, 836, 759 

22,322,151 

10, 948, 253 
3, 008, 948 


14, 507, 407 

7, 597, 197 
17,364,111 

8, 919, 371 
1, 767, 697 


12, 298, 730 

5,853,610 

12, 981, 111 

6,434,410 
990,510 


2, 857, 022 

1, 239, 562 
4, 958, 040 

2, 028, 882 
1, 241, 251 


19.69 
16.32 

28. 5£ 

22. 75 
70.22 


2, 208, 677 

1, 734, 587 
4, 383, 000 

2, 484, 961 
777, 187 


17.96 

29.79 

33.76 

38.62 
78.46 


1, 704, 462 

488, 907 

3, 884, 395 

666, 752 
371, 534 


16.09 
9. 11 


Northern Central 

division 

Soul horn Central 


42. 70 
11.54 


Western division . . 


60.02 



Tito general law governing the increase of population is, that when not disturbed 
by extraneous causes, such as wars, pestilences, immigration, emigration, etc., in- 
crease of population goes on at a continually diminishing rate. The operation of 
this law in this country has been interfered with in recent years by the late war, 
which, besides the destruction of a vast number of lives, decreased the birth rate 
very materially during its progress. It was followed by an increased birth rate, as is 
invariably the case uuder similar circumstances. The normal rate of increase has 
been, and is, greatly interfered with also by immigration, and it is difficult to esti- 
mate the effect of this upon our rate of increase. A pproximation to it may, however, 
be reached by the following process: Between 1880 and 1890,5,246,613 immigrants 
entered this country. Of these a part have returned to their homes or migrated 

INT 00 — VOL I X 



CXLVI REPORT OF THE SECRETARY OF THE INTERIOR. 

elsewhere. A considerable proportion, probably about one-eighth, have died. On thje 
other hand, children have been born to them, and it is probable that the births have 
counterbalanced the deaths and the emigration, so that the net influence which im- 
jbaigratiosn has exerted upon our population is approximately expressed by the num- 
ber of immigrants. Subtracting this number from the numerical increase during the 
past decade, there remains a trifle over 7,000,000 to represent the actual increase of 
the inhabitants of this country in 1880. The rate of natural increase is therefore 
not far from 14 per cent. 

Similar calculations for the population in 1880 and the decade preceding would, 
of course, be valueless ou account of the imperfections of the census of 1870. 

The table herewith submitted shows the population by States and Territories in 
1890, 1880, and 1870, the numerical increase in each State between 1860 and 1S70, be- 
tween 1870 and 1880, and between 1880 and 1890, and the corresponding percentages 
of increase. This table, which gives the population only at ten-year intervals, is 
supplemented in the case of a few States by the following table, in which is given, 
in addition to the result of the Federal censuses of 1880 and 1890, the result of 
State censuses taken, with the exception ot Michigan, in 1885, the census of that 
State having been taken in 1884. Comparing the results of these State censuses 
with those of the Federal censuses, it must be understood that the State censuses 
were taken under different authority, by different machinery, and by different 
methods from those employed in the Federal census. 



States. 




Population. 




Increase. 


Percentage "of increase. 


1890. 


1885. 


1880. 


1880 to 1885. 


1885 to 1890. 


1880 to 1885. 


1885 to 1890. 


Colorado 


410, 975 

510, 273 

390, 435 

1, 900, 729 

1, 423. 485 

2, 233, 407 
2, 089, 792 
1, 300, 017 
1,056,793 
1,441,017 

144,862 
312, 490 
345,343 
349,516 
1, 683, 697 


243,910 

415,610 

342, 551 

1, 753, 980 

1, 268, 530 

1,942,141 

1, 853, 658 

1,117,798 

740, 645 

1, 278, 033 

134, 141 

194, L50 

304, 284 

129. 438 

1, 563, 423 


194, 327 
135, 177 
269, 493 

1,624,615 
996, 096 

1, 783. 08.') 

1, 636, 937 
780, 773 
452,402 

1, 131, 116 

119,565 

174,768 

276, 531 

75,116 

l,3i:>, 497 


49, 583 

280, 433 

73, 058 

129, 365 

272,434 

159,056 

216, 721 

3:; 7. 025 

288, 243 

146, 917 

14, 576 

19, 382 

27, 753 

54, 322 

247, 926 


167, 065 

94, 663 

•17, 884 

152, 719 

154,955 

291, 266 

236,134 

182,219 

316, 148 

162,981 

10,721 

118,340 

41, 059 

22U, 078 

120, 274 


25.5 

207.5 
27. 1 

8. 
27.4 

8.9 
13.2 
43.2 
63.7 
13.0 
12.2 
ll. 1 
10.0 
72.3 
18.8 


62.5 
22.8 


Florida 


14.0 




8.7 




12.2 


Massachusetts . 
Michigan 

Minnesota . ... 
JSebraska 

New -Jersey 

M"e"w Mexico ... 


15.0 

12.7 
16.3 
42.7 
12.8 
8.0 
61.0 


Rliode Island. . . 

Washington 

Wisconsin 


13.5 

1 70. 
7.7 



In the State of Kansas the course of the population can be traced even more closely 
than in the other states represented in the above table. Since 1885 this State has 
taken a census each year, the results of which are shown in the accompanying table, 

together with the Federal censuses of 1880 and 1890 : 

1880. Federal census 996,096 

1885. State census 1,268,530 

1886. State census 1,400,738 

1887. State census 1,514,578 

L888. State census 1,518,552 

1889. State census 1,464,914 

1890. Federal census 1, 423, 485 

In the principal table of this bulletin the States are grouped as North Atlantic, 
South Atlantic, Northern Central, Southern Central, and Western. This grouping 
is a natural one, and by the aid of it certain characteristic features in the develop- 
ment of the States are brought out. The North Atlantic section is primarily a manu- 
facturing section. As a necessary result of the predominance of manufacturing there 
is a great development of urban population. Indeed, more than one-half the inhabit- 
ants are grouped in cities. 

The predominant industry of the Northern Central States is agriculture, although 
in many of these States manufactures are now acquiring prominence. The industries 
of the South Atlantic and Southern Central sections are still almost entirely agri- 
cultural, while in the Western States and Territories the leading industries are agri- 
culture, mining, and grazing. 

In the course of the settlement and development of a country the industries com- 
monly follow one another in a certain order. After the hunter, trapper, and pros- 
pector, who are commonly the pioneers, the herdsman follows, and for a time the 
raising of cattle is the leading industry. As settlement becomes less sparse this is 



REPORT OF THE SECRETARY OF THE INTERIOR. CXLVII 

followed by agriculture, which iu its turn, as the population becomes more dense, is 
(succeeded by manufactures, and, as a consequence, the aggregation of the people in 
cij ies. We see in this country all stages of this progress. 

In Maine, New Hampshire, and Vermont the rate of increase between 1S70 and 
IbdO has not quite been maintained ; indeed, in the last-named State there has been 
;i trilling absolute decrease of population. In these States agriculture is in a very 
low condition, the soil is, as a rule, infertile, and markets are not especially easy of 
access; consequently the farming population has continued to migrate to the Far 
West. On the other hand, manufactures have not yet assumed sufficient prominence 
to retain population. 

In the other States of this subdivision, with the exception of Rhode Island, viz, 
Massachusetts, Connecticut, New York, New Jersey, and Pennsylvania, while farm- 
ing is at quite as low an ebb as in Maine, New Hampshire, and Vermont, manufact- 
ures have assumed so great prominence that they have not only sufficed to maintain 
t in' former rate of increase, but even to increase it. The rate in Massachusetts has 
increased from 22 to 25 per cent., in Connecticut from 16 to 20, in New York from 16 
to 18, in New Jersey from 25 to 27, and in Pennsylvania from 22 to 23. It will be 
seen, furthermore, that this augmentation of the rate of increase is greater in the 
more Easterly States than in the three Western ones above mentioned, owing to the 
fuller development of manufacturing industries. 

Turning to the table showing the results of the State censuses, it appears that 
during the first half of the last decade the rate of increase in Massachusetts was 
lielow the average of the decade, while in the last half it was much greater, a fact 
which indicates either that the rate of increase declined materially in the first half 
of the decade, or that the State enumeration was much less complete than that of the 
Federal enumeration in 1890. The case is somewhat similar in Rhode Island, 
although not in so marked a degree, the rates of increase between 1880 and 1885 and 
between 1885 and 1890 being respectively 10 and 13.5 per cent. In New Jersey the 
rate of increase seems to have been maintained quite uniformly throughout the 
decade. 

In the Northern Central group of States various conditions prevail. In Ohio, Indi- 
ana, Iowa, and Missouri, and in Illinois, if the city of Chicago be dropped from con- 
sideration, the rate of increase has declined very decidedly. In Ohio it has fallen 
from 20 to 15 per cent.; in Indiana from 18 to 11 ; in Iowa from 36 to 17; in Missouri 
from 26 to 23 per cent., in spite of the rapid growth of St. Louis and Kansas City; and 
in Illinois, dropping Chicago from consideration, from 14.9 to 5.6 per cent. In these 
States the agricultural industry, which is still the prominent one, has begun to decline, 
owing to the sharp competition of Western farms. The farming population has 
migrated westward, and the growth of manufactures is not yet sufficiently rapid to 
repair these losses. The southern portions of Michigan, Wisconsin, and Minnesota 
are under similar conditions, but the northern parts of these States, lying upon the 
frontier of settlement, have filled up with sufficient rapidity to repair either 
wholly or in part the losses of the southern parts. Michigan increased at the rate of 
38 per cent, between 1870 and 1880, while between 1880 and 1890 the rate was but 28 
per cent. The increase between 1880 and 1890 was cut into unequal parts by the 
State census taken in 1884. In the first four years of the decade the increase was 13.2 
piT cent., while in the last six years it was 12.7 per cent. As the rate of increase in 
this State is declining, the State census taken in 1884 corroborates the Federal census of 
1890. In Wisconsin the last decade shows an increase of 28 per cent., as against an 
increase of 25 per cent, in the decade between 1870 and 1880. The State census of 
Wisconsin, taken in 1885, cuts the decad into two equal parts, and shows an increase 
during the first half of 18.8 per cent, and during the second half of but 7.7 per cent. 

Minnesota increased 78 per cent, between 1870 and 1880 and 67 per cent, between 
1880 and 1890, the numerical increase being over half a million in the past decade. 
The State census, taken in 1885, shows that the bulk of this increase occurred be- 
tween 1880 and 1885. The numerical increase during the first five years was 337,025, 
and the rate of increase 43 per cent., while during the last half of the decade the 
numerical increase was 182,219, and the rate of increase 16.3 per cent. 

During the past ten years the population of Dakota, considering the two States of 
North Dakota and South Dakota together, has increased from 135,177 to 510,273, or 
277 per cent.; Nebraska from 452,402 to 1,056,793, or 134 per cent., and Kansas from 
996,096 to 1,423,485, or 43 per cent. This increase has not, however, continued uni- 
formly throughout the decade. Iu 1885 Dakota- contained 415,610 inhabitants, or 
more than four-fifths of its present population. Nebraska contained 740,645 inhab- 
itants in the same year, thus dividing the numerical increase quite equally between 
the two halves of the decade, but leaving the greater percentage of increase in tho 
first half. In the same year Kansas by its State census had 1,268,530 inhabitants, 
showing that nearly two-thirds of the numerical gain was acquired during the first 
half of the decade. The industries of these States are almost purely agricultural, 
and arc dependent on the supply of moisture, cither in the form of rain or by irriga- 



CXLVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

tion. Through, these States passes what is known as the suhhmnid belt, a strip of 
country several degrees in width, in which during rainy years there is an abundance 
of moisture for the needs of crops, while in the years when the rain-fall is below the 
average the supply is deficient. Iu this region little provision has been made for 
artificial irrigation, the settlers having thus far been content to depend upon rain-fall . 
Into this region the settlers flocked in large numbers in the early years of the decade, 
drawn thither by the fertility of the land and by the fact that for a few years the 
rain-fall had been sufficient for the needs of agriculture. During the past two or 
three years, however, the conditions of rain-fall have materially changed. It has 
fallen decidedly below ihe normal, and the settlers have thereby been forced to 
emigrate. Thousands of families have abaudoned this region and gone to Oklahoma 
and the Rocky Mountain region. This migration is well shown in the progress of 
Kansas, as indicated l>y its annual censuses. These censuses show a rapid increase 
in population from 1830 up to 1887 ; 1883 shows but a slight increase over 1837, while 
188J shows a reduction in the population, leading up to the further reduction shown 
by the Federal census iu 1890. 

Throughout the South Atlantic and Southern Central States the rate of increase has 
diminished, and in most of these States it has diminished very matei ially. A certain 
reduction in the percentage of increase, especially in the eastern part of this region, 
was to be expected, due not only to the operation of general laws, but also to the 
fact that there has been considerable migration from the States east of ihe Missis- 
sippi River to the westward and but little immigration. Taken together, however, 
these two causes by no means account for the reduction in the rate of increase in 
Die real cause is to be found, as was stated early in this discussion, 
in the imperfections of thecensus of 1870. These imperfections resulted in giving a 
comparatively low rate of increase between 1860 and 1870 and an exaggerated in- 
crease between 1870 and 1880. The following table, showing the rates of increase 
during the last three decades in these States, illustrates the imperfections of the cen- 
sus of 1870 in a somewhat startling manner: 



States. 



Virginia 

North Carolina. 
South Carolina. 

Georgia. 

Alabama 

Mississippi 

Louisiana 

Kentucky .. 

Tennessee 



Per cent of' increase. 



1860 to 1870. 1870 to 1880. 18S0 to 1890, 



a 4. 4 


23.5 


7.:i 


30.6 


0.3 


41.1 


12.0 


3o.2 


3.4 


26.6 


4.6 


36.7 


2.7 


29.3 


14.3 


24.8 


13.4 


22.5 



9.0 
15.5 
15.2 
18.9 
19.4 
13. 5 
18.8 
12.5 
14.4 



a Of Virginia and "West Virginia together. 

•It is but reasonable to suppose that in these States, which were ravaged by war 
from 1 ■ ot interest in the decade which includes the war period 

should be I •-- 'ban a normal one. Of all th Virginia, whose soil was the 

principal tl must have suffered most severely, and during the pe- 

riod in question it increased at the rate of but 4.4 per cent. 2sext to Virginia Ken- 
tucky and Tennessee suffered the most severely, and yet they increased, respectively, 
14 and 13 per cent. On the other hand, North Carolina, which suffered less severely, 
gained but 8 per cent., and South Carolina, which sufi'- red less in comparison with 
Virginia, apparently remained. at a standstill as regards population. Georgia gained 
12 per cent., while Alabama and Louisiana gained but 3 per cent, and Mississippi but 
5, although they were comparatively remote from active operations and suffered rel- 
atively little from the ravages of war. On the other hand, those States which suf- 
fered the most severely from the war have made during the decade between 1870 and 
;he smallest proportion of gain of the Southern States, whereas the reverse 
should have been the case. Thus Virginia gained 23 per cent., Kentucky 25, and Ten- 
nessee 23, while the States that were farther removed from active operations were 
North Carolina, which gained 31; South Carolina, 41: Georgia. 30; Alabama, 27; 
Mississippi, 37, and Louisiana, 29 per cent. These startling discrepancies can be due 
only to the imperfections of the census of 1870, which were, as has been demon- 
strated, greatest in South Carolina, Mississippi, Louisiana, Alabama, Georgia, and 
North Carolina, although they were not by any means wanting in Virginia, Ken- 
tucky, and Tennessee. 

The industries of these two sections are almost purely agricultural. During the 
past ten years manufactures have obtained a slight footing and mining has made 
considerable growth in tin- mountain regions, but these causes have thus far pro- 
duced hut ;i comparatively trilling movement of population. The urban population, 
although great in proportion to that which existed formerly, is very small in propor- 
tion to the rural population of the region. 



REPORT OF THE SECRETARY OF THE INTERIOR. CXLIX 

During the first halfofthe last decade Florida had a rapid growth. The population 
between 1880 and L885 increased 73,058, ot at the rate of 27 per cent. This rapid 
growth, however, received a serious check in 1887 and L888 by an epidemic of yellow 
fever and by severe frosts. The growth since 1885 has, therefore, been comparatively 
slow. 

Arkansas 1ms continued to grow at a rapid rate, having increased 40 percent, in the 
last ten years. Texas also has increased with great rapidity, the numerical increase 
ot* its population being 640/471, or over 10 per cent. 

In the western section the conditions of growth have been very varied. In the 
earlier years of the decade the discovery of valuable silver and copper mines in the 
mountains of Montana in the neighborhood of Butte have drawn to thai Statealarge 
immigration, which is engaged not only in mining, but in developing the rich agri- 
cultural resources. Wyoming has continued to grow with accelerated rapidity. 

The census of Colorado in 1880 was taken on the top wave of a mining excitement, 
which had filled its mountains with miners, prospectors, and speculators, increasing 
its population enormously, especially in the mountainous country. The census of the 
State taken in 1885 was. on a superficial view, very surprising. It showed that most 
of the mining counties had lost population during the five years preceding. This 
loss was, however, more than made up by the growth of its cities and its agricultural 
counties. The census of 1890 shows still further reduction of population in the min- 
ing regions of the State and an extraordinary development of its urban population 
and its farming element. New Mexico, Arizona, and Utah show rates ot* increase 
which, are small when the sparsely settled condition of these Territories is considered, 
while Nevada shows an absolute diminution of population of 17,939, or nearly 29 per 
cent., leaving it the smaJlest'of all the States. This condition of things is a natural 
result of the failure of the Comstock and other mines, work upon which has practi- 
cally ceased. Idaho has increased its population two and a half times. Its prosper- 
ity is mainly due to its mines, although people are now turning to agriculture in 
considerable numbers. 

The growth of Washington has been phenomenal, the population in 1890 being 
nearly live times that of 1880. As is shown by the State census taken in 1885, this 
growth has been almost entirely during the last five years of the decade. The in- 
ducements which have attracted settlers are in the main its fertile soil and ample 
rain-fall, which enable farming to be carried on without irrigation over almost the 
entire State. The growth of Oregon, though less rapid, has been at a rate of nearly 
80 per cent, during the past decade. The numerical increase has been 137,722, of 
which over four-fifths has been acquired during the past live years. The additions 
to its population are mainly in the valleys of the Columbia and Willamette rivers. 

California, which increased 54 per cent, during the decade between 1870 and 1880, 
has maintained during the past decade a rate of increase of 39 per cent. This in- 
crease, though wide spread throughout the State, has been most marked in its great 
cities ami in the southern part. 

The following table shows the relative rank in population of the States and Terri- 
tories in 1890 and in 1880: 

Relative rank of States and Territories in population. 



1890. ' 


1880. 


1890. 


18S0. 


1 New York. 


1 New York. 


2fi Nebraska. 


26 Minnesota. 


2 Pennsylvania. 


2 Pennsylvania. 


27 Maryland. 


27 Maine. 


3 Illinois. 


3 Ohio. * 


28 West Virginia. 


28 < 'onnecticut. 


4 Ohio. 


4 Illinois. 


29 Connecticut. 


29 West Virginia. 


5 Missouri. 


5 M issouri. 


30 Main-. 


30 Nebraska. 


6 Massachusetts. 


6 Indiana. 


31 Colorado. 


31 New Hampshire. 


7 Texas. 


7 Massachusetts. 


32 Florida. 


32 Vermont. 


8 Indiana. 


8 Kentucky. 


33 New Hampshire. 


33 Rhode Island. 


<) Michigan. 


M ichigan. 


34 Washington. 


34 Florida. 


10 Iowa.' 


10 Iowa. 


35 Rhode Island. 


35 ( "olorado. 


11 Kentucky. 


11 Texas. 


36 Vermont. 


36 District of Columbia. 


12 Georgia 


12 Tennessee. 


37 South Dakota. 


37 Oregon. 


18 Tennessee. 


13 ( reorgia, 


38 Oregon. 


38 Delaware. 


14 Wisconsin. 


14 Virginia. 


39 District of Columbia. 


39 Utah. 


15 Virginia. 


15 North Carolina. 


40 Utah. 


40 Dakota. 


1C North Carolina. 


it; "Wisconsin. 


41 North Dakota. 


41 New Mexico. 


17 Alabama. 


17 Alabama. 


42 Delaware. 


42 Washington. 


18 New Jersey. 


18 Mississippi. 


i:; New Mexico. 


43 Nevada. 


]0 Kansas. 


It) New Jersey. 


44 Montana. 


It A ri/.ona. 


2d 'Minnesota. 


20 Kansas. 


45 Idaho. 


45 Montana. 


21 Mississippi. 


'_T South Carolina. 


46 Oklahoma. 


46 Idaho. 


22 California. 


22 Louisiana. 


47 Wyoming. 


17 Wyoming. 


23 South Carolina. 


23 Maryland. 


48 Arizona. 




24 Arkansas. 


24 California. 


49 Nevada 




25 Louisiana. 









CL REPORT OF THE SECRETARY OF THE INTERIOR. 

It will be seen that, as in 1880, New York still heads the List, and is followed hy 
Pennsylvania. Ohio and Illinois have exchanged places. Of the other changes in 
the list the most marked are those of Texas, which rises from No. 11 to No. 7 ; Ken- 
tucky, which drops from 8 to 11 ; Minnesota, which rises from 26 to 20; Nebraska, 
which rises from 30 to 26; Maryland, w 7 hich drops from 23 to 27; Colorado, which 
rises from 35 to 31 ; Vermont, which drops from 32 to 36 ; Washington, which rises 
from 42 to 34 ; Delaware, which drops from 38 to 42 ; Nevada, which drops from 43 
to 49, and Arizona, which drops from 44 to 48. The average change in rank is 2.2 
places. 

I have the honor to be, sir, respectfully, yours, 

Robert P. Porter, 

Superintendent of Census. 
Hon. John W. Noble, 

Secretary of the Interior. 



Appendix D. 



EXHIBIT OF EXTRACTS FROM NEWSPAPERS RELATING TO PROCLAMA- 
TION OF PRESIDENT WOODRUFF AND CONFERENCE OF MORMON 
CHURCH, TRANSMITTED, TO SECRETARY BY GOVERNOR THOMAS. 

liemarJcs by President George Q. Cannon and President Wilford Woodruff at the sixty- 
first semi-annual conference, of the Church of Jesus Christ of Latter-day Saint)-:, Octo- 
ber 6, 1890, immediately following the adoption by the general assembly of the manifesto 
issued by President Wilford Wood,7*nff in relation to plural marriages. 

PRESIDENT GEORGE Q. CANNON. 

On the 19th of Jaunary, 1841, the Lord gave His servant Joseph Smith a revelation, 
the forty-ninth paragraph of which I will read: 

"Verily, verily, I say unto you, that when I give a commandment to any of the 
sons of men to do a work unto my name, and those sons of men go with all their 
might, and with all they have, to perform that work, and cease not their diligence, 
and their enemies come upon them, and hinder them from performing that work ; 
behold, it hehooveth me to require that work no more at the hands of those sons of. 
men, but to accept of their offerings." 

The Lord says other things connected with this, which I do not think it necessary 
to read, but the whole revelation is profitable, and can be read by those who desire 
to do so. 

It is on this basis that President Woodruff has felt himself justified in issuing this 
manifesto. 

I suppose it would not be justice to this conference n,ot to say something upon this 
subject; and yet everyone knows how delicate a subject it is, and how difficult it is 
to approach it without saying something that may offend somebody. So far as I am 
concerned, I can say that of the men in this church who have endeavored to maintain 
this principle of plural marriage, I am one. In public and in private I have avowed 
my belief in it. I have defended it everywhere and under all circumstances, and 
when it was necessary have said that I considered the command was binding and 
imperative upon me. 

But a change has taken place. We have, in the first place, endeavored to show 
that the law which affected this feature of our religion was unconstitutional. We 
believed for years that the law of July 1, 1862, was in direct conflict with the first 
amendment to the Constitution, which says that "Congress shall make no law 
respecting an establishment of religion, or prohibiting the free exercise thereof." 
We rested upon that, and for years continued the practice of plural marriage, 'be- 
lieving the law against it to be an unconstitutional one, and that we had the right, 
under the Constitution, to carry out this principle practically in our lives. So con- 
fident was I in relation to this view that in conversations with President Grant 
and his Attorney-General, ex-Senator Williams, of Oregon, I said to them that if my 
case were not barred by the statute of limitations I would be willing to have it made 
a test case, in order that the law might be tested. 

We were sustained in this view not only by our own interpretation of the amend- 
ment to the Constitution, but also by some of the best legal minds in the country, 
who took exactly the same view that we did — that this law was an interference with 
religious rights— and that so long as our x>ractices did not interfere with the happi- 
ness and peace of society or of others, we had the right to carry out this principle. In 
fact, it is within six or eight months that, in conversation with two United States 
Senators, each conversation being separate from the other, both of them expressed 
themselves, though not in the same language, to this effect : "Mr. Cannon, if this 
feature that you practice had not been associated with religion, it might have beeu 
tolerated; but you have associated it with religion, and it lias aroused the religions 
sentiment of the nation, and that sentiment can not be resisted. So far as 1 lie prac- 
tice itself is concerned, if you had not made it a part of your faith, aud an institu- 

CLI 



CLIT REPORT OF THE SECRETARY OF THE INTERIOR. 

tiou sanctioned by religion, it might have gone along unnoticed.-" I do not give tho 
exact language, but these ate the ideas that they conveyed to 1110. 

Now, we were very confident that this law was an unconstitutional one. President 
Daniel H. Wells will remember how he and I tried to get a case to test the constitu- 
tionality of the law during the lifetime of President Brigham Young. We wauted to 
get Brother Eras) us Snow. It is the last thing that we should have thought of to 
put a man like he was in the gap if we had not been firmly convinced that the law 
was unconstitutional and would be declared so by the United States Supreme Court. 
We telegraphed to Brother Erastus in the South, thinking that his case would not be 
barred by the statute of limitations. He replied to us concerning it, and we found 
that it was barred. Brother A. M. Musser proposed himself, if I remember aright, to 
be a test case; but there was a defect in his case. We wanted this case, whenever it 
was presented, to be presented fairly, that there should be no evasion about it, but 
that it should be a case that could be tested fairly before the courts of the country. 
Finally, Brother George Reynolds was selected. I said to myself, when I learned the 
result, "it is the last time that I will ever have anything to do with a test case 
again which will involve the liberty of anybody." 

1 was promised when he was sentenced, by one high in authority and who had the 
right to make the promise, that he should be released, when the circumstances were 
t >ld to him; for they were laid fairly before him, and he was told that the evidence 
had been furnished by Brother Reynolds himself, and that everything had been done 
to make it a test case; the Government had been aided in the securing of witnesses, 
and no difficulty thrown in the way. Afterwards, on the second trial, I believe 
Brother Reynolds' lawyers got frightened, and there was something occurred then 
that gave it a different appearance. But when the facts were related, as I stated, to 
one high in authority, he promised me that George Reynolds should be pardoned. 
There were those, however, in this city who were determined that he should not es- 
cape imprisonment, and the prosecuting attorney wrote a letter which changed the 
mind of this high official, as he afterward told me, and he declined to carry out that 
which I had received as a promise. But even then there were circumstances con- 
nected with this decision that made us reluctant to accept it. 

Since that time the history of proceedings is before you and before the world. We 
have felt as though this command of God was of such importance to us, involving 
so many serious consequences, that we should do all in our power to have the world 
know the position that we occupied. There maybe men among us who believed 
they would be damned if they did not obey this, accepting it as a direct command 
f om God. Therefore, you can understand how tenaciously we have protested, and 
h >w vigorously we have endeavored, as far as we could, to make public our views 
upon this subject. 

I suppose there are two classes here today in this congregation — one class who feel 
to sorrow to ihe bottom of their hearts because of the necessity of this action that 
we have now taken ; another class who will say : "Did I not tell you so?" " Did I 
not tell you it would come to this ?" "Did I not say to you that you ought to take 
advantage of and comply with this years ago, instead of enduring that which you 
have su tiered since that time ? " There may be men here to-day who pride themselves 
on their foresight, and who take credit to themselves because they foresaw, as 
they allege, that which we have done to-day, and would lead others to believe that 
if their counsel had been adopted, if the views that they presented had been ac- 
cepted by the people, it might have saved very serious consequences to us all and 
left us in a better position than that which we occupy to-day. But I, for one, differ 
entirely with this view. I believe that it was necessary that we should witness unto 
God, the Eternal Father, unto the heavens and unto the earth, that this was really 
a principle dear to us — dearer, it might be said, in some respects than life itself. 

We could not have done this had we submitted at the time that those of whom I 
speak suggested submission. We could not have left our own nation without excuse. 
It might have said, '' Had we known all that you tell us now concerning this, we 
should have had very different views about this feature of your religion than we did 
have." But now, after the occurrences of the past six years have been witnessed by 
this entire nation and by the world, and by God the Eternal Father and the heavenly 
hosts, no one can plead as an excuse that they have been ignorant of our belief and 
the dearness of this principle to us. 

Upwards of thirteen hundred men have been incarcerated in prison, going there 
for various terms from one or three months up to years. They have gone there will- 
ingly, as martyrs to this principle, making a protest that the heavens and the earth 
should bear record of, that they were conscientious in espousing this principle, and 
that it was not for sensual indulgence, because if sensual indulgence had been the 
object we could have obtained it without such sacrifices as were involved in obedience 
to this law — without going to prison, without sustaining wives and children, with- 
out the obloquy that has been heaped upon us because of this action of ours. 

If licentious motives had prompted us, we could have secured the results in a 



REPORT OF THE SECRETARY OF THE INTERIOR, CLII1 

cheaper way and in a way more in consonance with universal custom throughout 
our own land and all Christendom. But the sacrifices thai we have made in this 
respect bear testimony to the heavens and to the earth thai w'e have beep sincere 

and conscientious in all thai we have done and that \\ c have not been prompted by 
a desire to use women for lustful purposes, but to save them, to make them honorable, 
and to leave no margin of women in our society to become a prey to lust, so that 
every woman in our land should have the opportunity of becoming a virtuous wife 
and an honored mother, loved and respected by her offspring and by all her associates. 

If no other result has attended what may be termed our obstinacy these results 
are, at least, upon record, and they never can be blotted out. The imprisonment of 
these men, the sufferings — the untold, unwritten, yea, tin; unmentionable, it may be 
said, sufferings — of wives and children, they are recorded in heaven and are known 
to men upon the earth, and they form a chapter that will never be blotted out. 

Latter-day Saint.-, there has been nothing lost in the live years that have just 
passed. We have lost no credit. There has been no honor sacrificed. We can look 
God in the face; that is, if we are permitted to do so, so far as this is concerned, we 
can; we can look the holy angels in the face; we can look mankind in the face 
without a blush, or without feeling that we have done anything unworthy of our 
manhood or of our professions and the faith that God has given unto us. This all of 
us can do, and if no other result has followed what may be called our obstinacy 
than these which I now describe they are grand enough to pay us for all that we 
have gone through. 

But the time has come when, in the providence of God, it seemed necessary that 
something should be done to meet the requirements of the country, to meet the de- 
mauds that have been made upon us, and to save the people. President Woodruff 
and others of us have been appealed to hundreds of times; I might say — I can say for 
myself— that I have been appealed to many scores of times to get out something and 
to announce something. Some of our leading brethren have said : " Inasmuch as we 
have ceased to give permission for plural marriages to be solemnized, why can not 
we have the benefit of that? Why can not we tell the world it, so as to have the ben- 
efit of it? Our enemies are alleging constantly that we still practice this in secret, 
and that we are dishonest and guilty of evasion." 

Now, if we have really put a stop to granting permissions to men to take more 
wives than one, why should not the world know it and we have the advantage of it?" 
These remarks have been made to us repeatedly. But at no time has the Spirit seemed 
to indicate that this should be done. We have waited for the Lord to move in the 
matter; and on the 24th of September President Woodruff made up his mind that he 
would write something, and he had the spirit of it. He had prayed about it and had 
besought God repeatedly to show him what to do. At that time the Spirit came upon 
him, and the document that has been read in your hearing was the result. I know 
that it was right, muah as it has gone against the grain with me in many respects, 
because many of you know the contest we have had upon this point. But when God 
speaks, and when God makes known His mind and will, I hope that I and all Latter- 
day Saints will bow in submission to it. 

When that document was prepared it was submitted. But, as I said in this motion 
that has been made. President Woodruff is the only man upon the earth who holds 
the keys of the sealing power. These apostles all around me have all the same au- 
thority that he has. We are all ordained with the same ordination. We all have 
had the same keys and the same powers bestowed upon us. But there is an order in 
the church of God, and that order is that there is only one man at a time on the earth 
who holds the keys of sealing, and that man is the president of the church, now 
Wilford Woodruff. Therefore he signed that document himself. Some have won- 
dered and said " Why didn't his counselors sign ? Why didn't others si^n ?" Well, I 
give you the reason — because he is the only man on the earth that has this right, and 
he exercised it, and he did this with the approval of all of us to whom the matter was 
sumbitted, after he had made up his mind, and we sustained it; for we had made it 
a subject of prayer also, that God would direct us. 

There never was a time in this church when I believe the leading men of this 
church have endeavored to live nearer to God, because they have seen the path in 
which we walked environed with difficulties, beset with all manner of snares, and 
we have had the responsibility resting upon us of your salvation, to a certain extent. 
God has chosen us, not we ourselves, to be the shepherds of His flock. We have not 
sought this responsibility. You know Wilford Woodruff too well to believe that he 
would seek such an office as he now fills. I trust you know the rest of us sufficiently 
to believe the same concerning us. I have shrunk from the apostleship. I have 
shrunk from being a member of the first presidency. 1 felt that if I could get my 
salvation in any other way, I prayed God that He would give it to me, after He re- 
vealed to me that I would be an apostle, when I was comparatively a child, and I 
have had that feeling ever since. 

These apostles, all of them, feel the responsibility which rests upon them as leaders 



CLIV REPORT OP THE SECRETARY OF THE INTERIOR. 

of the people, God having made us, in His providence, your shepherds. We feel that 
the flock is in our charge, and if any harm befall this flock through us, we will have 
to answer for it in the day of the Lord Jesus ; we shall have to stand and render an 
account of that which has heen intrusted to us ; and if we are faithless, and careless, 
and do not live so as to have the word of God continually with us and know His 
mind and will, then our condemnation will be sure and certain, and we can not escape 
it. But you are our witnesses as to whether God is with us or not, as well as the 
Holy Ghost. You have received, and it is your privilege to receive the testimony of 
Jesus Christ as to whether these men who stand at your head are the servants of God, 
whom God has chosen, and through whom God gives instructions to His people. You 
know it, because the testimony of the Spirit is with you, and the spirit of God burns 
in your bosoms when you hear the word of God declared by these servants, and there 
is a testimony living in your hearts concerning it. 

Now, realizing the full responsibility of this, this action has heen takeu. Will it 
try many of the Saints? Perhaps it will ; and perhaps it will try those who have not 
obeyed this law as much as any others in the church. But all that we can say to 
you is that which we repeatedly say to you — go unto God yourselves, if you are 
tried over this and can not see its purpose; go to your secret chambers and ask God, 
and plead with Him, in the name of Jesus, to give you a testimony as He has given 
it to us, and I promise you that you will not come away empty, nor dissatisfied ; you 
will have a testimony, and light will be poured out upon you, and you will see things 
that perhaps you can not see and understand at the present time. 

I pray God to bless all of you, my brethren and sisters; to fill you with His Holy 
Spirit ; to keep you in the path of exaltation which He has marked out for us ; to be 
with us on the right hand and on the left in our future as He has been in the past. 

Before I sit down I wish to call attention to one remarkable thing, and it may be 
an evidence to you that the devil is not pleased with what we have done. It is sel- 
dom I have seen so many lies, and such flagrant, outrageous lies, told about the Lat- 
ter-day Saints as I have quite recently. I have not time to read the papers, but I 
have happened to pick up two or three papers and glance at them, and the most in- 
fernal (pardon me for using that expression) lies ever framed are told. It seems as 
though the devil is mad every way. " Now," says he, "they are going to take ad- 
vantage of this, and I am determined they shall have no benefit of it ; I will fill the 
earth with lies coucerning them and neutralize this declaration of President Wood- 
ruffs." And you will see in all the papers everything that can be said to neutralize 
the effect of this. To me it is pretty good evidence that the devil is not pleased with 
what we are doing. When we kept silence concerning this, then we were a very 
mean and bad people ; and now that we have broken the silence and made public 
our position, why, we are wicked in other directions, and no credence can be at- 
tached to anything that we say. You may know by this that his satanic majesty is 
not pleased with our action. I hope he never will be. 

PRESIDENT WILFORD WOODRUFF. 

I want to say to all Israel that the step which I have taken in issuing this mani- 
festo has not been done without earnest prayer before the Lord. I am about to go 
into the spirit world, like other men of my age. I expect to meet the face of my 
Heavenly Father — the Father of my spirit. I expect to meet the face of Joseph- 
Smith, of Brigham Young, of John Taylor, and of the apostles, and for me to have 
taken a stand in anything which is not pleasing in the sight of God, or before the 
heavens, I would rather have gone out and been shot. My life is no better than other 
men's. I am not ignorant of the feelings that have been engendered through the course 
I have pursued. But I have done my duty, and the nation of which we form a part 
must be responsible for that which has been done in relation to this principle. 

The Lord has required at our hands many things that we have not done, many 
things that we were prevented from doing. The Lord required us to build a temple 
in Jackson County. We were prevented by violence from doing it. He required us 
to build a temple in Far West, which we have not been able to do. A great many 
things have been required of us, and we have not been able to do them, because of 
those that surrounded us in the world. This people are in the hands of God. This 
work is in the hands of God, and He will take care of it. Brother George Q. Cannon 
told us about the lies that are abroad. It is a time when there have been more lies 
told about Mormonism than almost any other subject ever presented to the human 
family. 

I often think of what Lorenzo Dow said with regard to the doctrine of election. 
Says he : " It is like this : You can, and you can't ; you will, and you won't ; yon 
shall, and you shan't; you'll be damned if you do, and you'll be damned if you 
don't." That is about the condition we as Latter-day Saints are in. If we were to 
undertake to please the world, and that was our object, we might as well give up the 
ship ; we might have given it up in the beginning. But the Lord has called us to 



REPORT OF THE SECRETARY OF THE INTERIOR. CLV 

labor id fctie vineyard; and when our nation passes laws, as fcbej have dour, m re 
ganl to this principle which we have presented to the conference, it. is not wisdom 
for ns to make war upon sixty-live millions of people. It is not wisdom for ns to go 
forth and carry out this principle against the laws of the nation and receive the con- 
sequences. That is in the hands of God, and He will govern and control it. The 
Church of Christ is here: the Zion of God is here in fulfillment of these revelations 
of* Sod that are contained in these holy records in which the whole Christian world 
profess to helieve. 

The Bible could never have been fulfilled had it not been for the raising up of a 
prophet in the last days. The revelations of St. John could never have been fulfilled 
if the angel of God had not down through the midst of heaven, " having the ever- 
lasting Gospel to preach to them that dwell on the earth, and to every nation, aim 
kindred, and tongue, and people, saying with a loud voice, Fear God, and give glory 
to Him : for the hour of His judgment is come." Was that angel going to visit New 
York, Philadelphia, Boston, and the world, and call the people together and preach 
to them? Not at all. But the Lord raised up a prophet. The angel of God deliv- 
ered that Gospel to that prophet. That prophet organized a church ; and all that He 
has promised in this code of revelations (the Book of Doctrine and Covenants) has 
been fulfilled as fast as time would admit. That which is not yet fulfilled will be. 

Brethren and sisters, it is our duty to be true to God and to be faithful. Make 
your prayers known unto the Lord. The Lord has told us what He will do concern- 
ing many things. He will fulfill His word. Let us be careful and wise, aud let us 
be satisfied with the dealings of God with us. If we do our duty to one another, to 
our country, and to the Church of Christ, we will be justified when we go into the 
spirit world. It is not the first time that the world has sought, to hinder the fulfill- 
ment of revelation aud prophecy. The Jewish nation aud other nations rose up and 
slew the Son of God and every apostle but oue that bore the priesthood in that day 
and generation. They could not establish the kingdom ; the world was against them. 
When the apostles asked Jesus whether He would at that time restore again the 
kingdom to Israel, He replied: "It is not for you to know the times or the seasons, 
which the Father hath put in his own power." He did not say it would be estab- 
lished then; but He taught them to pray: "Our Father which art in heaven, hal- 
lowed be Thy name. Thy kingdom come. Thy will be done on earth, as it is in 
heaven." It is a long time since that prayer was offered, and it has not been fulfilled 
until the present generation. The Lord is preparing a people to receive His kingdom 
and His Church, and to build up his work. That, brethren and sisters, is our labor. 

I want the prayers of the Latter-day Saints. I thank God that I have seen with 
my eyes this day that this people have been ready to vote to sustain me in an action 
that I know, in one sense, has pained their hearts. Brother George Q. Cannon has 
laid before you our position. The Lord has given us commandments concerning 
many things, and we have carried them out as far as we could, but when we can not 
do it, we are justified. The Lord does not require at our hands things that we can 
not do. 

This is all I want to say to the Latter-day Saints upon this subject. But go before 
the Lord and ask Him for light and truth, and to give us such blessings as we stand 
in need of. Let your prayers ascend unto the ears of the God of Sabaoth, and they 
will be heard and answered upon your heads and upon the heads of the world. Our 
nation is in the hands of God. He holds their destiny. Pie holds the destinies of all 
men. I will say to the Latter-day Saints, as an elder in Israel and as an apostle of 
the Lord Jesus Christ, we are approaching some of the most tremendous judgments 
God ever poured out upon the world. You watch the signs of the times; the signs of 
the coming of the Son of Man. They are beginning to be made manifest both in 
heaven and on earth. As has been told you by the apostles, Christ will not come 
until these things come to pass. Jerusalem has got to be rebuilt. The Temple has 
got to be built. Judah has got to be gathered, and the house of Israel. And the 
Gentiles will go forth to battle against Judah and Jerusalem before the coming of 
the Son of Man. 

These things have been revealed by the prophets ; they will have their fulfilment. 
We are approaching these things. All that the Latter-day Saints have to do is to be 
quiet, careful, and wise before the Lord, watch the signs of the times, and be true and 
faithful; and when you get through you will understand many things that you do 
not to-day. This work has been raised up by the power of Almighty God. These 
Elders of Israel were called from the various occupations of life to preach as they 
were moved upon by the Holy Ghost. They were not learned men ; they were the 
weak things of this world whom God chose to confound the wise, "and things 
which are not to bring to nought things that are." 

We are here on that principle. Others will be gathered on that principle. Zion 
will he redeemed, Zion will arise, and the glory of God will rest upon her, and all 
that Isaiah and the other prophets have spoken concerning her will come to pass. 
We are in the last dispensation and fulness of time. It is a great day, and the eyes 



CLVI REPORT OF THE SECRETARY OF THE INTERIOR. 

of all the heavens :ireover us, and the eyes of God Himself and all the patriarchs and 
prophets. They are watching over you with feelings of deep interest, for your wel- 
fare ; and our prophets who were slain and sealed their testimony with their blood, 
are mingling with the gods, pleading for their brethren. Therefore, let us be faith- 
ful and leave events in the hands of God, and Ho will take care of us if we do our 
duty. 

I pray God that He will bless these apostles, prophets, and patriarchs, these sev- 
enties, high priests, and elders of Israel, and these Latter-day Saints, who have en- 
tered into covenant with onr God. You have a great future before you. You have 
kept the commandments of God, so far as you have had the opportunity, and by re- 
ceiving the gospel of Christ and beiug faithful your reward is before you. Your his- 
tory is written and is before you. I will say that this nation, aud all nations, to- 
gether with presidents, kings, emperors, judges, and all men, righteous and wicked, 
have got to go into the spirit world and stand before the bar of God. They have got 
to give an account of the deeds done in the body. Therefore, we are safe as long as 
we do our duty. No matter what trials or tribulations we may be called to pass 
through, the hand of God will be with us and will sustain us. 

I ask my Heavenly Father to pour out His spirit upon me, as His servant, that in 
my advanced age, and during the few days I have to spend here in the flesh, I may 
be led by the inspiral ion of the Almighty. I say to Israel, the Lord will never permit 
me nor any other man who stands as the president of this church, to lead you astray. 
It is not in the programme. It is not in the mind of God. If i were to attempt that, 
the Lord would remove me out of my place, and so he will any other man who at- 
tempts to lead the children of men astray from the oracles of God and from their 
duty. God bless you. Amen. 



Appendix E. 

BErORT OF THE COMMITTEE APPOINTED TO DRAFT MEMORIAL ABOUT 

NEVADA PARK. 

A NATIONAL RESERVATION FOR THE PRESERVATION OF THE SEQUOIA GROVKS AND THE 
INTEGRITY OF THE WATERSHEDS OF THE SAN JOAQUIN AND TULARE VALLEYS. 

At a meeting of the California Academy of Sciences in San Francisco, August 4, 
1890, Dr. Gustav Eisen gave a highly interesting and alarming description of the 
destruction and waste of many of the grandest Sequoias or Big Trees in certain local- 
ities of the Sierra Nevada, pointing out the importance and necessity of immediate 
action on the part of the California Academy of Sciences in petitioning the Govern- 
ment at Washington to permanently protect these forests. 

Dr. Eisen proposed a motion to have a committee appointed to draft resolutions to 
be immediately presented to the Government. 

President Dr. H. W. Harkness thereupon appointed a committee consisting of W. 
S. Chapman, J. R. Scupham, and Gustav Eisen to draft such resolutions. These are 
herewith submitted, viz: 

Whereas certain parts of the Sierra Nevada Mountains in California possess in 
their Sequoia or Big Tree Forests the most beautiful as well as the most wonderful 
forests in the world. These forests, or rather groves of big trees, very limited in 
extent, are isolated one from the other, and situated near the headwaters of certain 
streams at an altitude between 4,000 to 7,000 feet. The number of trees in each grove 
varies from one hundred to a few thousand trees. The average size of the Big Tree 
is from 15 to 20 feet in diameter at the base and 200 feet in height, but single trees 
reach 300 feet in height by 30 to 42 feet in diameter. The beauty of these Sequoias, 
as well as of the forest surrounding them, is indescribable and superior to any forests 
elsewhere on this earth. A tree recently cut measured 41£ feet in diameter, 250 feet 
in height and the rings of its wood numbered 6,126. Allowing one ring for each 
year, this tree was already 2,000 years old when the pyramid of Cheope was built, 
and it was over 4,000 years old at the beginning of the Christian era. Only one more 
tree of this size exists, the largest other tree being little more than 30 feet in diameter. 

The preservation of these trees is of national importance not only on account of their 
influence upon the climate and water-shed for the irrigation of the land below, but 
also because of their great beauty, curiosity and rarity. They are the last remains of 
a gigantic creation which has now mostly disappeared and which is fast being exter- 
minated from the face of the globe. The Sequoia trees are rapidly dying out and a 
few young or medium sized trees are found in or outside of the old groves. There are 
few trees which are less than 10 feet in diameter. 

These magnificent forests have failed to succumb to six thousand years of storms, 
of snow and ice, of upheaval and climatic changes ; the woodman's ax and the sheep- 
herder's fire ; the thoughtlessness and ignorance of the frontier settlers, and the 
cupidity of the lumberman are now laying them prostrate in every direction, and they 
vie with each other as to which can destroy the most. It is not much over thirty- 
five years since these trees were discovered; it is not now twenty years since they 
began to be better known, and already now is the destruction of them lamentable — 
nay, appalling and terrible. The Government land has been taken up to a great ex- 
tent fraudulently, and mostly re-sold to powerful syndicates or to local mill men who 
are now destroying the forests. The reckless waste of timber must be seen to be 
understood ; it is hardly possible to believe that intelligent beings could be guilty of 
such recklessuess and purposeless destruction. 

At a recent visit to one of these mills we found millions upon millions of feet of 
lumber rotting on the ground. Generally only a very small part of each tree is used 
for lumber, the balance is left to rot. Trees from 30 to 40 feet in diameter have been 
cut for curiosity's sake, in order that a small section might be exhibited and a few 
hundred dollars gained. Of other trees a small section is cut out for lumber, the 
balance is fired in order to get it out of the way and make room for new logs more 
readily managed. 

At one mill where hundreds of these trees had been cut, about one-third of the 
lumber had been wasted. 

If this destruction is to go on, as \t surely will if not checked at once, there will 
be few of these Sequoias left ten years hence. 

< LYII 



CLVIII REPORT OF THE SECRETARY OF THE INTERIOR. 

We believe that the preservation of these trees is of national importance. A na- 
tional park covering the area occupied by these forests would prove not only of value 
as an attraction for the citizens of this republic, but would be of the utmost impor- 
tance for the proper irrigation of the plains below. In course of time a certain pro- 
portion of trees of various kinds could be sold yearly, and the nation might derive a 
very large income from it. 

Even the stump of the greatest of all tbe trees (the so-called Centennial tree) should 
by all means be saved by the greatest possible care — even to the covering it with 
tbe most indestructible material, such as iron posts, and corrugated iron roof made of 
galvanized iron so that neither time nor tire will impair its use materially, we think 
this stump will last perhaps for a thousand years if protected as it may and should 
be, and the cost could not be great. 

Merely as an inducement to tourists and to visitors attracted by the wonderful works 
of nature, the money value of these forests is intinitely greater than the comparatively 
small sums derived from their destruction. 

To simply withdraw these timber lands from settlement or from sale would not 
accomplish tbe desired purpose, as much of the timber would be illegally cut, while 
forest fires would be almost inevitable. A national park well guarded and managed 
would, in our opinion, be the only successful and permanent remedy against this forest 
destruction. 

In deciding upon the area to be included in this national park, it is both desirable 
and necessary that certain adjacent lands containing otber timber trees than the 
Sequoia should be included. The pine and spruce forests of the Sierra Nevada 
which border upon the Sequoia groves are hardly inferior in size and beauty, nor 
are they of less importance to this State or to the nation at large as pleasure resorts 
or as preservers of tbe integrity of the water-shed. 

There exists also in the Sierra Nevada Mountains two places which in beauty and 
grandeur rival the better known Yosemite, "These canons or valleys are situated on 
the South Fork of King's River and on the Big Kern. It is desirable that tbese places 
should also be set aside as national parks, and that their timber and water-sheds 
should be preserved intact. 

Therefore do we herewith beg to call your attention to the urgent necessity and 
desirability of saving the big tree forests of tbe Sierra Nevada lor tbe benelit of this 
State, and for that of the tuition at large. 

And we do respectfully request you to establish a national park and reservation 
covering the territories described below, and to withdraw from entry for all future 
time all and any Government land in the Sierra Nevada Mountains which contain big 
trees. 

We believe this can be done, first, by immediately withdrawing all the Government 
land in the localities described from entry ; second, by purchasing the most desirable 
parts which contain big trees from those who now own the land. 

We further respectfully request yon to order a careful survey of all the Sequoia 
groves and proposed reservation in order to ascertain their extent and in order that 
the proper amount of ground may be preserved. 

We will mention the following as among the natural curiosities and wonders to be 
found in the proposed park, for which we beg to propose the name Nevada Park: 

(1) The center of the Sierra Nevada or the California Alps, crowned by Mount 
Whitney, and over fifty other peaks of altitudes varying from 10,000 to 15,000 feet. 

(2) Glaciers found on the Jl.inks of Mount Goddard and the Palisades. 

(3) The Tehipitee Yosemite on King's River. 

(4) The Grand Canon of the South Fork of King's River, with the Cascades. 

(5) The Grand Canon of the Kern, the most magnificent on the Pacific coast, 
superior in scenery and grandeur to Yosemite, containing numerous falls and lakes, 
stupendous cliffs, etc. 

(«) Shagoopa Falls, 3,000 feet descent. 

(7) Extinct volcanoes. 

(8) Big tree forests and groves found on the river systems of King's, Kaweah, Tule, 
and Kern. , 

We feel confident that future generations will more appreciate this act of our 
Government than the present generation possibly can, for as time passes and the 
lands adjacent become devastated, as they are now being so rapidly done, then, and 
only then, will the wisdom of this effort be fully seen and acknowledged. 

At a meeting of the Academy September 1, the above committee tendered this final 
report, which was approved and adopted: 

We herewith submit a map, showing boundaries of the proposed national reserva- 
tion for the preservation of the Sequoia Grove and the integrity of the watersheds 
of the San Joaquin and Tulare valleys, and exhibiting the location of the various 
Sequoia Groves, to supplement and explain our former report. 

W. S. Chapman, 
J. R. Scupham, 

GUSTAV EtSKN, 

Committee. 



REPORT OF THE SECRETARY OF THE INTERIOR. CLIX 



271 E SEQ UO.IA FORES TS OF THE SIF B /.' 1 N E FAD A, Til E IB LOl ) A IT ON AND 

AREA. 

[Read before the California Academy of Sciences, September 1, 1890, by Frank J. 

Walker.] 

In the Standard Guide Book to the Pacific Coast, of a late issue, we read this 
statement. "There are nine groves of big trees in California; " and in the descrip- 
tive sketch following this remarkable statement, we find three of the nine groves 
mentioned as lying south of King's River, vaguely described as the King's River 
Grove, the grove in the basin of the North Tule, and the grove in the basin of South 
Tale. There are in the localities named as containing three, no less tban seven dis- 
tinct groves aud forests of big trees, whil- in the enumeration given there is no men- 
tion whatever by the author of the several groves and forests of Middle Tule, 
Kern or Kaweah rivers, nor of the most southern grove on Deer Creek ; in short, the 
omissions comprise some twenty distinct Sequoia groves and forests, aggregating an 
area of at least 25,000 acres. Few, indeed of the inhabitants of Tulare County, 
where most of the forests are found, have any conception of the wide extent of their 
Sequoia possessions ; probably not one person in five hundred knows of the existence 
even of big trees on the Kern River slope, and many would dispute the fact — a fact 
I have never seen referred to in print — and yet there are no less than 2,000 acres in 
that region, and some of it the most dense forest growth of Sequoia gigantea known 
to man. And so with other groves; many of them are to the general public practi- 
cally unknown and unexplored. 

The accompanying map is the first ever published with an approximate showing of 
the area, location, or existence even of what is by far the larger part of our Sequoia 
possessions. 

With reference to this map, it is my purpose in this paper to briefly mention what 
may be termed the Forests of Seqnoia, and the neighboring groves ; and in making 
the distinction between forests and groves, it will be necessary to draw a somewhat 
arbitrary line ; aud for this purpose we will classify as forests all areas of 1,000 acres 
or upwards, and all below that as groves. According to this distinction we can 
safely assume that all forests of Sequoia gigantea are to be found to the south of 
King's River, and nearly all of them in Tulare County ; and with mere mention of 
the better known northern groves — the Calaveras, South Park, Tuolumne, Merced, 
Mariposa, Fresno aud Washington — we will therefore confine our sketch to a discrip- 
tion of this region only. 

The first, going southward, and probably the largest compact body of all, is located 
on the south slope of the South Fork of King's River, in Fresno County. It is desig- 
nated on your map as Converse Basin Forest. Its location may be given more ex- 
actly as in the northeastern part of Township 13 south, range 27 east, and the 
northwestern part of Township 13 south, range 28 east, Mount Diablo meridian, 
the larger part being in the latter township. (Please bear in mind that all town- 
ships and ranges hereafter given are south and east of Mount Diablo meridian.) The 
area of this tract is about 5,000 acres. These figures can at best be but an approxi- 
mation. For most part the Sequoia country is so broken and the variation of density 
of growth so great, and the limits so vaguely defined, that an exact estimation is 
almost impossible ; besides, it is likely to be misleading, from the fact that it repre- 
sents in some instances what may be called a heavy continuous growth, while in 
others it is more or less broken and scattering. In nearly all cases there is found 
mixed with the Sequoia a plentiful growth of other timber, principally yellow and 
sugar pine (Pinus ponderosa and Pinus Lambertiana), with a sprinkling here and there 
of fir, cedar, and other growths. However, I have aimed everywhere to keep my esti- 
mates of areas well within bounds. 

This first forest, together with the one next in order, are owned by one of the lead- 
ing lumber firms of California. And next Wednesday they celebrate at Sanger the 
completion of their 40- mile lumber flume, connecting their capacious mills in the 
mountains with the railroad on the plains. They propose to clean up everything as 
they go along, stripping the laud bare and moving their mills aud extending their 
flume from point to point as the timber supply becomes exhausted. It will probably 
take years for them to reach the Boulder Creek forest, in townsh:p 13, range 29, so 
named from the affluent of King's River, ou whose slopes it is found. The area of 
this forest and neighboring groves can not be less than 1,500 acres, probably more. 
These two already mentioned lie together on the waters of King's River, in Fresno 
County, but the forest next to the south, the Fresno Big Tree forest, is on the divide 
between the waters of King's and Kaweah Rivers, partly in Fresno and partly in 
Tulare Counties. It lies in the contiguous corners of the four townships 13 and !4, 
ranges 27 and 28. Its original area can not be computed at less than 2,000 or 3,000 
acres, but so much of it has been stripped that its limits are hard to determine. 



CLX REPORT OF THE SECRETARY OF THE INTERIOR. 

Here have been the principal milling operations in sequoia for the past twenty 
years. Four sections of it, containing what is known as the "Fresno Big Trees," 
have already been reserved by the United States Government, it being the only res- 
ervation ever made in these southern forests for the purpose of saving the sequoia. 
This is the reservation recently confirmed by the Secretary of the Interior, contain- 
ing the famous big tree known as the "General Grant," said, to be 40 feet in diameter. 

Passing on to the west side of township 14, range 28, we find along Redwood Creek 
a forest of some 3,000 acres. This most magnificent growth has also passed from the 
possession of the Government to private ownership. Farther south we next come to 
a forest on the North Fork of the Kaweah River, in the northwest portion of 15 to 29, 
and extending northward across the line into 14 to 29. There is here upwards of 
1, 500 acres of Big Tree forest still owned by the Government. The whole township 
is timbered and well worth preserving aside from the sequoia. 

A few miles southward brings us to the Sequoia tract, known as the Giant forest, 
located in the contiguous corners of townships 15 and 16> ranges 29 and 30, where 
there is found an area of some 2,300 acres of sequoia. This, although still in the 
hands of the Government, is claimed by individual locators by reason of their loca- 
tions having been made in good faith and filed previous to the withdrawal from entry 
of these townships, as explained hereafter. It is generally thought that they will 
substantiate their claims and acquire the laud, and public sentiment seems to favor 
it. Passing to the Middle Fork of Kaweah River, we find several groves, some of 
which are still in the hands of the Government, but there exists on this branch no 
sequoia tract that could properly be called a forest. 

Southward, on the east fork of the Kaweah River, we come to what is designated 
as the Mineral King forest, from a mining district of that name, comprising, with 
the detached groves, some 3,000 acres; the main body is in township 17, range 30, 
the township whose recent restoration to entry gave rise to the movement culminat- 
ing in what is known as the Vandever Sequoia Park bill, recently passed in the 
Lower House of Congress. In December, 1885, Commissioner Sparks, of the General 
Land Office, withdrew from entry 18 certain townships, of which this was one. 
The reason for this suspension was the alleged fraudulent character of the surveys. 
We need not consider the condition of these surveys ; but from the character of the 
country it would seem that the subdivision lines of township 17, range 30, could be 
more readily run with a ruling pen than with chain and transit; and at that time 
the compensation for either system of survey was supposed to be the same. But one 
thing is certain, on many of the Government plats you will search in vain for any trace 
of sequoia growth, even where the alleged lines run through sections now known to 
be heavily timbered with the mountain redwood. It is to this fact largely, no 
doubt, that the very existence of certain sequoia forests has so long remained un- 
known to the public. 

The fact that several of the suspended townships contained big trees had nothing 
whatever to do, so far as we know, with influencing the acts of the Commissioner. 
But Commissioner Sparks "builded better than he knew," and the ultimate outcome 
of his order of withdrawal has been to preserve in the Government's undisputed 
possession several forests of these big trees that would otherwise have gone the way 
of all the rest, into the hands of speculators and lumbermen. Thus the matter re- 
mained in statu quo till the opening of the present year, the friends of sequoia pre- 
servation resting easy in the fancied security of their position, inasmuch as the De- 
partment had expressly declared its policy not to restore to entry these lands in ad- 
vance of an official examination. 

At the opening of the present year parties interested in acquiring timber by some 
means secured the release of the suspension of township 17, range 30. It was re- 
stored to entry May 23, and in less than six weeks the entire Mineral King forest 
was filed on by timber-land claimants and the tract effectually cleaned up. While 
thus the greed for big- tree timber was developing the supply was growings short, and 
attention of timber prospectors was turned to other forests, and it was found that in 
the township to the south, township 18, range 30, there was a forest practically un- 
explored that offered the best field for their next work. The same measures that had 
proved so successful in opeuing up township 17, range 30, were forthwith set to work 
to secure this more valuable prize. At this juncture a few citizens of Tulare County 
took steps to thwart the attempted spoliation of the sequoia forests. 

As the forest in township 18, range 30, was the one the timber men most wanted, 
the inference was reasonable that it was the best of all for the Government to keep. 
We need not detail the ways and means adopted, but the ultimate outcome of the 
opposition has been the Vandever bill, embracing in its proposed reservation two 
townships and four sections to be set apart as a national sequoia park. The 
reservation includes the forest marked on your map as the Sequoia Park forest, and 
also the larger part of the Homer Peak forest, somewhere from 3,000 to 5,000 acres. 
South of these, following the sequoia belt, in township 19, range 30, we come to the 
Dillon Mill forest, of over 1,000 acres, with but little remaining to the Government, 



REPORT OF THE SECRETARY OF THE INTERIOR. CLXI 

ami from which thousands of sequoia fence posts are being hauled this season. And 
still farther southward, partly in the southest corner of the same township, and ex- 
tending into the corners of three other townships, is the Tulare River forest. 

Much ''cutting and slashing" for a period of years, of which Professor Eisen 
told you at a late meeting, has here been going on ; and during this time different 
mills have been drawing their supply of mountain redwood from this forest; still 
by far the larger part remains. ! lere exists a noted center of sequoia growth known 
as the "McFadyen 80" (acres;, estimated by lumbermen to have on it timber suffi- 
cient for8,000,U00 feet of Lumber. Only one mill is running this season. This, with 
the Pixley grove, we will estimate at 3,500 acres. About C miles directly south is 
the Putnam Mill forest, in townships "20 and 21, range 31, containing some 4,000 aei i 9. 
A portion of this, that in township 20, range 31, is still owned by the Government, 
and is a very beautiful forest of over 1,000 acres. 

In the northeast of this same township 21, range 31, and extending into the 
adjoining townships, is found the Fleitz forest, owned by a Michigan syndicate; 
while iu the southeast portion of the same township and extending into township 
22, range 31, are groves owned by the syndicate known as the "Kessing," the several 
tracts comprising an area of some 4,000 acres. Here again, in the southwest of 
township 22, range 31, the Government possesses a forest of somewhat uncertain 
value and extent, known as the Indian Reservation forest, and estimated at 1,500 
acres. It is not generally known that there exists any sequoia on the Kern River 
slope, but there are on that side at least 1,500 or <-,000 acres in groves scattered along 
the slope from Freeman's Valley southward for some 15 miles. Only one of these 
tracts could be classed as a forest, that of Freeman Valley. Here is a tract of about 
1,000 acres, a limited portion of which is prohably the heaviest growth of Sequoia 
gigantea in the world. Unfortunately this also has passed into the hands of lumber- 
men. 

One grove more remains to be mentioned, not because of its intrinsic merit, but 
because of its loeatiou, it being, so far as known, the southernmost limit of sequoia. 
It is that on Deer Creek, indicated on older maps as " Mammoth Grove." It contains 
less than 150 sequoias, scattered over an area of perhaps 300 acres. 

This completes the list. The sequoia forests proper, therefore, extend over a belt 
of country beginning at i onverse^Basin, on the north, and ending with the Indian 
reservation forest, 60 miles to the south. The groves and forests together in this 
region are upwards of twenty in number, with an average distance between them of 
perhaps 3 or 4 miles. 

Within this scope of country a moderate estimate of the sequoia would be, accord- 
ing to the foreg"ing figures and including a few unnamed groves, 37,500 acres, divided 
between the several river systems as follows: 

Acres. 

King's River 7,500 

Kaweah River 14.000 

Tule River 14,000 

Kern River 1,700 

Deer Creek 300 

Total 37,500 

It has been sufficiently shown that .there are in the State several forests and groves 
of big trees still belonging to the Government, aside from those emhraced in the 
Vandever bill. To insure the safety of these, and to put them beyond the designs 
of timbermen, and ahove all to protect them from devastating forest fires, it is ex- 
ceedingly desirable that they be reserved and placed under expert supervision. We 
need no reminder that the greed of timber and cattle meu will soon work havoc with 
what remains, unless something be done to stay the devastation; and if we would 
save a portion we must begin at once. 

Concerning the utility of the region embraced in these limits as the best natural 
reservoir for the storage of waters ne< ded for irrigation, we need not dwell. But for 
a moment let me touch on the suitability of the country for a park because of its 
charming natural attractions. You need hardly be reminded of this. The heart of 
the Sierra, culminating in Mount Whitney, affords grand scenery of peculiar charm 
and great variety. Here are three Yosemites rivaling their noted prototype in many 
features, with a little world of wonders clustering around the headwaters of Kern, 
Keweah, and King's Rivers. We will simply mention the Grand Canon of the Kern, 
where for 20 miles the mad waters of the California Alps, are crowned with nameless and 
unnumbered domes and towers. Then only a few miles across the divide, extends the 
caiion of King's River, with its wealth of impressive scenery, and some 8 miles farther 
to the north lies the valley of Tehipitee, the gem of the Sierra, with its wouderous 
dome of rock rising in rounded majesty some (5,000 feet from the level of the river- 
cleft meadow at its feet. Yet a view of the most impressive and characteristic scenery 

INT 90— VOL I XI 



CLXII REPORT OF THE SECRETARY OF THE INTERIOR. 

of the region is to be earned by scaling one of the lofty peaks of the Keweab range 
At least 100 peaks here rise to alritndes exceeding 10,000 feet. 

One can never forget the impression who has once looked out over the California 
Alps from the pinnacle of Miners' Peak. As I once before said in describing this scene, 
that " Here amid the companionship of peaks one beholds with speechless wonder the 
spectacle beyond. No satisfactory view of the Whitney Range can be found from the 
San Jouquin plains. The intervening Keweah Range veils the view of the higher 
peaks beyond. But here, standing on the crest of the Keweah Sierra, one looks across 
the Grand Canon of the Kern, aud the encircling wilderness of crags and peaks is be- 
yond the power of pen to describe. Mounts Monache, Whitney, Williamson, Tyndall, 
Keweah, and a hundred nameless peaks— the crown of our couutry, — have pierced the 
mantle of green that clothes the canons below aud are piled into the very sky, jagged 
and bald and bleak and hoary, a wilderness of eternal desolation." 



RULES AND REGULATIONS OF THE SEQUOIA NATIONAL PARK. 

Department of the Interior, 
Washington, D. C, October 21, 1890. 

1. By act of Congress approved September 25, 1890, the tract of land in the State 
of California described as township 18 south and ranges 30 and 31 east, and also sec- 
tions 31, 32, 33, and 34, in township 17 south and range 30 east, and by act of Congress 
approved October L, 1890, the adjoining tract described as townships 15 and 16 south, 
ranges 2d and 30 east, and also township 17 south, range 30 east, except above men- 
tioned sections 31, 32, 33, and 34, have been set apart for a public park, and the same 
shall be known as the ''Sequoia National Park." 

2. The park by said acts is placed under the exclusive control of the Secretary of 
the Interior, and these rules and regulations are made and published in pursuance of 
the duty imposed on him in regard thereto. 

3. No persons other than transient visitors will be permitted to be within the Park 
without written authority from the Secretary of the Interior. 

4. No person shall cut, break, remove, impair, or interfere with any trees, shrubs, 
plants, timber, minerals, mineral deposits, curiosities, wonders, or other objects of 
interest in the park ; and all of the same shall be retained in their natural condition. 

;\ The wanton destruction of the fish and game from within the park and their 
capture or destruction for the purposes of merchandise or profit are forbidden by said 
acts; and no one shall carry into or have in the park any fire-arms, traps, nets, 
tackle, or appliances, or fish or hunt therein without a license in writing signed by 
the Secretary or superintendent of the park. 

6. No one shall start or kindle, or allow to be started or kindled, any fire in grass, 
leaves, underbrush, debris, ordead timber, down or standing; and any one so offend- 
ing will be held responsible pecuniarily^ for all damages that may result from such 
fire. 

7. The sale or use of intoxicating liquors within the park is strictly forbidden. 

8. The superintendent duly appointed by the Secretary is hereby authorized and 
directed to remove all trespassers from the park and enforce these rules and regula- 
tions and all the provisions of the acts of Congress aforesaid. 

John W. Noble, 
Secretary of the Interior. 



ANNUAL It E PORT 



OF THE 



Commissioner of the General Land Office 



FOR 



THE YE-AR 1890. 



INT 90 — VOL I 1 



REPORT 



COMMISSIONER OF THE GEiNERAL LAND OFFICE. 



Department of the Interior, 

General Land Office, 
Washington, D. C, September 13, 1890. 

Sir : In transmitting the Annual Report of the General Land Office 
for the tiscal year ending June 30, 1890, submitted herewith, I deem it 
proper to call attention to the increasing magnitude and importance of 
this office, and the great mass of laborious and intricate work annually 
performed by its officials. From comparatively a small beginning at 
its original organization by act of Congress of April 25, 1812, under the 
Treasury Department, it has grown with respect to the quantity, char- 
acter, and multiplicity of the affairs committed to its charge, until its 
present force of officials, clerks, and other employes, many of whom 
are required to have legal or more than ordinary clerical ability, is un- 
able to dispose of the vast accumulation of business with satisfactory 
expedition, and the necessity of its increase and additional office room 
is becoming yearly more apparent. 

The result, however, of its administration during the tiscal year, as 
indicated in the accompanying report, is regarded as most gratifying 
under all the circumstances. 

The great object of the Government is to dispose of the public lands 
to actual settlers only — to bona fide tillers of the soil — although liberal 
grants have been made by Congress to States and corporations for 
works of recognized public utility. To give effect to all the various 
statutes on the subject is the duty devolving on this office. Accord- 
ingly, an agricultural domain of nearly 19,000,000 acres — a domain al- 
most equal to the aggregate area of the States of New Hampshire, Mas- 
sachusetts, Rhode Island, Connecticut, and New Jersey — has, during 
the year been transferred to enterprising and industrious settlers, by 
patents issued to them for the above area, while the areas patented to 
the States, under the swamp grant, and to corporations, under special 
grants, have been great, although somewhat reduced, as compared with 
previous years. At the same time, the area of coal and mineral lands 

3 



REPORT OF THE SECRETARY OF THE INTERIOR. 



patented has been greatly increased over that of the fiscal year ending 
June 30, 18S0, thus tending to the development of our immense depos 
its of coal and metals of every grade. The area patented to the States 
under the grants for educational and internal improvement purposes 
has increased 300 per cent. 

This completed work, as shown by the following figures and facts, in 
dicating increased population, increased coal and mineral development 
and increased educational development and resource*, is adverted to as 
a suggestive element in the national progress. 



TRANSACTIONS OF THE OFFICE DURING THE YEAR END 

ING JUNE 30, 1890. 

AGRICULTURAL PATENTS ISSUED. 

The class of patents embraced under this head includes all patents 
issued on final and commuted homestead entries, on pre-emption, tim- 
ber culture, desert, private cash, town-site and other entries embracing 
land of an agricultural non-mineral character. 

The number of such agricultural patents issued during the fiscal year 
ending June 30, 1890, was 117,247, embracing 18,759,520 acres. The 
number issued during the fiscal year ending June 30, 1889, was 70,141, 
including an area of 11,222,560 acres, showing an increase during the 
fiscal year ending June 30, 1890, of 47,106 patents, and of 7,536,960 
acres of land. 

MINERAL PATENTS. 

Of mineral and millsite patents, 1,407 were issued, as against 913 dur- 
ing the previous fiscal year, an increase of 494 patents. Of coal patents, 
221 were issued, as against 155 patents during the previous year, an 
increase of 69, and including an area of 33,473.72 acres, as against an 
area during the previous year of 17,096.80 acres, or an increase in area 
of 15,376.92 acres. 

In the following exhibit are shown the States and Territories in which 
mineral patents were issued : 

Coal land and mineral and millsite patents. 



States and Territories. 


Coal lands. 


Acres. 


Mineral 
and mill- 
site. 


Alaska 






5 








25 




5 

127 


880. 00 
19,004.96 


115 




591 




40 








42 




9 


1, 040. 00 


389 




27 




2 


160. 00 


26 




10 


Utah . 


19 
37 
25 


2, 890. 84 
5, 654. 34 

3, 843. 58 


113 




3 




21 






Total 


224 


33,473.72 


1,407 



PUHLTC LANDS. 



5 



STATE SELECTIONS APPROVED. 



Tbe approvals during the year, under the different grants to the sev- 
eral states for educational and internal improvement purposes, and for 
public buildings, embraced an area of 539,779.84 acres. 

The following exhibit gives the details by States : 



State. 


' i rant. 


Quantity 
granted. 


Quantity 
approved 

up to July 
1, 1889. 


Approved 
during fis- 
cal year 
ending July 
1, 1890. 


Total 
approved. 


Remainder. 






Acres. 
46, 080 
46, 080 


Acres. 
44, 297. 53 


Acres. 
1,650.93 

36, 890. 14 
8, 881. 12 
5,612.73 
1, 154. 07 
1,220.82 
320. 78 

18,391.51 
77. 85 

63,621.49 


Acres. 

45, 948. 46 
36, 890. 14 


Acres. 

131.54 






9, 189. 86 








Do 

Do 


Internal improvement — 


500, 000 
46, 080 

150, 000 

6,400 

90, 000 

500, 000 


492, 652. 87 
44, 822. 16 
148, 499. 00 
4, 778. 30 
69, 555. 75 
c497, 761. 09 


498, 265. 60 
45, 976. 23 

14!), 719. 82 

5, 099. 08 

87, 947. 26 

497, 838. 94 


1.734.40 
103. 77 


Do 

Do 


Agricultural College 


280.18 
1,300.92 


Colorado 

Florida 


Agricultural College 

Interual improvement 


2, 052. 74 
2, 161. 06 




...do . . . (d) 






1,015.95 

5, 348. 86 

349, 422. 25 

80. 00 

46, 09l. 34 






Missouri. 

Nevada 

Washington . 
Wyoming ... 


Agricultural College 

School indemnity 

University 

....do....: 


330, 000 

f2, 000, 000 

46, 080 

46, 080 


324, 623. 65 

0368,872.20 

23, 942. 02 


3?9. 972. 51 

718,294.45 

24, 022. 02 

£46,091.34 


«27. 49 

1,281,705.55 
/i22,057 98 




Total . . 






539, 779. 84 



















a This is a second grant to Alabama of the same quantity for university purposes, the first grant 
having been previously adjusted. 

b This is a grant of the sixteenth and thirty-sixth sections with indemnity following the grant. 
The exact quantity granted and indemnity due have not been ascertained. 

c This total represents the quantity embraced in approvals that have been allowed to stand upou 
agreed adjustment. 

d This is a grant of sections numbered 16 with indemnity following the grant. The exact quantity 
granted and the indemnity due have not been ascertained. 

e Grant practically closed. 

/ This is a grant of quantity in lieu of the sixteenth and thirty-sixth sections restored to the public 
domain under act of June 16, 1880. 

g This aggregate includes 9,228. 36 acres indemnity selected under the original grant, and not under 
the grant of 2,000,000 acres made by the act of June 16, 1880. 

h By approvals on July 2 of this year the remainder has been reduced to 1,238.79 acres. 

i The grant is of 72 entire sections (46,080 acres if the sections contain exactly 640 acres each) but 
' the 72 sections selected aggregated a few acres more than 46,080 acres. 



The above stated acreage of 539,779.84 acres, 



as against an area 
during the previous fiscal year of only 132,350.61 shows an increase of 
407,429.23 acres or over 300 per cent. 

In AppendixK is a further detailed statement of adjustments of grants, 
with references to important decisions and rulings relative thereto. 



SWAMP-LAND PATENTS. 



In the following statement is shown by States the acreage of swamp 
lands patented during the year, as also the acreage selected by the 
states and approved by this office, and the aggregate acreage of such 
lands patented to the States, since the date of the swamp grant: 



REPORT OF THE SECRETARY OF THE INTERIOR. 

Total during year of swamp lands. 



States. 


Selected. 


Approved. 


Patented. 


Total pat- 
ented siuce 
date of grant. 




Acres. 


Acres. 


Acres. 
999. 42 

3, 483. 02 

4, 062. 90 
53, 595. 76 

40.00 


Acres. 
411,189.26 

7, 647, 709. 36 
1,469,460.25 

16, 114, 725. 74 
1,455,641.45 
1,257,863.05 
1,183,920.33 

8, 708, 588. 53 
228, 120. 49 






160. 00 

8, 073. 02 

59, 099. 56 

40.00 


California 




Florida 


970. 51 












440. 00 


685.13 




182. 28 






2, 948. 17 








5, 667, 304. 64 




15, 253. 53 




85.56 

406. 54 

3,982.28 


2, 890, 592. 81 

3,259,153.20 

3,415,531.27 

25,640. 71 




406. 54 






Ohio 








2, 810. 21 


40, 365. 85 
17, 905. 52 


36, 085. 22 
2,977.87 


140, 982. 80 
3, 332, 900. 51 










19, 216. 53 


126, 990. 49 


109, 351. 89 


57,209,324.40 





Number of lists of swamp and school lands prepared for approval 73 

Certified copies of lists prepared and transmitted to governors of the several States and to local 

officers 110 

Patents executed 24 

During the previous fiscal year ending on June 30, 1889, an area of 
259,72] .45 acres was patented to the several States under the swamp 
grants, but during the present fiscal year, as shown in above table, an 
area of only 109,351.89 acres was patented to the States, a decrease of 
150,369.56 acres. 

RAILROAD LANDS PATENTED. 

There were patented or certified, under the law, for the benefit of 
railroad companies, during the year, 363,862.15 acres, as shown in the 
following table : 

Acres. 

Iowa 80.00 

Louisiana 77, 213. 27 

Minnesota 261,773.01 

Wisconsin 24,795.87 

Total 3(53, 862. 15 

as against an area patented to railroads during the previous fiscal 
year of 425,046.02 acres, or a decrease of 61,183.87 acres. 



INDIAN AND MISCELLANEOUS PATENTS. 

The exhibit following shows the area patented to the States, during 
the year, on private land claims, donations, Indian claims in severalty, 
and scrip locations ; 



PUBLIC LANDS. 



Indian and miscellaneous patent* issued year ending June'SO, 1890. 
Acres. 



Indian Territory 43,444.12 

California 17,760.00 

Florida 17,723.57 

Louisiana 8, 190. 64 

Wisconsin 7,231.70 

Oregon 4,871. 53 

Dakota 2,661.73 

Kansas 2,426.73 

Michigan 640.00 

or a decrease in area, as compared 
50,334.19 acres. 



Colorado 

Arkansas 

Washington . 
Mississippi .. 

Missouri 

Minnesota.. 
Indiana .... 



Acres. 
640. 00 
640. 00 
633. 00 
160. 00 
160. 00 
153. 00 
50. 00 



Total 109,056.02 

with the previous fiscal year, of 



Recapitulation of patents issued, 



Patents. 


1889. 


1890. 


Increase. 


Decrease. 


Total net 
increase. 




Acres. 
11, 222, 560. 00 
17, 096. 80 
132, 350. 61 
259,721.45 
425, 046. 02 
159, 390. 21 


Acres. 
18, 759, 520. 00 
33, 473. 72 
539, 779. 84 
109, 351. 89 
363, 862. 15 
109, 056. 02 


Acres. 

7, 536, 960. 00 

16, 376. 92 

407, 429. 23 


Acres. 


Acres. 














Swamp lands 


150, 369. 56 
61, 183. 87 
50,334.19 




















Total 


12, 216, 165. 09 


19, 915, 043. 62 


7, 960, 766. 15 


261, 887. 62 


7, 698, 878. 53 





The following is a statement of the acreage of public lands disposed 
of during the fiscal year ending June 30, 1890 : 

CASH SALES. 

Acres. 

Private entries 38,617.79 

Public sales 28.66 

Pre-emption entries 2. 204, 905. 07 

Timber and stone land entries 509, 896. 61 

Mineral land entries 35,396.81 

Desert land entries 478,849.56 

Coal land entries 16,198.34 

Town-site entries 1,745.57 

Lassen County desert land entries 400. 00 

Excesses on homestead and other entries 15, 194. 80 

Abandoned military reservations 1, 613. 54 

3, 302, 846. 75 

MISCELLANEOUS. 

Homstead entries (original) 5, 531, 678. 60 

Timber-culture entries (original) 1,787,403. 14 

Entries with military bounty land warrants 19, 034. 32 

Entries with private land scrip 10, 439. 52 

State selections, school and swamp 258, 141. 33 

Railroad selections 1 , 752, 758. 86 

Indian allotments 2, 167. 85 

Entries with Valentine scrip «. 119.60 

Entries with Sioux half-breed scrip 150. 99 

Entries with Porterfield scrip 5. 22 

Donation entries 785. 81 

Total. „ 9,362,685.24 

Total area of public land entries and selections. 12,665,531.99 



8 REPORT OF THE SECRETARY OF THE INTERIOR. 

INDIAN LANDS. 

Acres. 

Cherokee school lands 2, 333. 78 

Ute lands 61,059.61 

Sioux lands 57, 096. 87 

Osage trust and diminished reserve 11, 703. 98 

Osage ceded 96.' 11 

Kansas trust and diminished reserve 333. 85 

Winnebago lands '. 457. 77 

Uintah lands 103.45 

Total 133,305.42 

Making a graud total oi* 12 798, 837. 41 

RECAPITULATION. 

Area sold for cash 3, 302, 846. 75 

Miscellaneous entries 9, 362, 685. 24 

Indian lands 133,305.42 

Total 12,798,837.41 

The foregoing does not include the following entries, the areas of 
which have been previously reported in the " original entries" of the 
respective classes : 

Acres. 

Commuted homestead (section 2301, R. S.) 905, 536. 41 

Commuted homestead act, June 15, 1880 4, 348. 38 

Final desert land entries 244,534.94 

Final homestead entries 4, 060, 592. 77 

Final timber-culture entries 423,048. 70 

Total areas previously reported 5, 638, 061. 20 

CASH RECEIPTS. 

The following is a statement of the cash receipts of the office from 
various sources during the fiscal year ending June 30, 1890 : 

From cash sales $6, 349, 174. 24 

Homestead fees aud commissions 697, 623. 07 

Timber-culture fees and commissions , 173, 145. 00 

Fees on locations of military bounty land warrants 599. 00 

Fees on scrip locations 17. 00 

Fees on donation claims 25. 00 

Fees on State selections 3,019.77 

Fees on railroad selections 21, 913. 19 

Fees on pre-emption and other filings 123, 750. 00 

Fees for reducing testimony to writing, etc 101, 604. 04 

/ 

Total receipts from public lands 7, 470, 870. 31 

Receipts from disposal of Indian lands ,. 293,062.30 

Timber depredations 16,585.00 

Total - ....*.. 7,780,517. (>1 



PUBLIC LANDS. \) 

The filings made and the fees therefrom are stated in the annexed 
table. 



Kind of liliui^B. 



Pre-emption 

Homestead 

Coal 

Lassen County desert 

Town lot, 

Town-site 

ValiMii ine scrip 

Girard scrip 

Mineral applications 

Timber and stone applications 

Total 

Add to this mineral adverse claims 



"Number of 
filings. 



33, 001 



Fees. 



25, 329 

712 

1, 645 

174 

2 

2 

45 

1 

1,293 

3, 617 


$65, 164. 00 

1,571.00 

4, 927. 00 

522. 00 

6.00 

5. 00 

45.00 


12, 930. 00 
36, 170. 00 


32, 820 
241 


121, 340. 00 
2, 410. 00 



123, 750. 00 



The number and kinds of every character of entries made during the 
year, together with the cash receipts for the same, compared with the 
previous fiscal year, are shown in the following exhibit: 



10 



REPORT OF THE SECRETARY OF THE INTERIOR. 



A' umber and class of final and original entries and selections made during the year ending 

pared with year end 



Class of entry. 



FINAL ENTRIES. 

Public sales 

Private entry 

Pie-eruption 

Timber ami stone - 

Coal 

Mineral 

Town sites 

Town lots 

Abandoned military reservations 

Indian lands 

Desert lands 

Desert lands, Lassen County 

Commuted homesteads 

Commuted homesteads, act Juno 15, 1880 

Military bounty laud-warrants -• 

Private land scrip 

Valentine scrip 

Sioux half-breed scrip 

Porterfield scrip. 

Donation claims 

Indian allotments 

Homesteads (linal) 

Timber-culture (final) 



ORIGINAL ENTRIES. 

Desert -land 

limber-culture 

Homesteads 



RAILROAD AND OTHER SELFX'TIONS. 



Railroad. 

Swamp 

Swamp indemnity. 
Educational, etc . . . 



RECAPITULATION BY TOTALS. 



Final entries 

Original entries 

Kail road and other selections 



Total 

Deduct total of increase 



Net total decrease. 



Number 
of 

entries. 



7 

242 

15, 243 

3, 454 

118 

1,314 

5 

5 

28 

1,004 

80S 

3 

6,065 

42 

176 

91 

3 

1 

1 

4 

20 

28, 080 

2,896 



59, 67d 



1, 594 
11,935 

40, 244 



53, 773 



59, 670 
53, 773 



113, 443 



Number of 
acres. 



Cash receipts. 



Sales. 



28. 66 
38, 617. 79 
2, 204, 905. 07 
509, 896. 61 
16, 198. 34 
35, 396. 81 
1, 745. 57 



1,613.54 

133, 305. 42 

244, 534. 94 

400. 00 

905, 536. 41 

4,348.38 

19, 034. 32 

10, 439. 52 

119.60 

' 150.99 

5.22 

785. 81 

2, 167. 85 

4, 060, 592. 77 

423, 048. 70 



8, 612, 872. 32 



478, 849. 56 
1,787,403.14 
5, 531, 678. 60 



7, 797, 931. 30 



, 752, 758. 86 

19,216.53 

3, 863. 32 

235, 061. 48 



2, 010, 900. 19 



8,612,872.32 
7, 797, 931. 30 
2, 010, 900. 19 



18,421,703.81 



$299. 12 
49,413/22 

2, 967, 444. 15 

1, 272, 136. C6 

282, 204. 70 

135,825.16 

2, 781. 96 

238. 00 

2,339.98 

293, 062. 30 

246, 039. 76 

500. 00 

1, 227, 965. 77 

5, 900. 13 



6, 486, 210. 91 



131, 253. 94 



131, 253. 94 



Fees and 

com- 
missions. 



599. 00 

13. 00 

3.00 



1.00 
25.00 



142, 907. 18 
11, 584. 00 



155,132.18 



161,561 00 
554,715.89 



716, 276. 89 



21,913.19 



49.00 
2, 970. 77 



.1 24,932.96 



6, 48G, 210. 91 
131, 253. 94 



155,132.18 

716, 276. 89 

24, 932. 96 



6, 617, 464. 85 896, 342. 03 



PUBLIC LANDS. 



11 



June 30, 1890; also amount of casli receipts for same, and increase or decrease as com- 
ing June 30, 1889. 



Increase as compared with 1889. 


Decrease as compared with 1889. 


Num- 
ber of 
entries 


Number of 
acres. 


Cash sales 


Fees and 
commis- 
sions. 


Number of 

entries. 


Number of 
acres. 


( !asb sales. 


Fees and 
commissions. 










1 

1.47'.'. 
4,343 


174.94 
111, 655.06 
697,123.08 


$153. 29 

183, 639. 62 
, 149.60 
























1,093 


175,376.73 


43*. - 








68 


12, 629. 89 


218, 675. 50 




10 


408. 23 
335. 65 


5, 839. 46 
710. 48 








1 
61 












1, 236. 70 

395. 02 

96,462.42 




1!) 

98 

224 

3 


1. 235. 80 

15,963.12 

57, 475.16 

400. 00 




















56, 188. 71 
500. 00 






















3, 965 
22 


616, 000. 69 

2,311.41 

448. 88 

6,402.82 

193. 70 

66.81 


826, 820. 59 
2, 311. 18 














12 






29.00 








62 
4 
2 




$92. 00 












7.00 














1 


5.22 














4 

88 


1, 272. 24 
8, 412. 96 




40.00 














2,531 

2, 380 


378. 883. 97 
356, 888. 77 




13, 610. 95 
9, 520. 00 


























6, 371 


986, 972. 65 


499, 069. 21 


23, 160. 95 


10, 094 


1,462,692.48 


2 267, 843. 92 


139. 00 


253 


70, 039. 60 


6, 829. 16 














5,010 
1,939 


763, 666. 08 
497,551.66 
















49, 960. 69 












253 


70, 039. 60 


6, 829. 16 




6,949 


1,261,217.74 




119, 077. 69 
















459, 090. 13 

1, 990, 855. 53 

3, 175. 92 

50, 548. 36 





5, 350. 76 
























42. 00 














766. 38 


























2, 503, 669. 94 




6, 159. 14 
















6, 371 
253 


986, 972. 65 
70, 039. 60 


499, 069. 21 
3, 829. 16 


23, 160. 95 


*10, 094 
6,949 


1,462,692.48 
1,261,217.74 
2, 503, 669. 94 




119, 077. 69 






6, 159. 14 




6,624 


1,057,012.25 


505, 898. 37 


23, 160. 95 


17, 043 

6, 624 


5, 227, 580. 16 
1, 057, 012. 25 


2, 267. 843. 92 
505, 898. 37 


125, 375. 83 
23, 160. 95 




















10, 419 


4, 170, 567. 91 


1,761,945.55 


102, 214. 88 











*Net decrease in final entries, 3,723; in acres, 475,719.83. 



12 REPORT OF THE SECRETARY OF THE INTERIOR. 

ENTRIES PENDING. 

It is shown by the official records that on June 30, 1889, there were 
276,751 final entries of all kinds pending, and that at the close of the 
fiscal year ending June 30, 1890, there were 208,064 of such entries pend- 
ing, a decrease as compared with the previous year of 68,687 entries. 

MISCELLANEOUS SELECTIONS AND CLAIMS PENDING. 

RAILROADS. 

Eailroad selections amounting to 29,776,955.76 acres were pending at 
the close of the year, an increase over the amount pending at the be- 
ginning of the year of 332,704.12 acres. There were also Oregon wagon- 
road selections pending to the amount of 304,926.67 acres. In Appendix 
F will be found a detailed statement of these selections and the com- 
panies for whose benefit they are made. 

EXECUTION AND DELIVERY OF PATENTS. 

Patents are executed in the name of the party making an entry or 
location, except in cases where the statute expressly recognizes the 
right of an assignee to take patent in his own name. (See depart- 
mental decision of July 27, 1880, in case of Whittaker v. Sou. Pac. R. 
R., 7 Oopp, 85.) 

The recitals and description of land in patents in all cases follow the 
register's certificate of entry or location, as prescribed by law. 

When patents are ready for delivery they are, in ail cases, trans- 
mitted to the local office at which the location or entry was made, 
where they can be obtained by the party entitled thereto, upon surren- 
der of the duplicate receipt, or certificate, as the 'case may be, unless 
the duplicate shall have been previously filed in this office with a 
request that the patent be delivered as requested by the person sending 
the same; and in no case is the patent delivered, either from this or 
the local office, except upon receipt of such duplicate, or, in case of its 
loss from any cause, upon the filing in lieu thereof of an affidavit made 
by the present bona fide owner of the land, accounting for the loss of 
the duplicate, and also showing ownership of the tracts or a portion 
thereof embraced in the patent. 

Patents are delivered free of charge. 

BOUNTY LAND BUSINESS. 

Of revolutionary bounty land scrip, authorized by the acts of August 
3, 1852, and June 22, 1860, and founded on Virginia military land- war- 
rants granted for services in the war of the Revolution, four claims, in- 
cluding 1,488 j- acres, were satisfied during the year by the issue of 
scrip. The number of such claims pending is 313, embracing an aggre- 
gate area of 102,404^- acres. The latter include only such as await the 
removal by claimants of minor defects to perfect their claims. 



PUBLIC LANDS. 13 

Iii commuting these Virginia military land-warrants into scrip a 
difficulty occurs of do small magnitude, rendering the progress of the 

work necessarily slow. Such land-warrants were issued mainly tociti- 
zens of Virginia and other Southern Stales. One of the results of the 
late war of the rebellion was that many of these claimants either lost 
their lives or were dispersed over the States. This, with other facts, 
renders it difficult for claimants to establish u present proprietorship." 
From the commencement of operations under the several acts up to 
June 30, 1890 : 

Acres. 

Under act of 1847, 88,203 patents were issued, including an area of 13,212, 120 

Under act of 1850, 189,133 patents were issued, including an area of 13, I(i7, 040 

L' uder act of 1852, 11,991 patents were issued, including an area of (594, 240 

Under the act of 1855, 262,597 patents were issued, including an area of . . 34, 075, 310 

Total 08,148,710 

There were located in the several land States and Territories during 
the fiscal year ending June 30, 1890 (or, if before, not heretofore re- 
ported), under the several acts of 1847, 1850, 1852, and 1855, before men- 
tioned, warrants covering 24,040 acres. 

ACCOUNTS. 

Mistaken methods and practices which had grown up in the accounts 
division of this office, has caused a great accumulation of official busi- 
ness in arrears at the opening of the fiscal year which obstructed the 
operations of the division, and unnecessarily consumed much valuable 
time in work of no practical consequence. These methods and prac- 
tices during the year were abolished. The clerical force was re- 
arranged and in effect its value increased by the transfer of clerks from 
unimportant or unnecessary to valuable work. The pressing business 
of the division has thus been expedited, and greater efficiency effected. 

The duties of the division, under section 456, Revised Statutes, in 
auditing "all public accounts relative to public lands," are elaborate 
and responsible, and involve an amount of labor not easily estimated. 

The aggregate of accounts adjusted amounts to $10,200,339, and the 
disbursements to $6,887,295.12, or an excess of receipts over disburse- 
ments of $3,313,033.88. 

The multifarious work of this division is up to date, with the excep- 
tion of the accounts of deputy surveyors. 

SPECIAL DEPOSITS. 

During the year the deposits by individuals to defray the expense of 
office work in connection with the survey of mineral lands in certain 
public land districts, are reported as amounting to $69,264.25, and de- 
posits by railroads for field aud office work in California, Louisiana, 
Minnesota, and Utah as amounting to $24,779.24, or a total by individ- 
uals and railroads of $94,043.49. 



14 REPORT OF THE SECRETARY OF THE INTERIOR. 

MINERAL LANDS. 

One thousand three hundred and fourteen mineral entries, embracing 
35,336.81 acres, were made. 

One hundred and eighteen coal entries were made, embracing 1(),198.34 
acres. 

One thousand four hundred and seven mineral patents and two hun- 
dred and twenty-four coal patents were issued, the coal patents embrac- 
ing an area of 33,773.72 acres. This is an increased' over 50 pei cent, 
of mineral and coal patents issued, as compared with last year. 

One thousand six hundred and forty-eight current mineral and coal 
entries were examined, an increase over last year of about 60 per cent., 
and 1,958 suspended mineral and coal entries were re-examined, as 
against 1.544 for previous year. 

Contests received were 75, an increase of 1(> over last year, and 127 
quasi-contosts were received. 

Of contest eases 265 were considered,. as against 231 for the previous 
year, an increase of 34 cases. Of agricultural and quasi-contest cases, 
involving mineral questions, 520 were examined. 

Kx parte mineral entries are in arrears about two and one-half years. 

Contest cases, quasi-contests, and ex parte coal entries are up to date. 

The chief of the division submits the following draft of a bill for the 
relief of persons who have or who may hereafter make entries under 
the pre-emption or homestead laws: 

Be it enacted by ike Senate and House of Representatives of the United States of America 
in Congress assembled, That any person who lias made or who may hereafter make an 
entry, at any district laud office, under the homestead or pre-emption laws, of any 
lauds of the United States not known at tbe time to contain valuable deposits of 
mineral, shall have the right upon compliance with the requirements of the law under 
which the claim is inil iated, to a patent for the; land so entered, notwithstanding any 
discovery of mineral deposits upon or under the surface of any of said lands after the 
date of such entry : Provided, that this act shall not affect the status of any entry 
heretofore canceled. 

Such proposed legislation, he believes, would be proper and just 
in view of the present law as interpreted by departmental decisions, 
which is, that this office will upon proper protest made that lands en- 
tered under the agricultural laws, but not patented, have since entry 
been discovered to be mineral in character, investigate the matter and 
cancel the entry if the facts charged in the protest are found to be true. 
He refers to the recent discoveries of phosphates in Florida as a demon- 
stration of the hardship of the present law. 

In addition to the great volume of work shown by the above state- 
ments, a vast amount of book-keeping, examining, copying, executive, 
and miscellaneous work was done, much of which can not be classified 
under any general head, including 107,649 official letters and decisions, 
covering 50,507 pages of letter record. 



PUBLIC LANDS. 15 



GREAT SIOUX INDIAN RESERVATION. 

By the act of March 2, 1889, providing' for a division of the great 
reservation of the Sioux Nation of Indians in Dakota, into separate or 
smaller reservations, and the relinquishment to the United States of 
the Indian title to the remaining lands, it is provided that on proof of 
the proper relinquishment of those lands by the different bands of the 
Sioux Nation, under the forms or terms prescribed in article 12 of the 
treaty of April 29, 1868, between the United States and the Sioux 
Nation, the cession shall be made known by proclamation by the Presi- 
dent of the United States. 

Consequently, the President, acting on proper proofs of the cession, 
on February 10, 1890, made known and proclaimed that the Sioux 
Nation had lawfully ceded to the United States the lands outside of the 
separate reservations, and declared the act of March 2, 1889, " to be in 
full force and effect, subject to all the provisions, conditions, limitations, 
and restrictions therein contained." Circulars dated, respectively, 
March 3 and March 25, 1890, were addressed to registers and receivers, 
explaining and enforcing the provisions of the act. 

The proclamation and circulars in plain language declare that the 
domain of the separate Indian reservation and the rights of the Indians 
must be inviolable, and that all the provisions of the act must be rig- 
idly observed. Ecjuitable instructions, under the law, have been issued 
to the proper officers for the protection of the Indians as fully as possi- 
ble from wrong or impositions from whatever cause, and in their rights 
on the reserved lands, and on the lands on which they now reside; also 
for the protection of the lawful homestead and pre-emption settlers ; 
for the determination of all contests between Indians and citizens, as to 
disputed claims to lands ; for the allotment of lands in severalty to In- 
dians on the reservation ; for the definition of boundaries ; the disposi- 
tion of school sections 16 and 36 ; the survey of the lands, and generally 
for the protection of the Indians in all their rights under the law and 
the treaty of cession. No purchase by citizens of the settlement or im- 
provements of the Indians will be recognized as having any validity, 
and all filings and entries will be treated as subject to the Indians' 
right to take allotments. (See Appendix C.) 

By this acquisition, while certain tracts of land estimated as contain- 
ing 12,681,911 acres are reserved for the occupation of the Indians, the 
public domain receives an addition of about 9,053,935 acres, which will 
secure valuable homesteads to a large number of families, after deduct- 
ing the grant of the sixteenth and thirty-sixth sections for school 
purposes, and satisfying' all claims for Indian allotments in the ceded 
country. 



16 REPORT OF THE SECRETARY OF THE INTERIOR. 



OKLAHOMA. 

By the act of March 2, 1889, and the President's proclamation of 
March 23, 1889, certain lands in the Indian Territory, known as Okla- 
homa, were opened to settlement under the homestead laws, and land 
offices established at Kingfisher and Guthrie. By the act of May 2, 
1890, the tract of land known as the Public Land Strip, or "No Man's 
Land/ 7 with certain other lands, was added thereto, and these several 
tracts of land were created into a Territory to be known as Oklahoma, 
with a suitable government. * 

Naturally, under the conditions or circumstances attending the open- 
ing of Oklahoma to settlement, unusually heavy labor and much diffi- 
culty has been caused this office in the consideration and determination 
of settlers' claims under the agricultural laws, as also by the special 
town-site act of May 14, 1890, in determining their proper construction 
and in the preparation of instructions to local land officers for their 
government under them. In the circulars of the Secretary of the In- 
terior, dated respectively June 18, 1890, and July 10, 1890, and in my 
circular of July 18, 1890 (see Appendix G) is contained the latest in- 
formation respecting land matters in Oklahoma. 

ABANDONED MILITARY RESERVATIONS. 

The appropriation of $20,000 for the survey, appraisal, and sale ot 
abandoned military reservations by the act of March 3, 1885, was ex- 
hausted in the execution of the surveys under the instructions of de- 
partmental letter of January 20, 1887. 

No further instructions authorizing surveys of these reservations 
have been received since that date. Lack of funds has prevented a fur- 
ther compliance with the provisions of the act of July 5, 1884, author- 
izing the survey, appraisal, and sale of these reservations, and it is urged 
that an appropriation of $20,000 will be necessary to complete their 
survey. 

An official list of these reservations, seventy-five in number, and their 
acreage and present condition, will be found in Appendix C. 

MAP OF THE UNITED STATES. 

The draughting division was active in its labors during the year, and 
executed some important and most useful work. The map of the United 
States was revised and corrected from official surveys. Maps were com- 
piled and tracings for maps made of a number of the States and Terri- 
tories, and others are in rapid course of compilation. An edition of 
14,000 copies of the map of the United States is now in press, and maps 
of States are in the publishers' hands. 



PUBLIC LANDS. 17 

A large number of railroad maps were examined and reported upon, 
and a larger number prepared with land-office designations. Much 
photo-lithographing work was performed under its direction, with much 
other and useful labor, a description of which, in detail, will be found 
in Appendix L. 

CONTESTS. 

The volume of contests under the different acts relating to the public 
lauds decreased somewhat during the year. During the previous fiscal 
year the number of contest cases received was 8,179; tho.se received 
during this year numbered 7,631 (a decrease of 548), while a larger num- 
ber of cases during the year was finally disposed of, and a lesser number 
at the close of the year remained pending. The annexed statement 
embraces the principal transactions of the contest division during the 
year : 

Cases. 

Contests on hand July 1, 1889 ... e, 185 

Received during the year 7,C31 

Total 15,816 

Cases finally disposed of 8,470 

Leaving pending July 1, 1890 7, 346 

Involved in these pending 7,346 cases is embraced an acreage of 
1,175,360 acres. Other important work performed by the contest di- 
vision will be found in detail in Appendix H. 

Particular attention is called by the chief of this divisiou to that class 
of coutest cases in which no appeal is taken from the decision of the 
local land officers. On hand on July 1, 1889, and received during the 
fiscal year, were a total of 11,560 such cases, of which 7,374 were closed 
or disposed of during the year, leaving on hand 4,186 cases. Every 
effort was made to expedite the closing up of this class of cases, but it 
was found impracticable to accomplish more with the clerical force 
available tor such work. It is believed, however, that a practicable 
remedy will be found through a proposed modification or amendment 
of the rules of practice. 

PREEMPTION. 

Owing to the vast accumulation of entries not reached for action, and 
the many thousand cases which were suspended under the merely tech- 
nical rules of the late "Board of Review,* the correspondence of the pre- 
emption division for the past year has been very heavy. Work was 
especially directed to relieve the over-burdened suspended files, and to 
reduce the surplus of accumulated cases. Great progress has been made. 
But the efficiency of the pre-emption service was "seriously crippled " 
by a reduction of its force by transfer to other divisions of some of its 
INT 90— vol I 2 



18 REPORT OF THE SECRETARY OF THE INTERIOR. 

experienced employes, while their places were unavoidably left unfilled 
or only partially filled by inexperieuced clerks. 

Entries. 



Suspended. 



Not 
examined. 



Osage entries all in Kansas 
Other pre-emption entries . 



139 
2, 5D:i 



14, 2-.T. 

47, 041) 



Total 



2, 7J2 



61, 274 



In Kansas the Osa.se entries, on which full payments were made, not examined 7,954 

Osage entries on which partial payments were made, not examined 6,271 

14, 225 

Cases pending June 30, 1SS9 88,754 

Cases received during the year , 24, Odfc 

112, 762 
Disposed of during the year: 

Approved for patent. 48, 526 

Canceled or referred to other &i\ is. ens 270 

48,796 

Pending July 1,1890 63,066 

Examined and suspended 2, 69:' 

Not examined 61, 274 

63, 966 

Entries subjected to preliminary examination and suspension during the fiscal year 7, 117 



VACANT OLi UNSETTLED PUBLIC LANDS. 

Every effort in uiy power has been made to obtain at least approxi- 
mate areas and their location in the several land States and Territories 
of vacant or unsettled public lauds. The local land officers, in their re- 
spective districts, have labored faithfully to furnish this information. 
But with all their assiduity 1 have been unable to obtain completed re- 
turns from all the States for my report proper. But a complete state- 
ment will doubtless be included in appendix C of this report. To illus- 
trate the value of this information, I will mention with reference to the 
Southern States, as to which many inquiries have been received in re- 
gard to particular localities, that 085,900 acres of vacant and surveyed 
land in the Montgomery district, Alabama, have been reported ; in 
Louisiana, in the New Orleans district, an approximate of 825,669 acres; 
in Arkansas (entire), 4,902,329 acres ; in Mississippi (entire), 1,407,480 
acres ; in Florida (entire), 2,283,626 acres surveyed and over 3,000,000 
acres of unsurveyed lands. It is probable, however, that the larger 
part of the unsurveyed Florida lauds have passed to the State under the 
swamp grants, or is swamp in character. 

This information is regarded as important to the emigrant or citizen 
looking to a proper location on our public lands, and a statement, com- 
prehending all the facts attainable will be pushed to an early comple- 
tion. 



PUBLIC LANDS. 19 



RAILROADS. 



The work of the railroad division, which consists chiefly in the de- 
termination of controversies affecting land grants made by Congress to 
aid in the construction of railroads, wagon-roads, and canals, and the 
examination of articles of incorporation and maps of location filed by 
railroad companies seeking to acquire the right of way over the public 
lands has continued to increase. This fact is due, in a measure, to the 
act of March 3, 1887 (24 Stat., 556,), providing for the adjustment of 
the grants made by Congress to aid in the construction of railroads ; 
and the questions arising are in many cases, by reason of conflicting 
interests, very complicated, and the amounts involved often very large. 

The said act provides for an immediate adjustment, where it appears 
that lands have been erroneously certified or patented on account of 
railroad grants, and that demand be made of the company receiving 
such lands for re-conveyance to the United States ; and directs, in the 
event of failure to make such conveyance, that suit be instituted by the 
Attorney-General to re-invest the United States with title. 

The said act also makes provision for the re-instatement of entries 
erroneously canceled on account of railroad withdrawals, and, upon cer- 
tain conditions, for the confirmation of titles derived by purchase of the 
companies of lands shown to be excepted from the grants. 

The demands made under this act have been numerous, and in some 
cases have resulted in the re-investment of title to the land in the United 
States; but in most cases the demand has been refused, or no response 
made thereto, and suits will be necessary. 

The work of adjustment contemplates a disposition of every tract, 
prescribed by the granting act, situated within the primary or granted 
limits ; an inspection of each tract certified or patented to the company 
within such limit, to determine whether such certification or patenting 
was proper ; the listing of those tracts shown to be erroneously certi- 
fied ; and the determination for what tracts lost to the grant indem- 
nity is allowable. 

It is necessary, in making such an adjustment, that all questions of 
conflicting claims, either between settlers and the road, or between two 
roads, the grants for which conflict or overlap, be finally disposed of, 
so that a proper disposition of the land can be shown in the adjustment. 

The question of railroad land-grant forfeiture for breach of condi- 
tions has been before Congress for a number of years without resulting 
in the passage of a general act of forfeiture, and this office, in ord^r to 
avoid complicating the matter, has suspended action upon cases involv- 
ing rights within the limits of such grants and opposite the portion of 
the roads constructed out of time, awaiting the action of Congress. 

Selections by the companies opposite such portions have, with few 
exceptions, also been suspended, and certification or patenting withheld. 

In some of the grants, notably the corporation grants, the lack of 



20 



REPORT OF THE SECRETARY OF THE INTERIOR. 



surveys renders an immediate adjustment impossible, but recommenda- 
tion, accompanied by estimates, has been made that a sum sufficient to 
complete the surveys be appropriated by Congress. 

The adjustments of the giants for the following companies have been 
submitted to the Secretary of the Interior for his approval, viz : 



Name of railroad. 


"When sub- 
mitted. 


Name of railroad. 


When sub- 
mitted. 




Aug. 18, 1888 
Nov. 17, 1888 
Sept. 23, 1889 

Oct, 30,1889 
Nov. 12, 1889 
Nov. 18, 1889 
Dec. 20, 1889 

Jan. 25,1890 




Feb. 26,1890 
Do. 






Cedar Rapids and Missouri River. 


! Vicksburg, Shreveport and Pa- 


Do. 


Chicago, St. Paul, Minneapolis and 


1 St. Paul and Duluth 


Do. 


j Southern Minnesota Extension 

Chicago and Northwestern (Wis- 


Do. 


Little Rock and Fort Smith 


Do. 


Atchinson, Topeka and Santa F6 . . . 
St. Paul, Minneapolis and Manito- 


Alabama and Cbattanooga 

Chicago, Milwaukee and St. Paul 
(Iowa) 


Feb. 27,1890 
May 19,1890 











An adjustment of the grant for the Coos Bay military wagon-road 
was submitted January 13, 1888. 

The letters submitting the adjustments will be found following the 
tables in appendix F. 

The adjustments of the grants for the following railroads have been 
approved, viz : 



Name of railroad. 



When 
approved. 



Sioux City and St. Paul . . . 
Hannibal and St. Joseph. . 
Grand liapids and Indiana 



July 22,1887 
May 29,1890 
June 20, 1890 



The adjustments of the grants for the Hastings and Dakota Kailway 
Company and the Florida and Peninsula Railroad Company are in 
course of preparation. Both of these roads have been entirely con- 
structed, but a large portion of each was built out of time. 

During the last year reports have been made, through the Secretary 
of the Interior, upon a number of bills referred by the several commit- 
tees of Congress for expression of opinion. 

The records and tiles of the railroad division are distinct from those 
of other divisions, and while record is made upon the tract books of 
selections made by the companies, and the approval or rejection of the 
same, yet those interested, after making an examination of the tract 
books, invariably resort to that division for confirmation of the record 
as shown in the public lands division. 

The vital question presented in most of the controversies over which 
the railroad division has jurisdiction is, was the tract excepted from the 
operation of the grant ? Which involves the further question, What 
claims serve to except land from the grant f 



PUBLIC LANDS. 21 

In the early administration of these grants the construction was gen- 
erally in favor of the grantee, and the record of a claim was not deemed 
sufficient to defeat the grant, but its validity must be established. 

A claim based upon settlement and residence, without an entry, was, 
therefore, not recognized; neither was a pre-emption tiling upon which 
proof had not been made, or, in other words, that had not ripened into 
an entry. 

In the case of Northern Pacific Eailroad Company v. Anrys (8 L. D., 
362), it is held that "a claim resting on settlement, residence, and im- 
provement, and existing at the date when the grant becomes effective, 
is a claim contemplated by Congress in the exempting phrase, ' occu- 
pied by homestead settlers,'" and a review of this principle was refused 
March 4, 1890 (10 L. D., 258). 

In the case of Malone v. Union Pacific Railway Company (7 L. D., 100), 
it was held that "the existence of a prima facie valid pre-emption filing, 
at the date when the right of the road attached, excepts the land cov- 
ered thereby from the operation of the grant," and in the case of the 
Northern Pacific Eailroad Company v. Stovenour (10 L. D., 645) this 
principle was re-affirmed. 

The change in the rulings made in these cases affects large bodies of 
land and disturbs adjudications heretofore made, as, under the act of 
March 3, 1887, it is mandatory upon the Secretary of the Interior to de- 
maud a reconveyance of title, if the grant is unadjusted and the lands 
have been erroneously certified or patented to or for the benefit of rail- 
roads. (Winona and St. Peter Railroad Company, 9 L. D., 649; Prin- 
deville and Dubuque and Pacific Railroad Company, 10 L. D., 575.) 

The act of June 22, 1874, makes provision for the relinquishment of 
lands by railroad companies in favor of parties who have been erro- 
neously permitted to make entry thereof, and the selection of other lands 
within the limits of the grant inlieu thereof. 

Heretofore, in accepting such relinquishments and permitting selec- 
tions in lieu thereof, no distinction was made between lands within the 
granted limits and those within the indemnity limits; but, under date 
of January 23, 1890, it was held that " lands within the indemnity 
limits of a grant do not afford a basis for relinquishment and selection 
under the act of June 22, 1874 n that a certification on such a basis is 
erroneous, and proceedings for the recovery of title under the act of 
March 3, 1887, were directed. (St. Paul and Sioux City Railroad 
Company 10 L. D., 50.) 

Of the certifications heretofore made under this act a large propor- 
tion is based upon the relinquishment of indemnity lands. 

During the fiscal year ending June 30, 1890, 363,862.15 acres of the 
public lands were certified or patented to States and corporations for 
railroad purposes ; a decrease as compared with the previous year of 
61,183.87 acres. The number of railroad patents issued was eighteen. 
For wagon-roads or canals, no certificates or patents were issued. 



22 REPORT OF THE SECRETARY OF THE INTERIOR. 

The mileage of land-grant railroads actually constructed up to the 
close of the last fiscal year was 18,070.71 miles, of which 40 miles were con- 
structed during the year, 

The lists of railroad selections at the close of the last fiscal year 
awaiting examination or action covered 29,471,709.09 acres ; the selec- 
tions for wagon roads in Oregon covered 305,246.67 acres $ making an 
acreage of 29,776,955.76 acres embraced in pending lists of selections 
for railroad and wagon-road construction. 

Public lands certified or patented to States and corporations up to 1890. 

Acres. 

For railroad purposes (1850 to 1890) 51,379,340.21 

For wagon-road purposes (1824 to 1890) 1, 732, 730. 83 

For caual purposes (1828 to 1890) 4,424,073.06 

For river improvements (1828 to 1890) 1, 406, 210. 80 



53, 992, 360. 90 

A statement of the annual report for June 30, 1888, (p. 232-241) 
shows the dates of filing of maps of location by land-graot railroad com- 
panies and the dates of withdrawal of lands made thereon. But one 
such map has since been filed (main line of the Southern Pacific Kail- 
road about 20 miles westward from Huron in California), withdrawals on 
which were ordered April 15, 1890. 

Articles of incorporation filed by thirty-six railroad companies for 
right of way through the public lands were approved during the year. 
The whole number of railroad companies claiming such right of way 
on July 1, 1890, under the general right-of-way act of March 3, 1875, 
was 360. A large number of maps of location, filed by these com- 
panies duriug the year, were returned, as failing to strictly comply with 
the prescribed forms of certificate and affidavit required to be attached 
to such maps. 

A logging company managed to secure approvals of articles of in- 
corporation and maps of location for a railroad. In its construction 
public timber was used. But it was subsequently learned that the road 
was not intended as a common carrier, as required by the act of March 
3, 1875, under which the right of way was claimed, but merely as a 
private vehicle to facilitate or aid the company in its logging business, 
and consequently proper measures were promptly taken to procure a 
revocation of the grant of right of way. 

SWAMP LANHS. 

In the adjustment of claims for swamp lands and swamp-land indem- 
nity, six special agents were employed during the year in making per 
sonal examinations in the field of lands claimed under the swamp grant, 
and were present on behalf of the Government at the taking of the tes- 
timony presented by the respective States relative to the character of 



PUBLIC LANDS. 23 

tbe land, in accordance with the rules and regulations oi' the Depart- 
ment, dated August 12, 1878. 

During the past fiscal year, 19,216.53 acres were claimed and reported 
to this office under the acts of Congress, approved September 28, 1850, 
and March 12, 1860, granting swamp and overflowed lands to the sev- 
eral States, making the total area claimed and reported under said acts 
80,218,419.21 acres. 

Lists embracing 120,990.19 acres have been formally approved to the 
several States during the past year, increasing the total amount thus 
approved to 59,100,462.67 acres, including 8,708,588.48 acres approved 
to the State of Louisiana, pursuant to the provisions of the act of March 
2, 1849, under which act the approval has the force and effect of a patent. 

Patents have been issued during the last fiscal year under the acts 
of September 28, 1850, and March 12, 1860 (Sees. 2479, 2480, 2481, and 
2490, Eev. Stat.) for 109,351.89 acres, or a decrease as compared with 
the previous year of 150,369.56 acres, making the total patented under 
said acts and approved under the act of March 2, 1849, 57,209,324.43 
acres. 

No land was disposed of during the last fiscal year under the pro- 
visions of the swamp land grant of March 2, 1849. This grant applies 
only to the State of Louisiana. 

Under the indemnity acts of March 2, 1855, and March 3, 1857, dur- 
ing the past year, cash indemnity accounts amounting to $32,472.83 
were examined and allowed, and the tracts patented to the several States 
as indemnity amounted to 7,906.63 acres. 

The total amount of swamp-land indemnity adjusted and allowed 
since the passage of the indemnity act is 1,566,011.41 acres for cash 
entries of swamp land, and 588,126.23 acres patented in lieu of swamp 
lands located with military bounty land warrants and scrip. 

The correspondence and general work relating to swamp lands have- 
been kept up as far as possible, and a larger number of old cases has 
been finally disposed of this year than in the preceding one. 

New selections are being made and reported constantly, and con- 
siderable progress has been made in the adjustment of such claims. 



PRIVATE LAND CLAIMS. 

During the year the following work was performed by the private 
land claims division. 

Indian patents 354 

Oregon and Washington donation patents MA 

Claims in California patented 1 

Claims in Indiana, Louisiana, Florida, and Arkansas patented 28 

Claim in New Mexico, reported to Congress 1 

Claims in Louisiana (act of June 2, 1858) satisfied with scrip amounting to 

10,272.87 acres 29 

Entries with certificates of location finally approved 147 



24 REPORT OF THE SECRETARY OF THE INTERIOR. 

The following is a statement of the condition of the work in that di- 
vision on July 1, 1890 : 

California cases aocketed and not finally adjudicated 14 

Cases confirmed in New Mexico and Arizona and not finally adjudicated 27 

Imperfect claims reported under acts of June 22, 1860, etc., to be reported to 

Congress by this office 2 

Florida, Louisiana, Michigan, Illinois, etc., cases awaiting action 2,935 

Claims wifhm the limits of Las Animas grant in Colorado in which awards 

were made by the register and receiver at Pueblo under act of February 25, 

1869, not adjudicated 3 

Claims within Las Animas grant in Colorado, act of February 25,1869, on file, 

exclusive of one disposed of in 1874, and one withdrawn 24 

Scrip locations pending 854 

Scrip cases, act of June 2, 1858, reported and awaiting action 59 

Oregon, Washington, New Mexico, and Arizona, donation cases reported and 

nor finally adjudicated 117 

Indian allotments not patented 109 

ARIZONA. 

The surveyor-general reports that the work in his office relating- to 
private laud claims has received much of his attention during the last 
fiscal year. He states that: 

In October J reported the Peralta claim for almost 5,000,000 acres of land as a for 
gerv and fraud through and through, and recommended the prosecution of the fab- 
ricators of the fraud. The Commissioner ordered the claim stricken from the docket, 
which order Was complied with. There are several private land-grant claims in this 
of'lice and undisposed of, and some before the honorable Secretary of the Interior on 
appeal on questions preliminary to final investigation and report. 

THE ALLEGED GRANT TO DON MIGUEL DE PERALTA. 

In the case alluded to above by the surveyor-general I rendered a 
decision on February -!(), 1890, holding that the essential foundation of 
a recognizable claim under the laws of Spain and Mexico do not appear, 
etc., and ordering the case stricken from the docket. The letter con- 
taining said decision is given in the appendix, marked D. 

An appeal from the decision was taken, and is now pending before 
the Department. 

NEW MEXICO. 

No progress has been made during the past year in the final adjust- 
ment of private land claims in New Mexico. The subject is one of vital 
importance to the people of that Territory, and many measures have 
been introduced in Congress, from time to time, looking to the speedy 
and just settlement of these rights of property asserted under treaty 
stipulations, but they have failed to become laws. I quote from the 
last annual report of the bureau upon the subject of said claims as 
follows : 

This bureau annually, for many years, has called special attention to the unsettled 
condition of private land claims in New Mexico (and also in Arizona and Colorado), 
asserted under the treaty of Guadalupe Hidalgo and Gadsden purchase. 



PUBLIC LANDS. 25 

More than a third of a century has elapsed since Congress, by the act approved 
July 22, 1854 (10 Stat., 308), provided the first machinery for the definite adjustment 
of these claims to portions of ceded or purchased territory, assuming that the valid 
claims were subject to recognition and protection by the United States, under treaty 
stipulations, terms of purchase, the laws, usages, and customs of the countries having 
the granting authority, etc. But few laws have been enacted touching said claims. 
The act of 1854 was supplemented by the act of February 28, 1861 (12 Stat., 172), the 
seventeenth section of which provides that the duties, powers, responsibilities, etc., 
of the surveyor-general of Colorado shall be the same as those of the surveyor-gen- 
eral of New Mexico, under the direction of the Secretary of the Interior, and such 
instructions as he may from time to time deem it advisable to give him. 

In the sundry civil appropriation act approved July 15, 1870 (16 Stat.. 291), the 
surveyor-general for Arizona is clothed with power to examine claims of this charac- 
ter in his jurisdiction and report upon the same, which reports "shall be laid before 
Congress for such action thereon as shall be deemed just and proper." 

Under the provisions of law referred to, supplemented by departmental instructions 
based thereon, the proper officers have investigated and reported upon numerous 
claims, embracing millions of acres, and those reports, with transcripts of the records 
on which they purport to be founded, have been duly laid before the legislative branch 
of the Government, which alone, under existing statutes, can finally confirm or reject 
them. The titles to sonie have been determined to be valid ; they have been located 
and surveyed in place and carried into patent ; but many are still pending before Con- 
gress (as per exhibits published in former reports), which tribunal has so far neglected 
to deal with them individually; 

In the mean time it is evident that the claimants are to a greater or lesser extent 
enjoying the usufruct of the land, especially where preliminary surveys have op- 
erated in conjunction with official constructions of law to reserve the tracts claimed 
from entry and improvement by actual settlers under the public-land system, this 
without reference to the standing of the claims, prima facie, as set forth in whatever 
official reports have been made in the premises. 

No claim has been directly rejected by action of Congress thereon to my knowledge ; 
and in this connection attention is called to the "Kancho elpasodelas Algodones," 
in Arizona, in which case special action by Congress has heretofore been recommended. 
There is a pressing necessity for further legislation looking to the final and speedy 
settlement of these demands upon the soil, to the end that the public domain may be 
separated from, and its surveys fixed and closed upon, the legitimate boundaries of 
private property. 

Particular attention is invited to that portion of the surveyor gen- 
eral's report (which will be found printed in full in the appendix) rela- 
tive to the small holdings by the large number of people in New Mexico 
who became citizens of this Eepublic as a result of war and annexation. 
Under a perfected colonization system of the former Government, and 
the equitable laws of the Latin races in matters pertaining to the soil, 
these small farmers were secure in their rights ; and, although menaced 
by hostile savages, they clung to the same small parcels of irrigable 
land, subsisting and multiplying thereon, from generation to genera- 
tion. 

These people have no paper titles, and are almost totally ignorant of 
the land system of this Government. 

This matter has been fully explained to Congressional committees in 
times past, and remedial legislation is much needed to protect the inter 
ests of such native-born New Mexican farmers. Their u preference 



26 REPORT OF THE SECRETARY OF THE INTERIOR. 

rights?' to tracts so inhabited and cultivated should certainly be recog- 
nized, and made as clear by law as are similar rights of native or natur- 
alized citizens under existing public-land laws. 
I quote from the surveyor-generaPs report as follows : 

GRANTS. 

During the year the "boundaries of the grant known as La Salina, which said grant 
was confirmed to the heirs of Henry Volcker (25 U. S. Stat., 1194), have been estab- 
lished. Prior to the survey an investigation was made for the purpose of furnishing 
information upon which to base special instructions. 

Only one petition has been filed under section 8 of the act of June 22, 1854. 

The claim above referred to is filed by the Indians of Isleta, who claim certain 
lands outside of the boundaries of the grant confirmed to them, and which is alleged 
to have been purchased by them in 1750. They claim to have been in actual posses- 
sion of the land ever since the date of sale to the Pueblo. * * * 

The failure of claimants to present their claims may be easily accounted for. It is 
a matter of some expense to present a claim before this office. Witnesses must be 
brought here and an attorney must be employed. 

Even should the surveyor-general return a favorable report to Congress, the return 
for all this trouble and expense would be very small. Past experience shows that 
the report would probably not be acted on by Congress, without which action the 
opinion of the surveyor-general would amount to nothing, in view of the decision of 
the Supreme Court of the United States, that the favorable opinion of the surveyor- 
general is no evidence of title. 

There is no subject that more .justly demands the immediate attention of the Gov- 
ernment of the United States than this matter of unsettled land claims. The num- 
ber and character of unsettled claims so far as they have been filed in this office is 
given iu the annexed statement marked Exhibit C, but there is also a very great num- 
ber of just claims that have never been filed. 

New Mexico was first taken possession of by Spain through an expedition com- 
manded by Coronado, just 350 years ago, before De Soto had reached the Mississippi. 
It was permanently settled before 1000. From that time until 1821 title to land 
within its borders was gradually passiug from the Government of Spain to pri- 
vate parties. In a similar manner the Republic of Mexico, by wise colonization laws, 
endeavored to promote the settlement and private ownership of lands, while the Gov- 
ernors acting under her authority often gave away land with what seems to us reck- 
less prodigality. 

When New Mexico became a part of the United States, it contained a population 
of 80,000. Some of these were wealthy and held great tracts of land, often given 
them as a reward for military services. 

Although smaller, holdings of land are more consonant with our ideas of what is 
best for a free community, still it must not be forgotten that the Government of the 
United States agreed to protect these persons in the enjoyment of their property, 
whether they resided here and became citizens of the United States or removed 
southward and remained citizens of Mexico. 

A large number of these claims have been adjusted under the provisions of the law 
of 1854, establishing the office of surveyor-general, and the remainder would soon be 
disposed of if Congress would act upon the reports of the surveyor-general. A care- 
ful re-examination and re-survey would, however, in many cases bo desirable by rea- 
son of the conflicting reports of previous surveyors-geueral and in order that all the 
facts obtainable bearing on each case might be laid before Congress. 

If, however, Congress should be unwilling to take the responsibility of deciding 
these cases, it should empower some tribunal to proceed to decide them. 



PUBLIC LANDS. 27 

SMALL HOLDINGS. 

By far the larger part, however, of the 80,000 people who became citizens of the 
United States by the annexation of New Mexico were poor. They and their ances- 
tors had been located where they were by the colonization plan pursued by Spain and 
Mexico. 

About the time of the discovery of New Mexico Emperor Charles V of Spain de- 
creed as follows : 

'•' If in that which is already discovered in the Indias there should be any places 
and districts so good that it may be proper to found settlements, and any person 
should make application to settle and reside in them, in order that with a greater will 
and profit they may do so, the viceroys and residents may give them in our name 
lands, house-lots, and waters, in conformity with the disposition of the land." 

This plan was pursued until the annexation of the territory by the United States. 
Under the Republic of Mexico the colonization laws and regulations became a very 
complete system, admirably adapted to the character of the people they were designed 
to benefit and to the character of the country to be occupied. The governing ideas 
always were that to any one without land land should be given as long as the 
Government had unoccupied land, and that it was better for the nation that the 
country should be settled and the land reduced to private ownership. 

Generally the lands and waters were assigned to each person "in conformity with the 
disposition of the land " by an inferior officer (Alcalde) sent with them for the purpose. 
The result would be a placita with its outlying lands, something like the following : * 

The Arabic figures indicate the house lot on which the man lives with his family, 
and the Roman numerals his farm lot, on which he raises the little crop of wheat and 
vegetables by which they subsist. 

The moisture which causes his crop to grow comes not from the blue sky over his 
head, but from the acequia at the rear ; and when his turn comes to use it he cuts its 
bank with his hoe, and the life-giving water quickly fills his first square of earth to 
the depth of a few inches, then, as the ground all slopes gently down toward the 
river, the water moves quietly on from cross-ridge to cross-ridge, leaving the square 
behind it so thoroughly soaked that under the warm sun of New Mexico they will 
produce luxuriantly of whatever may be required of them. From the nature of his 
cultivation his land must extend from the acequia downward as the land slopes ; 
and so farms that look all out of shape to the Eastern man are the almost universal 
custom here, and they are more apt to grow narrower rather than wider, for if a man 
who owns a strip 200 yards wide and one-fourth of a mile long dies leaving four 
children, then each of them, without a will or deed, but simply because every one so 
understands it, becomes the owner of one-fourth of it, that is, of a strip of the full 
length and 50 yards in width. Again, the owner of lot 3 may, on marriage, acquire 
with his wife lot 14. Then he goes on cultivating the two without seeming to try to 
get his holdings consolidated. 

Of course, the owners can not make entries under the land laws for land in such 
shapes. Their not living on the lands would also prevent entry. 

The owners of all the farm lots up and down the river live together about the 
plaza, in which they can quickly rally in case of an Indian attack, the regulations 
requiring every man to be supplied with arras and horses for the common defense. 
Unitedly they dig the acequia and do other work for the common good; unitedly 
they rear the village church and maintain its worship. Sometimes the settlement 
was established by a formal grant, which gave to it also the land for ten or twenty 
miles on either side of it. In such cases it is specified that this is for the common 
benefit of the settlers, by furnishing them pasture land and wood land, and for those 
who should afterward join themselves to the new settlement. 

The idea of the Mexican people always was that the large tract gave the settle- 
ment room to grow 3 and that any new comer or boy becoming of age who wanted a 

* See next page. 



28 



REPORT OF THE SECRETARY OP THE INTERIOR. 




PUBLIC LANDS. 29 

piece of land out of the common stock to cultivate could have it, and could go on to 
improve it by taking out a new ditch or otherwise. 

In view of these facts I think that everyone living in this community at the time 
that it was transferred to the United States had a certain interest in the outlying 
lands, and that they did not belong exclusively to the heirs or assigns of the one or 
more settlers mentioned in the original papers. I also think that every member of 
such a community, no matter how poor he may be, was included in the provisions of 
the treaty of Guadalupe Hidalgo, that Mexicans electing to becomes citizens of the 
United States ° shall be protected in the free enjoyment of their liberty and property." 
In order to protect them in their property in land, and to avoid taking it away from 
them and throwing it into the mass of its own property, the public domain, it was 
necessary for the United States to determine what the property of each one was. 
This should have been done at once. As it was not done, and matters were allowed 
to drift along in the old way, I consider that the Mexican custom as to the rights of 
new comers who joined themselves to a community, continued to run, and that every 
person now holding land on a grant made under the colonization laws has an inter- 
est in the outlying lands of the grant. 

The question as to what each man owns should be settled at once. The whole 
prosperity of New Mexico depends upon it. The gravest evils have already resulted. 
Supposed interests in community grants have been brought up, and under them 
large tracts have been fenced and poor men have found themselves substantially 
shut up to their farm lots and thereby reduced to the greatest distress. While they 
could get a living from the farm lot combined with the herd of goats and sheep 
living on the common pasture, and with the privilege of the common timber lands, 
they can not get it from the farm lots alone. The result is widespread suffering, rest- 
lessness and trouble, which threatened the peace of the community. 

I think the remedy for this is surveys, combined with authority given the land 
offices to issue patents to each man for what belongs to him. The deputy surveyor's 
going to such a community and telling the people that he has come to assist them in 
getting title to their homes, would be rendered every assistance. Let every farm lot 
of long occupancy be surveyed and shown on the township plat as belonging to its 
owner. Then if it be an unconfirmed community grant with outlying lands, assign 
to each one a wood lot, say of the same size as his farm lot, in payment for his in- 
choate right in these outlying lands. Lands that could be made very valuable can 
not be left as unfenced commons for the benefit of a few goats and cattle. 

The system that was adapted to the old time and the needs of a sparsely settled 
community must now pass away and be replaced by the American plan of individual 
ownership and inclosed lots, and the sooner the Government makes the inevitable 
change, the better it will be for all concerned. 

After the plat goes to the register, the indications of ownership thereon should be 
subject to contest by anyone claiming the same land, ki the manner that entries are 
now. 

But there would be but few contests. The ownership of lots in this country is 
well known, and universally acquiesced in, with rare exceptions. Long continued 
occupation, with the consent of the Government and ail parties interested, consti- 
tutes as just a claim as property is held by anywhere. A settlement of these matters 
in accordance with justice will be a permanent settlement and will be the best for 
the Government, and best for all interests in New Mexico. 

Certain title to the land is the foundation to all values. Enterprise in this Terri- 
tory is greatly retarded because that foundation is so often found lacking. 

COLORADO. 

Nothing of importance is contained in the annual report of the sur- 
veyor-general regarding the few private claims in his district. From 
a special communication from him (to enable this office to reply, in part, 



30 REPORT OF THE SECRETARY OF THE INTERIOR. 

to inquiries by the United States Senate, resolution of June 20, 1890), 
the following extracts are furnished : 

Of the Vigil and St. Vrain grant only one derivative claim, No. 2, awarded to 
Norton W. Welton, amounting to 760 acres, is pending before this office. (See letter 
of July 2/ 1890.) 

Of only two unconfirmed grants papers are on file in this office, namely: The 
Conejos grant and the Mendano and Zapato grant. 

I can not find in the office any record of a decision taken in regard to these grants, 
but I presume that in the time of Surveyor-General Pelham, then surveyor-general 
for New Mexico and Colorado, these grants were declared invalid. 

I can not find in the records -Miy papers, petitions, or names of counsel or attor- 
neys, who have prosecuted said claims since the time of Surveyor-General Pelham. 

Below follows a synopsis of the papers on file in regard to the said Conejos and 
Mendano and Zapato grants, giving boundaries as claimed, names of claimants, etc. 

CONEJOS GRANT NO. 80. 

Petition to Hon. William Pelham, surveyor-general of New Mexico; Jose" Maria 
Martinez, Antonio Martinez, Julian Gallajos, and Celodonio Valdez, in their behalf 
and of others, represent to be claimants and owners of a tract situated on the Rio de 
los Conejos, on the north bounded by the hill of the Garita; on the south by the 
mountain of San Antonio ; on the east by El Rio del Norta, and on the west by La 
Sierra Montoza, each of the claimants having 200 varas in width, fronting on the 
river. 

The original grant made by the Mexican Government being lost, they ask to make 
oral proof. They can not set forth the quantity of land included in the grant, no 
survey having been made. They do not state how many claimants, but ask confirma- 
tion by their attorney, J. Houghton, not dated. 

Carlos Beaubien makes a statement under date of August 4, 1855, that in the year 
1832 or 1833, he was with an alcalde, deceased, ordered to lay out the tract of Los 
Conejos and distribute the tract to the persons who asked the donation. 

Thirty-six persons claim right to land, aud petition Hon. Juan Andres Archuleta, 
prefect of the first district, also without date. 

MENDANO AND ZAPATO GRANT. 

Antonio Mattias Gomez and Jose" Luis Baca de Sondaya, appear before the Governor, 
Facuuda Melgares, by petition dated January 19, 1820, asking to forward an applica- 
tion to Mexico in order that they may be placed in possession of a tract, known to be 
public laud, and as -a grant commonly called the Springs of the Mendano and the 
Zapato and the Rito, which leads near the outlet of the Pedrogosa mountain, and 
which joins the Grand Lake. 

The governor by date of March 14, 1820, states in his petition that this grant appears 
to him to be just, and approved the possession of the above-named petitioners. 

Thence follows a decree dated Mexico, April 1, 1820, issued by the President ad 
interim of the Republic of Mexi co, stating that the petition of Antonio Mattias Gomez 
and Jos6 Luis Baca de Sondaya, addressed to the Senate, is granted, and the Gov- 
ernor is ordered in company with his alcaldes to designate the boundaries of the grant 
and give title papers. 

The signature of the governor, Facnnda Melgares, is different from his signature 
on papers of other confirmed grants on file in this office. 

The governor also makes (order) that this grant shall be in force on common pa- 
per, there being none with stamps in this kingdom or in this jurisdiction under his 
charge. 

A petition going at the present time from Santa F6 to Mexico to the Senate, to the 
President, and back to the petitioners in fourteen days, would be considered quick 
traveling and a speedy action taken. In the year 1820, it was utterly impossible 



PUBLIC LANDS. 31 

LOUISIANA. 

Very few confirmed private land claims in Louisiana have been car- 
ried into patent during the fiscal year. 
Upon this subject, I quote from t he surveyor general's report as follows: 

It is certainly remarkable that years should be allowed to roll on, cfecade after de- 
cade, leaving the citizens totally unable to obtain patents on at least 5,900 private 
claims solely because the office possesses no " clerks" to prepare plats of survey. Time 
only adds embarrassments to this matter, and unless it is soon attended to, the em- 
barrassments will certainly increase. But since my predecessors have urged the same 
matter for years past, I am satisfied that the Department is fully cognizant of all the 
facts in the premises. 

SURVEYOR GENERAL'S SCRIP. 

Of the pending claims to this class of indemnity, under the provis- 
ions of section 3, of the act approved June 2, 1858 (11 Stat., 291), 
tweuty-niue have been adjusted during the year, and the scrip, or "cer- 
tificate of location," authenticated and delivered to the legal represent- 
atives of the deceased confirmees. The amount of land involved is 
16,272.87 acres. 

It is deemed proper to again call attention to the recommendations 
in this matter contained in the annual report of this office for the year 
1888 (pp. 35, 36, 37, and 448). 

FLORIDA. 

There are a large number of confirmed and surveyed but unpatented 
private land claims in Florida. Conflicting surveys exist, which have 
not been adjusted as contemplated by the eleventh section of the act 
approved February 8, 1827 (4 Stat., 204). In relation to the original 
papers upon which these claims were based, the surveyor-general 
reports as follows : 

THE SPANISH ARCHIVES. 

Since 1849 this office has been the depository of that large mass of ancient docu- 
ments of the Spanish provincial government, left at St. Augustine when the United 
States acquired title to Florida. These records contain the basis of titles to lands to 
an extensive amount, and probably contain, also, historical matter of much value. 

In my opinion they are worthy of better care than they have heretofore received. 
It is believed that the Spanish land titles derived from them and preserved in other 
records, written and printed, are but a portion of the important matter still locked 
up in these archives, which contain the probate records, the original wills, the 
dockets of civil and criminal courts, and voluminous records of naval and military 
history. 

These records are unique, and in case of loss can not be duplicated or restored 
They are not wholly safe from lire. They have long been subject to the destructive 
attacks of insects which perforated some of the volumes and bundles to an alarming 
extent, so that I have used means for destroying the moths. These original manu- 
scripts are of much the same character and importance as those of some of the Pacific 
districts, where they have been honored with a special officer as keeper of Spanish 
archives. 



32 REPORT OF THE SECRETARY OF THE INTERIOR. 

I would respectfully recommend that provision be made for a competent clerk and 
translator, who shall index, translate, and preserve the valuable portions, and make 
their contents accessible to investigation, before the fading of ink and ravages of in- 
sects shall render them useless, or fire shall entirely destroy them. 

A similar collection of Spanish archives of the province of West Florida was kept 
at Pensacola in care of an officer called " keeper of Spanish archives." 

When that office was discontinued in 1849, the papers in his charge were retained 
at Pensacola. At the suggestion of your office I have made investigation, and find 
that only a small portion of these archives are extant, the remainder having been 
destroyed by Are. 

CALIFORNIA. 

One private laud claim patent in this State was issued during the 
fiscal year; the " Rancho Canada de los Baqueros f area 17,760 acres. 

UNDELIVERED PATENTS. 

There yet remained in the office of the surveyor-general eleven un- 
delivered patents for private land claims, upon which fees amounting 
to $2,262.33 are due. A list of the same with their respective areas, and 
names of the patentees will be found in the last annual report of this 
office on page 21. 

SPANISH ARCHIVE DEPARTMENT. 

Relative to this branch of the surveyor-general's office, I quote the 
following from his report : 

In reference to this department, which is a very important one in connection with 
this office, I would state that upon the records therein rests the title to a large por- 
tion of the lands in the State, as well as containing in itself a full account of the 
early settlement of the State and all matters of public interest from which a com- 
plete history could be compiled. It appears to be in a satisfactory condition. Ref- 
erence to former reports show that the Department must be fully advised of the past 
work performed and of the work outlined for the future, and for that reason I will 
condense the somewhat lengthy report made to me by the officer in charge. 

The work has been great and laborious translating and indexing 959 expedientes, 
or records of proceedings, with all the title papers tiled in the 813 cases presented 
for confirmation, and including as well copies and translations of the books of reg- 
ister of titles No8. I, 2, 3, and 4 ; books of records of possession Nos. 5, 6, and 7 have 
been completed and the originals carefully preserved. The volume entitled Miscel- 
laneous Documents and Transfers, that shows the chain of title from the original 
grantees to the parties who presented any individual claim to the Board of Land 
Commissioners for confirmation, is now complete. 

All original title papers and all other documents that in any way relate to the 
tracts of land referred to in the petition of the applicant, have been segregated so 
that whoever examines the transeripts will find the proceedings that w r ere had upon 
the petition of any individual for a specified tract of land up to the date of the pres- 
entation of the claim to the land commissioners. 

The completed work contains 18,200 pages of writing, in twenty-six large volumes, 
each indexed and two volumes containing 623 tracings of original maps or disenos. 
The work of compilation of the 302 volumes of Spanish archives has likewise been 
completed during the past fiscal year, and the work now being performed is that of 
classifying and assorting the innumerable subjects, after recording and indexing in 
chronological and proper order. The abstracts and translations of which the index 



PUBLIC LANDS. 



33 



will be composed have been made by careful study from 230,639 pages of Spanish 
manuscript contained in these ancient archives, and it is expected that during the 
next three or four years the Government will have in its archives the most complete, 
descriptive, and interesting index of public records that has ever been made of Span- 
ish archives. 

The index will be arranged alphabetically and chronologically with proper side 
references, in such a way that any one desiring to know a certain fact contained in the 
volume will at once find what he wants in English, often reading in the index itself the 
exact words that were used by the writer of the document one hundred years ago. 

The volumes, embracing a great variety of subjects, have been arranged differ- 
ently, to facilitate reference, and are numbered from 1 to 302, the former way of index- 
ing being absolutely unintelligible. 



SURVEYS OF PUBLIC LANDS. 

During the fiscal year ending June 30, 1890, surveys have been ac- 
cepted, after an examination in the field and careful comparison with 
the examiner's reports and inspection of the piats and field notes in 
this office, as follows : 



States and Territories. 


Acres. 


States and Territories. 


Acres. 




507, 748. 27 

162, 031. 41 

473, 457. 72 

929, 992. 35 

2, 519. 33 

22, 148. 58 

144, 855. 29 

620, 161. 42 

i 




23, 039. 51 
408, 857. 33 
237, 181, 78 














84, 100.46 




Utah . 


576, 525. 50 






180, 122.99 




Total 




4, 462, 691. 94 







The appropriation (approved March 2, 1889) for the survey and re- 
survey of the public lands for the fiscal year ending June 30, 1890, was 
$200,000, of which sum $20,000 was authorized by the act to be applied 
to the examination of surveys, etc. 

Said act specifically provided as follows, viz : 

That in expending this appropriation preference shall be given in favor of survey- 
ing townships occupied in whole or in part by actual settlers ; and the surveys shall 
be contined to lands adapted to agriculture and lines of reservations. 

With reference to rates of mileage the act further provides as fol- 
lows, viz : 

That the Commissioner of the General Land Office may allow for the survey of 
lands heavily timbered, mountainous, or covered with dense undergrowth, rates not 
exceeding $13 per linear mile for standard and meander lines, $11 for township, and 
$7 for section lines ; or if, in cases of exceptional difficulties in the surveys, the work 
can not be contracted for at these rates, compensation for surveys and resurveys may 
be made by the said Commissioner, with the approval of the Secretary of the Interior, 
at rates not exceeding $18 per linear mile for standard and meander lines, $15 for 
township, and $12 for section lines. 

The terms of the appropriation act specially allotted the sum of 
$10,000 for the surveys of lands opened to settlement in the Territory 
of Montana under the act approved May 1, 1888 j also allotted the sum 
INT 90— vol i 3 



34 



REPORT OF THE SECRETARY OF THE INTERIOR. 



of $5,000 for the survey of the west boundary Hue of the White Mount- 
ains or San Carlos Indian Reservation, in the Territory of Arizona. 

Deducting the specific allotments made by the act for surveys in 
Montana and Arizona and examination of surveys in the field (aggre- 
gating $35,000), the amount of the appropriation actually available for 
public surveys and re-surveys and applicable to all surveying districts 
was $105,000, which was apportioned to twelve districts, as provided 
in the following table : 



Districts. 


Amount. 


Districts. 


Amount. 




$5, 000 
10,000 
15, 000 
25, 000 
10, 000 
5, 000 
15, 000 




$10, 000 
It), 000 








Utah 


5,000 
20 000 


Dakota 








10 000 




Total 






140, 000 







The sum of 825,000 was reserved for any contingencies that might 
arise in any of 'the several surveying districts, including Florida, Louisi- 
ana, and Nevada, to which no formal apportionments were originally 
made, although stated amounts for special surveys were subsequently 
apportioned to Louisiana and Nevada. 

During the fiscal years, 18S5-'86, 18S6->87, and 1887-'88, under official 
instructions, expenditures of the appropriation were confined to districts 
where existing settlements on the lands presented special claims for 
recognition. Said regulations were in effect first incorporated by Con- 
gress in the appropriation act approved October 2, 1888, and were em- 
bodied in the act approved March 2, 1889. 

The annual surveying instructions for the several fiscal years as 
stated, which defined the class and character of the lands to be sur- 
veyed (except as to timber lands and other modifications), were con- 
tinued in force, and additional surveying instructions for the fiscal year 
1889-'90 were issued to all surveyors-general, and were transmitted July 
26, August 10, 20, and 22, 1889. 

The annual surveying instructions for the fiscal year ending June 30, 
1890, read as follows : 



The U. S. 



Department of the Interior, General Land Office, 

Washington, D. C, August 16, 1889. 
Surveyor-General, 



Sir : By the act of Congress approved March 2, 1889, making appropriations for 
sundry civil expeuses of the Government for the fiscal year ending June 30, 1890, and 
for other purposes, there was appropriated : 

"For surveys and resurvoys of public lands, including ten thousand dollars for 
surveys of lands opened to settlement in the Territory of Montana under the act ap- 
proved May first, eighteen hundred and eighty-eight, and including five thousand 
dollars, or so much thereof as may be necessary, for the survey of the west boundary 
line of the White Mountains or Sau Carlos Indian Reservation in the Territory of 
Arizona, two hundred thousand dollars, at rates not exceeding nine dollars per linear 



PUBLIC LANDS 35 

mile for standard and meander lines, seven dollars for township, and five dollars for 
section lines : Provided, That in expending this appropriation preference shall he 
given in favor of surveying townships occupied, in whole or in part , by actual set- 
tlers ; and the surveys shall be confined to lands adapted to agriculture and lines of 
reservations : Provided further, That the Commissioner of the General Land Office 
may allow, for the survey of lands heavily timbered, mountainous, or covered with 
dense undergrowth, rates not exceeding thirteen dollars pen- linear mile for standard 
and meander lines, eleven dollars for township, and seven dollars for section lines, 
or if, in case of exceptional difficulties in the surveys, work can not be contracted 
for at these rates, compensation for surveys and resurveys may be made by the said 
Commissioner, with the approval of the Secretary of the Interior, at rates not exceed- 
ing eighteen dollars per linear mile for standard and meander lines, fifteen dollars for 
township, and twelve dollars for section lines." 

The said act also provides that an amount not exceeding $20,000 (out of the $200,000 
appropriated for surveys) may be expended for examination of surveys in the field to 
test the accuracy of the work, and to prevent payment lor fraudulent and imperfect 
surveys returned by deputy surveyors, etc. 

From the $165,000 available for apportionment among the several surveying dis- 
tricts there is hereby apportioned to the district of the sum of . 

The fund provided for examinations will be retained under the direct control of 
this office, and expended in the main for the maintenance of a corps of competent 
examiners, who will be detailed according to the exigencies of the service in the sev- 
eral surveying districts. A few cases may arise when it will be found more conven- 
ient and less expensive to have examinations made under the immediate supervision 
of the surveyor-general, and in such cases the question of the assignment of sums 
sufficient to enable the surveyor- general to have the examination made will be con- 
sidered. 

The law requires that in expending this appropriation preference shall be given in 
favor of surveying townships occupied in whole or in part by actual settlers; hence, 
in taking measures for the letting of contracts, it will be your first duty to ascertain 
the localities in which there are bona fide settlers, and the funds should be so applied 
as to benefit the greatest possible number of settlers. 

For several years past it has been the policy of this office to prohibit the survey of 
forests or heavily-timbered lauds (see annual instructions dated September 15, 1885), 
but it is necessary, under the requirements of this appropriation act, to make some 
modification of this restriction. There are in some localities fine agricultural lands, 
which, although heavily timbered, are occupied in part by bona fide settlers, who at 
great labor and expense have improved the lands and made for themselves perma- 
nent homes to which they desire to obtain title. Whenever such cases arise, all the 
facts as to the character of the lands, the kinds and qualities of the timber, the num- 
ber of settlers, and the character and approximate value of their improvements should 
be presented for the consideration of this office before contracting for the survey. 
Contracts will be allowed for the survey of timber lands only when their value for 
agricultural purposes is well established, and satisfactory proof given of their occupa- 
tion by bona fide settlers who have made permanent improvements. 

By the terms of the appropriation act the surveys must be confined to lands adapted 
to agriculture and lines of reservations. With regard to the survey of public lands 
this restriction is construed as pertaining to subdivisional surveys, and it will be neces- 
sary in some instances to extend standard and township lines over inarable lands in 
order to reach lands which are adapted to agriculture and occupied by actual set- 
tlers. In order, however, that the greatest possible benefit may be derived from the 
appropriation for surveys, the apportionment lor your district should be applied as 
far as practicable to the survey of such townships containing arable lands and em- 
bracing settlements as are contiguous to existing lines, thus avoiding the expenditure 
of an undiM portion of the available funds for the survey of standard lines. 



36 REPORT OF THE SECRETARY OF THE INTERIOR. 

Instructions heretofore issued require that where a contract embraces the subdivis- 
ion of a township, the survey of such township must be completed in its entirety, 
unless natural obstacles render such completion absolutely impossible. The object of 
this requirement (embraced in the annual iDstructions of September 15, 1885) was to 
prevent the practice of surveying the easier portions of a township and omitting the 
more difficult portions. 

The carrying out of this requirement might in many cases necessitate the survey of 
portions of townships unfit for agricultural purposes, and such lands are not survey- 
able under the appropriation for the current fiscal year. Cases may arise, especially 
in mountainous regions, where a considerable portion of the lands are not adapted to 
agricultural purposes, while the arable portion is occupied by actual settlers, and as 
preference is to be given under the law to occupied land, the regulations are so far 
modified as to permit the survey of the cultivable portions of townships in which 
settlements have been made, leaving the uncultivable portions unsurveyed. In con- 
tracting for surveys in mountainous regions or in a tract of country where you know 
or have reason to believe that a portion of the lands are unfit for agricultural purposes, 
you will specially instruct your deputies as to the legal requirement to confine the 
surveys to lands adapted to agriculture, and direct them in surveying townships con- 
taining both classes of land to extend the subdivisional lines over all the lands in the 
township that can be properly classed as agricultural. 

Contracts must state specific rates. Whenever practicable, contracts will be let, 
under existing regulations, at not exceeding the minimum rates ($9, $?, and $5), but 
you may, when necessary, allow a compensation not exceeding the intermediate rates 
($13, $11, and $7), named in the appropriation act for the survey of the class of lands 
for which said rates are provided, and in letters transmitting contracts you will state 
fully, for the information of this office, your reasons for allowing such rates. 

In case of a demand for surveys for which, owing to exceptional difficulties to be 
encountered by the surveyor, a compensation exceeding the intermediate rates must 
be paid, you will, before taking any steps toward letting a contract, forward a state* 
ment showing the reason why the survey is required, and specifically why augmented 
rates should be allowed, setting forth the lowest rates at which you can obtain the 
services of a competent surveyor, character of the land, and all particulars necessary 
to the formation of a judgment by the Department upon the question of authorizing 
such a contract. 

You may proceed with the letting of contracts without the formality of advertis- 
ing for proposals, but will use your best endeavors to secure the services of competent 
and reliable surveyors at as much less than the rates allowed by law as possible. 
Select as your deputies, as far as practicable, men of known skill and integrity, and 
when not heretofore known to the United States surveying service, you will require 
satisfactory evidence of their competency, honesty, and ability to carry their con- 
tracts to completion. In letters transmitting contracts with persons not heretofore 
employed, you will present a statement of the evidenee of qualification furnished by 
them. 

The act of Congress approved March 2, 1889, entitled, " An act to divide a portion 
of the reservation of the Sioux nations of Indians in Dakota into separate reservations, 
and to secure the relinquishment of the Indian title to the remainder," appropriates 
the sum of $100,000 for the survey of the lands opened to settlement under said act. 
This appropriation will not, however, become available until the acceptance and con- 
sent of the Indians to the provisions of the act shall have beeu obtained. In the 
event of acceptance and consent by the Indians, you will be duly instructed in the 
matter of the survey of the relinquished lands. 

No contracts for resurveys will be entered into until express authority therefor shall 
have been granted by this office. 

The regulations and requirements of the annual instructions bearing date Septem- 
ber 15, 1885, so far as the same are not in conflict with the foregoing, are hereby con- 



PUBLIC LANDS. 37 

tinned in force, and you will be governed accordingly in the matter of surveying 
contracts and instructions to deputy surveyors. 

In forwarding surveying contracts for the approval of this office, the letters of 
transmittal should contain in full the reasons which induced you to select for survey 
the region covered by the contract. All contracts for subdivisional surveys must be 
accompanied by evidences of settlement, in the shape of applications for the survey 
of the lands from bona fide settlers thereon, who will also be required to submit in- 
dividuahaffidavits (so far as practicable) as to the nature, extent, and value of their 
improvements on the lands; also satisfactory proof that the lands are adapted to 
agriculture. 

Very respectfully, 

W. M. Stone, 
Acting Commissioner 

ARIZONA. 

Out of the apportionment of $5,000 made to this district for the 
fiscal year two contracts were awarded, the total liabilities of which 
aggregated $1,100. 

As explanatory of the limited amount of surveying contracted for 
during the fiscal year, the United States surveyor-general, in his 
annual report, states as follows, viz : 

This limited amount of surveying arose from the restrictions in the matter of sur- 
veys. The Land Office instructions of July 26, 1889, advised me that " By the terms 
of the appropriation act the surveys must be confined to lands adapted to agriculture 
and lines of reservations." 

This clause, as applied to this arid belt, as I understand it, practically limits sur- 
veys to lands that can be artificially irrigated, or grows some agricultural produce 
without irrigation ; and lands here are not usually adapted to agriculture, except 
where so situated as to be artificially irrigated. The great bulk of the land locations, 
however, are located where the possibility of irrigation is exceedingly remote, and 
in many cases only exists in the possibility of artesian water. Still this land serves 
the purposes of homes, and wherever located ought to entitle the settlers to the same 
privileges of surveys as is accorded those who have been more fortunate in their se- 
lections. 

It is a very common thing for homes to be established in Arizona on the plateaus 
adjacent to mountain ranges, where a spring of water can be obtained for household 
and other domestic purposes, which location may be convenient to some business in 
which the occupant is actively employed, such as mining, etc. 

These locations make very suitable and convenient homes, though the soil can not 
be termed as agricultural, inasmuch as in many instances it is not even valuable for 
grass ; still that it is desirable as a home, on account of some property interests of 
value in its neighborhood which settles it up, ought to entitle occupants of such 
lands to the benefit of surveys. 

The instructions as applied to Arizona ought to be very liberal, and left largely to 
the discretion of the surveyor-general, whose knowledge of the peculiar character- 
istics of the country will enable him to place the surveys where the largest number 
of persons will be benefited. The public interests are not subserved by depriving 
the surveyor-general of discretion in the placing of these surveys, as of necessity a 
surveyor- general must be acquainted with the wants of the people. 

In addition to the contracts for public-land surveys a contract for the 
survey of the western boundary of the White Mountain or San Carlos 
Indian Reservation was awarded May 16, 1890, to John C. Smith, United 



38 REPORT OF THE SECRETARY OF THE INTERIOR. 

States deputy surveyor ; liability $3,000, payable from the annual ap- 
propriation for the fiscal year. Kef erring to said contract, the United 
States surveyor-general in his annual report states as follows : 

The survey of the above line is of vast importance, inasmuch as it will determine 
the locus of very valuable mines, passing as it does through one of the richest min- 
eral belts in the country. A direct north and south line would make a more desirable 
boundary than the present line, and could cut off valuable mines without doing the 
slightest injury to the Indians. 

In connection with this, I desire to most earnestly renew my recommendation that 
a straight east and west line be established for the south boundary, by Executive 
order, so run as to cutoff the coal-fields, which are reported to be from 2 to 6 miles on 
the reservation. 

If upon development these fields were found to be extensive and the coal of good 
quality, it would be the incentive for developing the resources of this Territory more 
than anything that could be done. Cheap fuel is what is particularly needed in a 
mining country, and Colorado owes much of its prosperity to this fact. A straight 
east and west line, well defined, with stone monuments, would be a more comprehen- 
sive boundary for the Indians, and the land cut off is valueless to them, except for 
the collection of mescal, from which they make liquor. 

CALIFORNIA. 

The survey or- general reports that under the apportionment of 
$10,000 for public-land surveys made to this district for the fiscal year 
he has let seven contracts^ aggregating $2,367, and has issued special 
instructions for surveys in seven cases, the aggregate estimated liabil- 
ity of which is $896.45. There were also seven contracts let and one 
set of special instructions for surveys under the deposit system, aggre- 
gating $3,555. 

The surveyor-general states that — 

Much trouble regarding the completion of the surveys of the public lands in this 
State arises from the fact of very large fraudulent surveys in former years, which 
has caused the suspension of large tracts of Government lands embraced within 163 
different townships, and the great number of settlers located thereon anxious to per- 
fect title to their homes are thereby prevented from so doing. Under the present in- 
structions from the honorable Commissioner, no surveys can be made of lands adjoin- 
ing the suspended townships, and settlers upon those townships are thus placed in 
the same dilemma as those within the suspended townships. I can but call the at- 
tention of the Department and the honorable Commissioner to thiscondition of things, 
and to urgently recommend that the suits now pending against the parties making 
the alleged fraudulent surveys be vigorously pressed or otherwise disposed of, in 
order that the townships suspended may, by resurveys, be restored to the action of 
the laws governing the disposal of public lands. 

Eeferring to the office work performed during the past year, the sur* 
veyor-general remarks that — 

The force now employed is none too great for the transaction of the volume of business 
passing through the office, and is very satisfactory as regards those performing t he 
work. It is hoped that it will not be necessary to decrease the number of persons 
now employed, and that some way may be found by which it can be maintained, not- 
withstanding the fact that the appropriation is much smaller than was recommended 
by this office. 



PUBLIC LANDS. 39 

The estimate submitted by the General Land Office for clerk hire in 
the office of surveyor-general of California during the fiscal year end- 
ing June 30, 1891, was $20,000, but the amount appropriated by Con- 
gress was only $10,000, and the office has been mainly dependent upon 
the special-deposit fund for the maintenance of a requisite clerical force ; 
but this fund will be entirely exhausted before the commencement of 
the fiscal year ending June 30, 1892, hence it is especially necessary 
that the full amount estimated by this office for clerk hire in California 
during the next fiscal year be appropriate^. 

Kegarding swamp and overflowed lands, the surveyor-general states 
that— 

There remain forty cases of land claimed by the State of California under the 
swamp-land grant of September 28, 1850, which are pending investigation by this 
office as to the character of the land. There is also a large amount of land held 
suspended from entry, owing to the fact that the State is not required to give the 
names of the parties who have filed upon it for the purpose of obtaining it through 
the State. The State is not careful enough in the designation of its representative, 
and this office in consequence finds it difficult to reach such representative. 

A law might be enacted, or circular instructions issued by the Department, that 
would enable the more expeditious disposition of these claims, if so framed as to re- 
quire exact information as to the claimants under the State, and fixing a time within 
which the investigation should be commenced, and requiring a deposit sufficient to 
cover the expenses of the same at the time of the application for suspension, to be 
estimated by the surveyor-general. 

There is evidently much land held suspended under the present practice, which is 
detrimental to the interests of the United States. 

COLORADO. 

The original apportionment of the annual appropriation for the sur- 
vey of the public lands for the fiscal year ending June 30, 1890, was 
$15,000, to which was subsequently added as additional apportionments 
the sum of $2,190; making a total of $17,190. Under the several ap- 
portionments eleven contracts and four sets of special instructions for 
public surveys were awarded. 

DAKOTA. 

Of the annual appropriation for the survey of the public lands for the 
fiscal year the sum of $20,000 was apportioned to this district. Eleven 
contracts for public land surveys were awarded, the aggregate liabili- 
ties of which amounted to $10,815. 

CEDED SIOUX LANDS. 

Section 25 of "An act to divide a portion of the reservation of tire 
Sioux Reservation of Indians in Dakota into separate reservations and 
to secure the relinquishment of the Indian title to the remainder, and 
for other purposes v (approved March 2, 1889), appropriated the sum of 
$100,000, to be applied and used toward surveying the lands opened to 
settlement. 



40 REPORT OF THE SECRETARY OF THE INTERIOR. 

The President, in pursuance of section 28 of said act, having in Feb- 
ruary last issued his proclamation ratifying the action of the Commis- 
sion and the Indians with reference to the ceded lands, the survey 
thereof was authorized, and the United States surveyor-general noti- 
fied in March last that $93,000 of the stated appropriation was availa- 
ble for the purpose. Under said authority twenty contracts for the 
survey of said lands were awarded, involving liabilities to the amount 
of $92,750 ; which surveys are now being prosecuted in the field. 

Two contracts (liabilities* $6,500) for the survey of the ceded lands 
situate in the State of Nebraska, payable from the stated appropriation, 
were also awarded by this office. 

FLORIDA. 

No apportionment of the annual appropriation for public-land sur- 
veys was made to this district. Two sets of special instructions (in 
lieu of contracts) for the survey of two islands were issued and ap- 
proved, liabilities of which, $40 and $30 respectively, were charged to 
the reserve fund of said appropriation. 

Referring to the recent discoveries of valuable and extensive deposits 
of mineral known as " phosphate rock," and applications for the ap- 
pointment of United States deputy surveyors of mineral lauds, the 
United States surveyor-general in his annual report states as follows: 

No surveys have been made by direction of this office under the laws relating to 
mining claims. I have received several applications lor the appointment of United 
States deputy surveyors of mineral lands ; but as I have received no authority to 
make such appointments, and no instructions whatever from your Department relat- 
ing to these mineral lands, I have simply filed the applications for future action. 

Great activity has prevailed for several months past in various counties in Florida 
in prospecting and staking valuable and extensive deposits of the mineral known as 
phosphate rock, and at certain places the work of mining and shipping the substance 
is being conducted on a large scale. It can hardly be doubted that the discovery of 
these deposits in Florida, exceeding in extent and thickness all such beds previously 
known in the world, is an event destined to produce great increase of value not only 
in the mineral lands of the State, but the agricultural also. In the general effort to 
find and secure phosphate lands many have decided to proceed in accordance with 
the law of United States mineral lands, and are awaiting action by your Department 
in the premises. 

This remarkable discovery of unsuspected wealth within a few feet of the surface 
in scores of townships has caused large numbers of men to explore the country geo- 
logically with spades and boring apparatus. By such means other useful substances 
arc said to have been found, such as marl, kaolin, fossil guano, slate rock, mica-schist, 
mica, zinc ore, and sulphur, and specimens thereof have been submitted to the tests 
of the State chemist ; showing that Florida ought long ago to have received the bene- 
fit of a thorough geological survey. 

In his annual report for the fiscal year the United States surveyor- 
general, referring to " swamp lands reclaimable for sugar farming," 
states that the unsurveyed portions of the State of Florida are said 
to consist of large areas of lands of said character. The following ex- 



PUBLIC LANDS. 41 

tracts from his report relating to said subject are herein embodied, to 
wit: 

SWAMP LANDS RECLAIMABLE FOR SUGAR FARMING. 

A very recent important agricultural development in thia State is the establish- 
ment of sugar farms upon lands reclaimed by drainage. These sugar lands pre- 
viously were vast watery areas of saw-grass growing upon deposits of pure muck of 
unknown depth. Of the quality of this material an eminent official chemist wrote 
of a sample that "it seems to equal the best potting mold, and partakes more of 
the character of a manure than of a soil." When drained and cultivated it produces 
from 30 to 40 tons of cane- stalks per acre of a quality equal to the best raised in 
Cuba. 

There are many places in this State where extensive sugar mills like the successful 
works at St. Cloud may be operated upon reclaimed similar lands. The saw-grass 
marshes of South Florida are reported susceptible of drainage and reclamation. As 
soon as this is well done, they are likely to command a large price per acre, judging 
by past experience in Polk County. 

The unsurveyed portions of this State are said to include large areas of such land ; 
and as its prospective value, which in past years was considered nothing, is now 
shown to be considerable, it is respectfully suggested that this office be authorized to 
take advantage of any season of unusual dryness to extend the lines of survey in that 
region. Capitalists interested in cane culture are favorably impressed by the suc- 
cess achieved in Florida, and are said to be considering plans for draining and re- 
claiming tracts of saw-grass marsh, where canals of no great depth or extent, with 
ample difference of altitude, may be relied on to carry off the water to the Atlantic 
or the Gulf. 

I would respectfully recommend that a portion of the general appropriation for 
surveys be set apart for this purpose, to be used under direction of the General Land 
Office in case the recent low stage of water in the regions referred to should again 
occur. 

IDAHO. 

The sum of $10,000 out of the appropriation for the survey of the 
public lands for the fiscal \ear was apportioned to this district. Three 
contracts, the liabilities of which aggregated the apportionment, were 
awarded by the United States surveyor- general. 

In addition to the public-land surveys several sets of special instruc- 
tions were issued to Edson R. Briggs, United States deputy-surveyor, 
for surveys for allotments within the Nez Perce" Indian Reservation, 
which were executed under the immediate supervision of the special 
Indian agent, and paid from the Indian appropriations. 

With reference to the great and increasing demand for public sur- 
veys in Idaho, the United States surveyor- general, in his annual re- 
port, states as follows : 

A great and increasing demand for public surveys exists. 

Judging from the petitions and affidavits of residents on the lands this demand usu- 
ally comes from bona tide settlers who have actual improvements, many of whom 
have been on their claims for a number of years and desire to acquire title to their homes. 
In some instances the survey of heavily timbered lands is sought. As a rule this 
office can not determine as to the advisability of surveys until the standard and 
township lines are run. Such exteriors should be surveyed over all portions of the 
State where practicable, in order primarily that the Surveyor-General may form an 



42 REPORT OF THE SECRETARY OF THE INTERIOR. 

intelligent opinion as to what townships should be subdivided, and secondarily in 
order to complete the public land system of surveys, as nearly as possible, over this 
entire surveying district. This would also enable settlers on unsurveyed land to de- 
note, in their petitions for surveys, the township and range in which their claims are 
situated, an impracticable matter now over a large portion of Idaho, which has not 
been penetrated by public surveys. 

I especially recommend an early extension of surveys in northern Idaho where a 
large number of people have settled within the last few years, aud where many 
others desire to make their homes when surveys are assured. 

The usual apportionment of the appropriation for such work each fiscal year is 
totally inadequate to meet the demands, and I suggest that at least the amount of 
my estimate, per letter of June 25 last, be apportioned to this surveying district 
from the appropriation for the coming fiscal year. 

IRRIGATION AND RECLAMATION OF ARID LANDS IN IDAHO. 

In his annual report for the fiscal year the United States surveyor- 
general for Idaho refers at some length to the proposed irrigation and 
reclamation of the arid lauds by the Government. In view of the gen- 
eral interest manifested as to this matter not only in Congress, but in 
the several States and Territories, within which are situate the arid 
lands, the following extracts are deemed of interest as contributing to 
the present desire for further information regarding these lands : 

Referring to my annual report of last year to your office, I desire to repeat a rec- 
ommendation therein made : That either the irrigation and reclamation of the arid 
lands of the West be undertaken by the Government, or the lands be granted to the 
respective States and Territories upon such terms and conditions as will assure the 
construction of necessary canals and reservoirs for reclaiming all of the lands 
possible. 

When thus reclaimed these lands in Idaho will support a dense population, afford 
homes for thousands of settlers, and be a source of wealth to their possessors and of 
revenue to the Government, both State and national. 

The immediate enhancement in the value of lands now a desert waste would be so 
great as to far more than refund the cost of irrigation, and the work is of such char- 
acter as should be undertaken either by the Federal Government or by the Territory 
or State, in order that the greatest good may result to the greatest number. 

The matter of irrigation is of vital importance to Idaho, and is attracting wide- 
spread attention to this State. The calls upon me are so numerous for information in 
the premises, and the subject is one of such importance to your office in relation to 
our irrigable arid public lands, that I have deemed it advisable to incorporate as a 
part of this report the following from that originally submitted by me to Hon. George 
L. Shoup, governor of Idaho, as hereinbefore stated : 

Irrigation in this State, to the extent of the normal flow of streams, has reached its 
limit in several counties, while in some it has been overdone notwithstanding the 
fact that we have 8,791,350 acres of good agricultural land capable of reclamation by 
water, of which only 740,350 acres are now reclaimed aud in process of reclamation, 
beiug only 8 per ceut. of what might be accomplished. This estimate does not include 
the large areas of agricultural land in Idaho, Kootenai, Latah, Nez Perce", and Shosh- 
one counties, which are not arid and do not require artificial irrigation, except to a 
limited extent ; nor does it include a considerable area in other portions of the State 
where the elevation is such as to insure a rain-fall sufficient for the growing of crops. 

Thus it appears that about 8,051,000 acres of irrigable land — uow arid — belong to 
the Government, and ever will belong as a heritage for sage-brush and jack rabbits 
until storage reservoirs and main canals are constructed. 



PUBLIC LANDS. 43 

It therefore remains for Congress to devise the plan and formnlate the proceedings 
by which this water, which is in excessive abundance, shall be brought to these lands 
and maintained and controlled for the greatest good to the greatest number. 

Hundreds of millions of pounds sterling have gone and are still going fiom England 
to India, where every available site for a canal is being occupied by an English joint 
stock company. They realize from 8 to 25 per cent, yearly on their stock, and each 
one improves annually as an investment. 

The fever caused by this success in India has extended to the United States, but 
the methods of joint stock companies do not harmonize with, our republican ideas. 
Local control in the hands of the land owners concerned might be arranged, it would 
soem, to suit every irrigation basin, leaving nothing more to be desired. 

The plan I have adopted for presenting this subject by counties, rather than irri- 
gation districts or water-sheds, will present to all inquirers a full conception of the 
immense possibilities in store for each one of our counties and for Idaho as a whole. 

The annual report in extenso will be found in its appropriate place. 

LOUISIANA. 

No formal apportionment of the annual appropriation was made to 
this district for public surveys, although one contract (liability $7,500) 
was under departmental directions awarded and charged to the reserved 
fund, for the survey of several full and fractional townships within the 
limits of the Houma grant and the location of the claims of John 
McDonogh, jr., and Henry Fontenot in the southeast district, east of 
the Mississippi River, as required by the decisions of the Secretary of 
the Interior, dated January 6, 1888, and January 25, 1889. 

In his annual report the United States Surveyor-General refers to 
said contract and surveys as follows : 

The contract for surveys and resurveys of all the remaining townships in the 
i' Houma grant," Stated in Exhibit D, was the result of the decisive legislation on the 
subject of this celebrated grant, contained in the act of Congress approved March 2, 
1889, commonly known as the " Gay bill." These surveys, when completed, as they 
will be in the coming fall or winter, will be of great importance to the large number 
of settlers on the lands who are anxiously awaiting their approval in order that they 
may place their claims of record in the manner pointed out by law. In this connec- 
tion there is an important subject which I think should in advance receive the con- 
sideration of the Department, and be the basis of instructions to this office at an early 
date. I refer to my duty in the matter of compiling and transmitting, with the re- 
turns of surveys, lists of selection of swamp lands, under the act of Congress granting 
such lands to the State of Louisiana, which may by the field-notes of survey be found 
within any of the townships returned and to be returned within the old lines of the 
claim. As I understand the decision of the Department of April 11, 1888 (15 Copp's L. 
O., 32), overruling the former decision of May 3, 1881 (8 Copp's L. O., 21), the posi- 
tion it now assumes is that no lands were granted to the State under either of the 
swamp-land grants within any one of the three subdivisions of the " grant," either 
that of Donaldson and Scott, or of Daniel Clark, or of William Conway. 

The " Gay bill" seems to proceed upon this construction, and as I interpretit, con- 
secrates the entire grant to homestead settlements under the laws of the United 
States reserving to the State any rights she may have to the "surplus" after all 
actual settlers shall have been satisfied. The question, therefore, of the State's right 
to such lands as may be returned as swamp under the surveys now under contract 
not depending upon their physical characteristics as swamp and overflowed lands, but 



44 REPORT OF THE SECRETARY OF THE INTERIOR. 

rather upon the status of the construction to be placed upon the lands referred to, I 
submit that this construction should at this time be settled by the Department, or at 
least so far settled as may be necessary to the issue to me of the necessary instruc- 
tions in the premises. 

BEDS OF SHALLOW LAKES, PONDS, FORMER STREAMS, ETC. 

The Surveyor- General refers to the subject of the survey and dis- 
posal by the Government of the beds of shallow lakes, ponds, former 
streams, etc., in the following manner, viz : 

The subject of the survey and the disposition by the United States of the beds of 
shallow lakes, ponds, former streams, etc., in this State is one of increasing interest. 
Every year of increased and better drainage and levee construction increased the 
number of acres of these valuable lauds, while the removal of obstruction rafts in 
the navigable streams, and where total overflow is not prevented thereby, serves to 
diminish the period of overflow, thus increasing the time within which crops may 
be raised on such lands. As they are of immense fertility and often bear cities and 
towns and railroads, which give them additional value, they attract the attention of 
cultivators and capitalists, who are constantly seeking means through this office of 
acquiring title to them. But practically the subject is environed with so many legal 
difficulties that after learning them many applicants, in despair, give up their efforts. 
I iind that in 1877 the Bureau, after a full review of the embarrassments surrounding 
the subject, resolved to refer the whole matter to Congress, and I understand that 
such determination has been considered a bar to any proceeding under then existing 
circulars and decisions I refer to pages 11 and 12 of the Land Office Report for 1877. 

As Congress has not taken action, and some thirteen years have elapsed since the 
matter was so referred to that body, my recommendation is that the Land Department 
should go on and perform its duty under existing laws, and that for this purpose the cir- 
cular of July 13, 1874 (ICopp'sL. O., 69; should be extended to districts for which there 
are Surveyors-General, or at least to the district of Louisiana, and that a sufficient 
sum be annually set apart from the general appropriation for the survey of the pub- 
lic lands to pay for such surveys as may be made under such circular. It is rather 
an anomalous condition of aflairs and one not very creditable to our land system which 
practically denies many legal steps by which every class of our citizens, settlers, or 
capitalists seek to honestly acquire title to these lands. 

If they apply to the United States Land Office for the proper district, they are there 
told that the township plats and tract books do not represent the desired tracts as 
surveyed lands, but as lakes, streams, ponds, etc., whose areas are unknown, and that 
until they are surveyed and the survey returned to the proper land office they are 
without authority to take any action at all looking to the acquisition of title. In 
brief, they are referred to the Surveyor-General in order to have the necessary survey 
made. When they come here, they are told, first, that under the existing instructions 
and decisions the whole matter is in suspense, thatfit was referred to Congress in 1877, 
and that as that body has taken no action, the surveying department will take none ; 
moreover, they are further told that if this office could lawfully survey these lauds, 
no funds are allotted to pay for such matter, and if they reply that they are willing 
under the u deposit system " to pay for it themselves, they are then told that under 
the construction placed on the laws founding that system it does not apply to lands 
of that status. They then go to the State land office, hoping to find in the State leg- 
islation some law or system arising under the supposed grant of such lands to the 
State under the Federal swamp-land grant, but are there met with the information 
that in the absence of Federal survey and selections and approval of these lands as 
inuring to the State under these laws, its officers are powerless to allow sales or any 
other kind of disposition known to the land laws of the State applicable to other 
lands. Thus, practically every avenue Of acquisition is found closed or so sur- 



PUBLIC LANDS. 4:5 

rounded with expense and difficulty that the attempt is abandoned. And thus the 
richest lands in the State, probably amounting to half a million acres and of untold 
fertility, are placed beyond the reach of the citizens, and must remain the breeding 
places of the alligators and snakes, infecting the surrounding air in hot weather with 
miasmatic poisons, instead of being drained and put in cultivation by the poor home- 
seekers, or the more powerful capitalist, or land improvement coinpany. Some of 
these lakes contain from 10,000 to 25,000 acres, while those that contain from 500 to 
5,000 acres are numerous. 

I strongly recommend that the " Bureau" should take the subject in hand and sup- 
ply instructions and money with which this office may take action in particular cases, 
when proper application is made for that purpose. 

SURVEY OF MILITARY RESERVATIONS ON THE GULF COAST, WEST OF THE MISSIS- 
SIPPI RIVER. 

The expediency of apportioning funds to the District of Louisiana 
for the survey of the ten military reservations on the Gulf coast, west of 
the Mississippi River, is referred to by the surveyor-general, as follows : 

It may not be inappropriate for me to state, though the subject has not been sub- 
mitted to this office officially, that funds have to be apportioned to the District for 
the survey of the ten military reservations on the u Gulf coast" west of the Missis- 
sippi River, which it is contemplated to offer at sale under the act of July 5, 1884. 
The old surveys were made about 1830, and an examination of the field-notes shows 
the most crude and imperfect methods of marking the lines and corners were prac- 
ticed. Most of the lands were then and are yet prairie or sea-marsh, or upon sea- 
shore, and otherwise unfitted for perpetuating lines and corners of the " public sur- 
veys." It is too plain that any tract to be disposed of under this law will have to be 
resurveyed, and this can be done better in the dry months of the fall and early 
winter than at any other season. Hence, if this matter is contemplated at all, it is 
now time to enter upon the preliminary steps. 

MINNESOTA. 

Six contracts for public land surveys and four sets of special instruc- 
tions, the latter for the survey of islands (aggregate liabilities $5,152), 
were awarded in this district. To the original apportionment of $5,000 
of the annual appropriation an additional amount was added to cover 
the excess as contracted for. 

In his annual report the United States surveyor-general states that 
the number of acres surveyed during the fiscal year is 143,390.49 ; which, 
added to the amount previously surveyed (42,848,625.49), gives the total 
number of acres surveyed in the State to date, namely, 42,992,015.78. 

He further states that applications which are being received at his 
office from settlers on unsurveyed lands, asking for the survey of the 
townships in which they are located, indicate an increased demand for 
surveys during the fiscal year ending June 30, 1891. 

MONTANA. 

Under the apportionment of $15,000 nine contracts and two sets of 
special instructions for public land surveys were awarded to the full 
amount apportioned. 



46 REPORT OF THE SECRETARY OF THE INTERIOB. 

Under the special apportionment of $10,000, made by the act of March 
2, 1889, for the survey of the relinquished lands within the Blaekfeet 
Indian reservation, one contract was awarded to the full amount of the 
apportionment. 

One contract for the survey of lands for allotments within the Grow 
Indian reservation was awarded; liability $9,000, payable from the 
Indian appropriation approved February 8, 1887. This survey was 
ordered by the Department on the recommendation of the Commis- 
sioner of Indian Affairs. 

One contract, liability $110, payable from special deposits, was also 
awarded for public land surveys. 

In his annual report the United States surveyor-general, referring 
to the apportionment for public surveys for the fiscal year, states as 
follows : 

All of the sum apportioned to this district by the Commissioner for surveys dur- 
ing the fiscal year ending June 30, 1890, has been contracted for. This result has 
been in great measure owing to the surveys being confined to agricultural and settled 
lands, and also to augmented rates being allowed by the terms of the last appropria- 
tion. I would also state that the recent practice of allowing surveyors-general to 
appoint local examiners to inspect and report on the work as soon as completed has, 
at least in this district, worked very well, and has enabled the examinations to be 
conducted with great promptness, efficiency, and economy, and has obviated in a 
great measure the delays which formerly occurred in approving the returns of con- 
tracts. 

Begarding the compensation allowed by law for public land surveys, 
and the character of the remaining unsurveyed lands in Montana, the 
United States surveyor- general further reports as follows : 

The compensation per mile allowed for public land surveys, is, in most cases, insuf- 
ficient. Whilst there still remains some comparatively level laud to be surveyed in 
Montana north of the Missouri River and along Milk River, the greater part of the 
State consists of narrow valleys along the principal streams and their branches, sep- 
arated from each other by hills, mountains, or arid table-lands. In the west, particu- 
larly on the Clark's Fork of the Columbia River, and the Flathead Lake region, 
there is a great deal of good agricultural land, but heavily timbered, which, in the 
interest of the Government, as well as of settlers, should be surveyed. It is found 
by experience that it is impossible to survey this country (with any profit to the sur- 
veyor) even at the highest augmented rates allowed. 

Under the most favorable circumstances, the ground in any specified section of the 
country is generally so broken, and the quantity which can be surveyed so difficult 
to estimate, that even in large contracts it falls short, and the surveyor finds that he 
has made a large outlay for a comparatively small compensation. Hence, it is noto- 
rious that it is almost impossible to have surveys made, in distant and rough sections 
of the State, unless the settlers assist the surveyor with their own labor, or that of 
their teams, free of charge. They should not be put to this expense ; the compensa- 
tion should be such as to justify the surveyor in undertaking the work, without call- 
ing on the settlers for aid. 

In addition to the foregoing surveys, and in compliance with the 
direction of the Department on the recommendation of the Commis- 
sioner of Indian Affairs, a contract was awarded by this office to John 
P. Brown for the survey of portions of the south and west boundaries of 



PUBLIC LANDS. 47 

the Crow Indian reservation; liability $3,200, payable 1 from the appro- 
priation of $10,000, per act approved March 2, 1889, for the survey and 
subdivision of Indian reservations. 

NEVADA. 

One contract for resurveys in townships 5 and 6 south, range 35 east 
(liability, $1,615), together with special instructions for fragmentary 
surveys in township t) north, range 27 east (liability $15), were author- 
ized and approved. Said liabilities were charged to the reserved fund 
of the appropriation. 

In his annual report, the United States surveyor-general, referring 
to settlers in various parts of Nevada, states as follows : 

There is quite a number of settlers in various parts of the State who have asked 
that the public surveys be extended to enable them to obtain title to their lands. 
And as no surveys have been made in this State outside of the limits of the Central 
Pacific Railroad graut for a number of years, I would recommend that, in addition 
to the amount appropriated for surveys within those limits, a sufficient sum be appro- 
priated to extend the surveys in other parts of the State to accommodate them. 

In view of the improved condition of affairs in the State, as set forth 
in his annual report, the surveyor-general feels justified in asking 
much more liberal appropriations for surveys than have been made for 
several years past. 

Referring to the several contracts for public surveys in this district 
which were awarded in May and June, 1887, chargeable to the special 
appropriation of $30,000, made to Nevada by act approved August 4, 
1886, the United States surveyor-general defines their present status 
as follows : 

There are four contracts uuderthe appropriation of August 4, 1886, which have not 
been acted upon. Of these the field-notes of contracts 187, 1«8, and 189, comprising 
fifty-two townships and fractional townships, have been in this office for more than a 
year, and the field-work of contract 186, comprising twenty-one townships, I under- 
stand is about completed, but the lield-notes have not yet been returned to this office. 

IRRIGATION. 

The surveyor- general also refers to the great interest manifested by 
the people of that State in the problem of water storage and irrigation. 
Extracts from said report are herewith appended : 

The lands of this State, even those designated as second and third rate in the field- 
notes and plats of the public surveys, need only irrigation to make them produce as 
abundant crops as regions favored by a more generous rain-fall. And for much of 
this land irrigation is entirely practicable, needing only capital and the co-operation 
of the settlers to store the water in the mountains in the season of rain-fall and bring 
it upon the lands as it is needed. 

During the past year great interest has been manifested by the people of the State 
in the problem of water storage and irrigation. A State board of trade has been 
organized, and plans are being matured for building storage reservoirs and construct- 
ing exteosive canals, which will bring under irrigation many times the area now 
cultivated. 



48 REPORT OF THE SECRETARY OF THE INTERIOR. 

For the last three years the rain-fall has been exceptionally light, and last summer 
nearly all the streams of the State, including the Humboldt, Truckee, Carson, and 
Walker Rivers, went entirely dry. The heavy snow-fall of last winter, coming after 
a series of dry years with short feed, caused a heavy loss of live-stock throughout the 
State ; but the melting of the snow has filled the ground with water, restored the 
springs and streams, insuring good crops and abundant feed for stock, and enabling 
the quartz mills, which have been stopped from lack of water, to resume operations. 
This puts life into the languishing industries of the State, and gives reasonable assur- 
ance of a prosperous season both in agriculture and mining. 

NEW MEXICO. 

Under the apportionment of $8,000 made to this district ten contracts 
for public surveys were awarded ; total liabilities, $7,825. 

In his annual report, referring to the demand for public surveys, the 
United States surveyor general states as follows : 

The demand for public surveys seems to be increasing. I am constantly in receipt 
of letters from settlers in all parts of the Territory inquiring as to the manner of pre- 
paring applications for survey of public land. 

In reply to all these letters I have given instructions, which are in all cases full 
and complete, and which direct in the minutest particulars as to the form and sub- 
stance of the application. Notwithstanding this, applications for public surveys are 
in many cases not only defective in form, but they do not contain the information 
which is necessary to form an intelligent opinion as to whether or not the township 
is of the character which the public interest requires to be surveyed. 

In view of the fact that settlers on public lands are not accustomed to prepare doc- 
uments of this character, to hold them to technical accuracy would, under existing 
regulations, be an effectual bar to the survey of Government lands. This difficulty 
might be obviated by furnishing a blank form, to be prepared under the direction of 
the Commissioner of the General Land Office, which might easily be comprehended, 
and when properly filled out to contain all the informatidu required. 

In the matter of applications for surveys of public lands in townships 
made fractional by preliminary surveys of private land claims, the 
United States surveyor-general reports as follows : 

I have had many applications and letters of inquiry relating to the survey of town- 
ships made fractional by preliminary surveys of unconfirmed grants. In these cases, 
settlers have been promptly advised that under the rulings of the Department such 
townships are not surveyable. 

The only possible objection to surveying the townships which are made fractional 
by these preliminary surveys, is that the lines upon which the township lines would 
close may not be adopted when final action is taken on the grant. On the other hand, 
a reference to the map of this Territory will show that surrounding many of these 
preliminary surveys the Government land is unsurveyed. Some of this land may be 
classed as the richest in New Mexico, and upon which settlers have lived for years, 
making improvements and cultivating the same, without being able to obtain title to 
their homes. If these lands were surveyed they might be disposed of to the mutual 
advantage of the Government and the settlers. 

That the present state of affairs is a hardship on the settlers needs no further dem- 
onstration. Unless final action is to be taken in regard to these unconfirmed grants 
in the very near future, I am of the opinion that this rule should be abrogated. If 
it is thought to he advisable to close on these grant lines which may not be perma- 
nent, and to complete the survey of the fractional township, in case the grant is 



PUBLIC LANDS. 49 

finally declared to be invalid or the boundaries changed, (he township lines mi blithe 
extended within the boundaries of the preliminary survey, and that portion of the 
township which is in conflict with the grant might be withheld from sale and entry. 
This is especially so when only a small portion of the township would be cut by the 
line of the grant. 

That the title to the land included within the boundaries of these grants has been 
so hopelessly imperfect for so many years, is enough in itself to seriously impair the 
prosperity of New Mexico. It is an additional hardship that lands not included therein 
should be tied up also. 

OKLAHOMA. — PUBLIC LAND STRIP. 

Under the provisions of "An act to provide a temporary government 
for the Territory of Oklahoma, to enlarge the jurisdiction of the United 
States court in the Indian Territory, and for other purposes," approved 
May 2, 1890, the public land strip, which is bounded east by the one 
hundredth meridian, south by Texas, west by New Mexico, and north 
by Colorado and Kansas, was included in the limits of the Territory 
of Oklahoma. 

Section 19 of said act, in addition to creating a land district in the 
public land strip, provides that — 

The Commissioner of the General Land Office shall, when directed by the Presi- 
dent, cause the lands within the Territory to be properly surveyed and subdivided 
where the same has not already been done. 

The only unsurveyed lands in the Territory of Oklahoma are em- 
braced in the public land strip, the area of Oklahoma proper having 
been surveyed and subdivided some years prior to opening the lands to 
settlement. 

In compliance with the directions of the Secretary of the Interior 
measures were taken to secure a partial survey at least of the public 
laud strip. In the absence of a special appropriation by Congress for 
the purpose of surveying the strip, the balance of the reserved fund of 
the annual appropriation for the survey of the public lands for the fis- 
cal year ending June 30, 1890, with unexpended balances of apportion- 
ments made to several districts, was utilized, and the sum of $21,000 
made available for partial surveys. 

Under said amount three contracts for subdivisional surveys were 
awarded by this office to two well-known and reliable deputy survey- 
ors, who are now in the field prosecuting the work. The surveys con- 
tracted for extend westward from the eastern boundary of the strip 
(the one hundredth meridian and the west boundary of the Indian Ter- 
ritory), and embrace ranges 28 to 15 east, inclusive. It was ascertained 
that the majority of the towns and settlements are located in the east- 
ern half of the strip ; hence the desire to comply with existing law in 
the matter of the authorized surveys and to give preference to town- 
ships occupied in whole or in part by actual settlers. 

The surveys contracted for embrace sixty full and fractional town- 
ships of the one hundred and thirty-five full, and thirty -three fractional 
fownships which comprise the total area of the strip, 
INT DO— VOL I— —4 



50 REPORT OF THE SECRETARY OF THE INTERIOR. 

OREGON. 

Under an apportionment of $10,000 for public surveys made to this 
district for the fiscal year, eleven contracts and one set of special instruc- 
tions were awarded ; liabilities aggregating $5,405. 

Under directions from the Department, on the recommendation of 
the Commissioner of Indian Affairs, two contracts for the survey of 
Indian boundaries and for allotments were also awarded by the United 
States surveyor- general, viz : Contract No. 547, dated August 24, 1889, 
for surveying the west boundary of the Warm Springs Indian reserva- 
tion ; liability $1,000. Contract No. 549, dated August 30, 1889, for 
surveys of several townships for allotments within the Siletz Indian 
reservation j liability $700. 

A detailed statement as to the status of contracts awarded prior to 
July 1, 1889, is given in the report of the United States survey or- gen- 
eral for the fiscal year. The report will be found in its appropriate 
place. 

The following extracts from the annual report of the United States 
surveyor-general relative to public surveys in Oregon, applications there- 
for, particularly of forests or heavily timbered lands, as also of agri- 
cultural lands and other matters connected therewith, are deemed of 
interest and appended hereto : 

During the past year numerous petitions have been received in this office asking 
for surveys in different parts of the State. 

The bulk of the petitions are for surveys in townships along the coast, where the 
lands are for the greater part broken and mountainous, covered with timber often 
quite heavily, and almost invaribly covered with a very dense undergrowth, which 
make the work of surveying it difficult and expensive. 

These lands when once cleared are generally well adapted for agricultural and 
grazing purposes, and are fast filling up with settlers, who to all appearances have 
located thereon in good faith, and with the intention of making permanent homes 
tor themselves and families. 

For several years past it had been the policy of your office to prohibit the survey 
of forests or heavily timbered lands, and former regulations provided that the sur- 
vey of a township must be completed in its entirety unless natural obstacles rendered 
its completion absolutely impossible, but owing to the restriction in the appropria- 
tion act confining the surveys to agricultural land, provision was made for the sur- 
vey of timbered lands where they were adapted to agriculture and occupied by actual 
bona fide settlers, who at great labor and expense had made for themselves per- 
manent homes. 

The surveying instructions were modified so as to provide that a deputy surveyor 
should survey all the cultivable land and omit the uncultivable, but that in survey- 
ing a township the subdivision al lines must be extended over all the land that can 
be properly classed as agricultural. 

This restriction made the work of surveying a township more tedious and expensive 
than if a deputy was allowed to complete it in its entirety, as he was compelled to 
stop the survey of a line when it reached inarable land, unless lands of proper char- 
acter lay beyond. 

It also placed upon him the responsibility of determining what lands were agri- 
cultural and consequently surveyable under existing restrictions. 

Owing to this acd the further fact that U^arly all the survey desi red, 13 the mount 



PUBLIC LANDS. 51 

ainous regions along the coast where the undergrowth is very dense, competent sur- 
veyors were deterred from entering into contracts even at the highest rates of 
$15, and $12 per mile for standard, township, and section lines, respectively, allowed 
in cases of exceptional difficulty in the execution of the surveys. 

Eleven contracts have been entered into and one survey provided for under special 
instructions, the estimated liability aggregating $5,405, payable from the appropria- 
tion for the fiscal year ending June 30,1890. 

I expected to award contracts for other additional surveys, the estimated liability 
aggregating more than $3,000, but was disappointed. 

Oifers had been made by competent surveyors to execute surveys in four townships 
at certain stipulated rates per mile. 

The eonsent of your office to awarding the contracts and allowing the rates asked 
had been granted. 

In the meantime this office had been furnished with copies of the Manual of Sur- 
veying Instructions of December 2, 1889, and with the contracts prepared for the 
execution of surveys in these four townships a copy of the manual was forwarded to 
the contracting deputies. 

The contracts were returned without being executed, the surveyors claiming that 
under this manual considerable more work was required of the deputy, and in a rough 
mountainous country like that in which the proposed surveys were to be made, ifc 
would be very difficult making their work close within the limits prescribed. 

I endeavored to find other surveyors to undertake the work, but did not succeed. 

I regret this, as I was very desirous of executing contracts covering as much as 
possible of the amount allotted to this district. 

I believe, however, that contracts can be awarded for the survey of these town- 
ships as soon as the appropriation becomes available. 

Your office has placed a liberal construction on the restriction confining surveys to 
agricultural lands, and I am of the opinion that much less difficulty will be expe- 
rienced in securing the services of competent surveyors, providing fair rates are 
allowed for executing the work. 

At the present time there are quite a number of petitions on file in this office ask- 
ing for the survey of lands that are occupied and improved by actual settlers, but the 
localities and character of the land in the townships sought to be surveyed are such 
as will require the benefit of the special augmented rates in order to secure con- 
tracts. 

I would therefore respectfully recommend that a liberal amount be apportioned to 
this district from the appropriation for the present fiscal year for the survey of the 
public lands, as the demands for such as are actually needed is now very urgent and 
constantly increasing. . 

UTAH. 

There was apportioned to this district out of the appropriation of 
$200,000 for surveys and resurveys of public lands, the sum of $5,000, 
and contracts were entered into to the full extent of the apportionment. 
There was also one contract involving a surveying liability of $762.05, 
payable from repayments by the Central Pacific Eailroad Company. 

The survey or- general calls attention to the urgent need in his office 
of a system of connected mineral plats, and to the estimates of appro- 
priations for this purpose, submitted by him in 1889 and again in 1890. 

In the estimates submitted by this office for the surveying service for 
the fiscal year ending June 30, 1892, there is embraced an item of $9,000 
for clerk hire in the office of the surveyor-general of Utah, of which 
amount the sum of $5,000 is intended to be applied to the preparation. 



52 REPORT OF THE SECRETARY OF THE INTERIOR. 

of connected maps of the several mining districts in Utah, as explained 
in the note accompanying the estimate. 

The necessity for complete and accurate maps of the mining districts 
is recognized by this office, and it is earnestly hoped that the amount 
asked for may be appropriated. 

WASHINGTON. 

Of the appropriation for the survey of the public lands for the fiscal 
year the sum of $20,000 was apportioned to this district. Under said 
apportionment seven contracts for public surveys were awarded ; total 
liabilities aggregating $11,704. 

One contract was also awarded for the survey and resurvey of the 
south and west boundaries of the Yakima Indian reservation ; liability 
$2,163, payable from the appropriation (approved March 2, 1889) for 
the survey and subdivison of Indian reservations. This contract was 
authorized by the Department on the recommendation of the Commis- 
sioner of Indian Affairs. 

WYOMING. 

Under the apportionment of $10,000 made to this district, two con- 
tracts of $5,000 each for public land surveys were awarded during the 
fiscal year. 

One contract (liability $90) was also awarded to John E. Shannon for 
the survey of the strip of land adjoining the eastern boundary of the 
Fort McKinney military reservation, which was relinquished by the 
military authorities and promulgated in executive order dated January 
10, 1889. 

On the recommendation of the Commissioner of Indian Affairs the 
Department directed the award of a contract for the survey of lands for 
allotments within the Shoshone Indian reservation. In compliance 
with said authorization a contract was awarded to Howard B. Carpen- 
ter ; liability $12,000, chargeable to the appropriation of February 8, 
1887, for the allotment of lands in severalty to Indians. 

EXAMINATION OF SURVEYS IN THE FIELD. 

By the act of Congress making appropriations for sundry civil ex- 
penses of the Government for the fiscal year ending June 30, 1890, ap- 
proved March 2, 18«9, there was appropriated for surveys and resurveys 
of public lands the sum of $200,000. 

Of this amount a sum not exceeding $20,000 was authorized to be ex- 
pended in the examination of surveys in the field to test the accuracy of 
the work executed by the United States deputy surveyors, and for the 
examination of surveys heretofore made and reported to be defective. 

Under this appropriation four special agents for the examination of 
surveys were appointed, One of these agents was discharged ftfter a. 



PUBLIC LANDS. 53 

few months' service, but the remainder have been constantly employed 
through the year. 

In addition to the field examinations made by the special agents 
under the immediate direction of this office, the surveyors-general in 
several districts have from time to time been authorized to employ 
special examiners to inspect certain surveys — the cost of such inspec- 
tion to be defrayed from assignments of moneys out of the general 
fund above mentioned. 

During the past year surveys have been accepted upon reports of 
examination in the field, either by special agents of this office or by 
special examiners appointed by the surveyors-general under the author- 
ity of this office, as follows : 

Contracts. 

Arizona 7 

California 5 

Colorado i 12 

Dakota 5 

Idaho ..„ 1 

Louisiana 1 

Minnesota 2 

Montana 7 

Nevada , 2 

New Mexico 12 

Oregon , 5 

Utah 11 

Washington 4 

Wyoming 1 

Total '. 75 

Surveys executed under contracts and special instructions were ac- 
cepted without field examination as follows : 



States and Territories. 


Contracts. 


Instruc- 
tions. 


States and Territories. 


Contracts. 


Instruc- 
tions. 




14 
2 
3 

1 


6 
2 




1 
2 

3 

2 


1 




Montana 

New Mexico ^ 

Oregon 


1 




2 


Florida 


2 
1 
3 


6 




3 

















The cases in which surveys were accepted without field examinations 
were either those where the liabilities were so small that it was not 
deemed advisable to incur the expense, or where the deputy surveyors 
were well known as competent and trustworthy persons whose work the 
surveyors-general recommended for acceptance without inspection. 

Included in the surveys accepted during the year were those under 
certain contracts referred to in the last annual report as suspended, as 
follows : In Arizona contracts Nos. 3 and 41 ; Idaho, contract No. 102 ; 
Louisiana, contract No. 24 ; Minnesota, contract No. 2 ; Montana, con- 
tracts Nos. 196 and 203 ; Utah, contracts Nos. 139, 140, 141, 142, 143, 144, 



54 REPORT OF THE SECRETARY OP THE INTERIOR. 

145, 150, and 157. These surveys were suspended awaiting examina- 
tion, or, having been suspended for reported im perfections, were held 
for corrections in the field and further examination. 

Among the accepted surveys were those of abandoned military reser- 
vations as follows : In Arizona, Fort Verde Garden Reserve, Camp 
Goodwin, Old Camp Grant, and Camp Crittenden; in Dakota, Fort 
Kice reservation ; in New Mexico that portion of the military reserva- 
tion of Fort Butler lying outside the Pablo Montoya grant; in Wyom- 
ing the Fort Fetterman reservation, together with the old and new Fort 
Fetterman wood reservations. 

The following surveys of Indian reservations were also included in 
the accepted surveys, viz : The north and west boundaries of the Hoopa 
Yalley Indian reservation in California; the survey of a part of the 
north boundary of the Southern Ute Indian reservation in Colorado ; 
the north bouudary of the Warm Springs Indian reservation, and the 
survey of the boundaries and subdivision of the Umatilla Indian reser- 
vation in Oregon. 

SURVEYS UNDER INSTRUCTIONS ISSUED BY OR CONTRACTS ENTERED 
INTO BY THE COMMISSIONER OF THE GENERAL LAND OFFICE. 

During the past year this office issued special instructions for sur- 
veys of several islands omitted in the previous township surveys, which, 
on account of the small liability involved in each case, were accepted 
without examination in the field. 

These islands are situated in States where the office of surveyor-gen- 
eral has been discontinued, and under the law the Commissioner is ex 
officio surveyor-general. In each case the applications for these frag- 
mentary surveys were, under the rule, submitted to the Department, 
and the requisite instructions were issued when the surveys had been 
.sanctioned by the Department. 

SURVEY OF THE EAST BOUNDARY OF THE SEMINOLE LANDS IN THE 

INDIAN TERRITORY. 

The survey made in lSS^-'SS of the east boundary of the tract in the 
Indian Territory purchased from the Creek Nation for the Seminole 
Indians having been found defective, tliis office rejected the same and 
entered into a new contract for the survey of said boundary. The new 
survey having been critically examined in the field, was found to have 
been executed in the best manner and in strict accordance with the 
contract and instructions, and was duly accepted by this office. The 
fact was developed by this survey that the 175,000 acres purchased 
from the Creeks did not include all the lands actually occupied by the 
Semiuoles, a number of them being located east of the boundary line. 
The surveyor stated that to include all the lands occupied by the Sem- 
inoles would require the running of a new boundary east of the one 



PUBLIC LANDS. 55 

established by him so as to embrace an estimated area of about 25,000 
acres in addition to the 175,000 acres previously purchased from the 
Creek Nation. 

REJECTED SURVEYS. 
SURVEY OF THE IOWA INDIAN RESERVATION IN KANSAS AND NEBRASKA. 

In April, 1888, under the direction of the Department, a contract 
was made by this office for the survey of that reservation, and the sur- 
vey was returned to this office, but the field-notes were so defective 
that proper plats could not be constructed, and after repeated trials on 
the part of the surveyor he failed to make his returns acceptable and 
the survey was rejected. A new contract was entered into for this 
work. 

SURVEYING CONTRACT NUMBER 169, NEVADA 

The surveys under this contract were inspected in the field by a 
special agent of this office, and in view of a number of corners missing, 
the discrepancies in the descriptions of corners, and in the measure- 
ments and alignments, and after making due allowance for deteriora- 
tion between the dates of survey and examination in the field, the sur- 
veys were rejected. From the decision of this office the deputy survey 
ors took an appeal to the Department, which, b}^ decision bearing date 
July 25, 1890, affirmed the action of this office. 

SURVEY OF THE FORT HALLECK MILITARY RESERVATION AND THE CAMP MCDER- 
MITT HAY RESERVATION IN NEVADA. 

These reservations having been transferred to the Interior Depart- 
ment under the provisions of the act of July 5, 1884, the surveyor- 
general of Nevada was authorized to contract for the survey thereof. 
The surveyor made returns of his work, but the surveyor- general, who 
made a field inspection of the same in person, reported that it was very 
evident that the deputy had not attempted in his surveys of those reser- 
vations to correctly run and sufficiently mark the lines and corners 
thereof, nor to in any sufficient manner fulfill the terms and require- 
ments of his contract and instructions, and the surveys were accord- 
ingly rejected by this office. A new contract for the survey of said 
reservations has been awarded. 

RESURVEY OF RANCHO BUENA VISTA. 

The surveyor-general of California was instructed to make a resurvey 
of the boundaries of this rancho in conformity to the decisions of the 
Department of April 5 and July 19, 1887 (5 L. D., 559 ; 6 L. D., 41). The 
resurvey being found not in conformity with said Departmental decis- 
ions, was rejected. 

SURVEY OF THE SIOUX CEDED LANDS IN NEBRASKA. 

During the year contracts have been made for the survey of all that 
portion of the Sioux ceded lands in Nebraska except the tier of frac- 



5G EEPORT OF THE SECRETARY OF THE INTERIOR. 

tional townships adjoining the north boundary of the State between 
the Missouri and Key a Paha Bivers, which were necessarily omitted ow- 
ing to the fact that this portion «of said north boundary had not yet 
been surveyed and marked in the field. These surveys include that 
portion of the old Ponca Indian reservation situated in townships 32 
and 33 north, ranges 9 and 10 west. 

Instructions were also issued for the survey of Niobrara Island, in 
Niobrara River, which, by the terms of section 21 of the act of March 
2, 1889 (25 U. S. Stat., 8S8), was donated to the city of Niobrara, and 
accepted by said city by an ordinance bearing date January 28, 1890. 

NORTH BOUNDARY OF NEBRASKA. 

The act of March 28, 1882, entitled "An act to extend the northern 
boundary of the State of Nebraska " (22 U. S. Stat., 35), provides for 
the extension of said boundary, so as to include all that portion of the 
Territory of Dakota lying south of the forty-third parallel of north lati- 
tude and east of the Keya Paha River and west of the Missouri River. 

That portion of the northern boundary of Nebraska extending from 
the northwest corner of the State to the Keya Paha River, was surveyed 
in 1874, but from the Keya Paha to the Missouri River the line has not 
been marked. In February last a special estimate of $2,052 was sub- 
mitted for this survey. Until this boundary shall have been surveyed 
and marked it will not be practicable to complete the survey of that 
portion of the Sioux ceded lands in Nebraska, nor to properly close the 
surveys of the ceded lands in South Dakota adjoining the boundary. 

THE TEXAS BOUNDARY. 

The act of Congress approved June 5, 1858, authorized the President 
of the United States in conjunction with the State of Texas to run and 
mark the boundary lines between the Territories of the United States 
and the State of Texas. 

Commissioners on the part of the United States and Texas were duly 
appointed and the survey was proceeded with. The present status of 
the survey is fully set forth in the report of the Commissioner made to 
the Department under date of January 11, 1882, in response to a reso- 
lution of the United States. Senate of January 6, 1882, requiring the Sec- 
retary of the Interior to furnish the Senate with the report, if any, of 
the survey of the United States and Texas Boundary Commission, made 
under the provisions of the act of June 5, 1858. The following is a copy 
of said report : 

Department of the Interior, General Land Office, 

Washington, D. C, January 11, 1882. 
Sir : I have the honor to acknowledge the receipt, by reference from the Depart- 
ment for report, of a resolution of the United States Senate, dated January 6, 1882, 
calling on the Secretary of the Interior to " furnish the Seriate with the report, if any, 
of the survey of the United States and Texas Boundary Commission, made under the 



PUBLIC LANDS. 57 

provisions of tlio act of Congress, approved June 5, 1858" ; and Lf no final report of 
said commission was made, that fact is required to be reported, together with 
the maps, surveys, and report of the work so far ;is it was prosecuted. 

In reply. I have the honor to state that no report of said survey on the part of the 
commissioner for the State of Texas was ever made. 

Several partial reports were made hy John H. Clark, United States commissioner, 
and his report of September 30, 1801, covers brielly the whole field of operations by 
both commissioners in establishing said boundary. 

I transmit herewith, in separate packages, the maps and notes of field-work of the 
survey returned by the United States commissioner; also the correspondence in the 
case, including copy of the instructions by the Department to said commissioner for 
said survey and letters to the governor of Texas. 

Of the sixteen maps returned by the commissioner, Nos. 3 and 16 are missing, the 
latter being a general map of the whole survey, noted on the records as "missing " as 
early as May 7, 1862 ; the former, No. 3, being a map of that part of the thirty-second 
parallel from Crow Spring to the Pecos River. 

All the maps are in more or less of an unfinished condition as to topography, letter- 
ing, etc., some of them being nearly completed. The bound volume, No. 9, contains 
manuscript notes of all the field work of triangulation and topography. None of the 
maps or records are authenticated or approved. 

From an examination of the papers and reports, which will be found in the bundle 
marked " Correspondence," the following is prepared as showing, in brief, what was 
accomplished under said act of Congress approved June 5, 1858. (Stat, at Large, 
Vol. II, p. 310.) 

The joint commission on the part of the United States and the State of Texas com- 
menced work together on the Rio Grande, but the Texas commissioner did not re- 
main long in the field on account of personal differences between himself and the 
United States commissioner. A new Texas commissioner came and assisted in the 
survey of a part of the west boundary, or one hundred and third. meridian, west lon- 
gitude. 

In the next year, viz, 1860, when the United States commissioner surveyed the 
north and east boundaries, it does not appear from the records and papers that the 
Texas commissioner took any part in the work, and the language used b^ ine United 
States commissioner indicates that he did the work without any co-operation. 

The east boundary, being that part of the line between Texas and Indian Territory 
along the one hundredth meridian, west longitude, had been in part previously estab- 
lished by Messrs. Jones & Brown, Surveyors, in 1859, under a contract for marking 
the boundary line of certain Indian lands, which boundary, by treaty of January 22, 
1855, was the one hundredth meridian, or the line between the State of Texas and the 
Indian country. 

Said surveyors had marked the one hundredth meridian from the north bank of 
Red River, or what is designated on the United States maps as Red River, north to 
the Canadian River, and about 19 miles farther north, and under the instructions 
issued to the United States commissioner by the Secretary of the Interior, for the 
survey of the United States and Texas boundary, he was only required to retrace so 
much of said meridian as had been thus previously established by said surveyors, 
.Tones and Brown. 

The copy of letter from the Department to the Governor of Texas, dated August 
17, 1858, with the correspondence in the package accompanying this letter, setsforth 
the reasons why the Government proposed to adopt the survey made by said sur- 
veyors as a part of the line between the United States and State of Texas. 

As stated in my letter dated January 5, 1882, to Hon. S. B. Maxey, the work of 
Commissioner Clark was terminated in January, 1862, by the direction of the De- 
partment in letter dated the 16th of that month, and the office work was therefore 
never completed, the field-work having been executed, as required by the Secretary 



58 REPORT OF THE SECRETARY OF THE INTERIOR. 

oi' the Interior, except a part of the west boundary, which was not run, viz, from 33° 
north latitude to 33° 45' north latitude. 

No part of said boundary survey has ever been officially agreed upon or accepted 
by the two governments as contemplated in the act of Congress authorizing the 
survey. 

In explanation of the condition of some of the maps, I have the honor to state 
that they were damaged by water at the time of the Patent Office fire in 1877. 
The Senate resolution is herewith returned. • 

I am, very respectfully, your obedient servant, 

N. C. McFarland, 

Commissioner. 
Hon. S. J. Kirkwood, 

Secretary of the Interior. 

The commissioner's survey and the accompanying papers and maps, 
were printed (by order of the Senate), under the title of "Report of the 
Commissioner of the General Land Office upon the survey of the United 
States and Texas Boundary Commission," Senate Executive Document, 
No. 70, Forty-seventh Congress, first session. 

In view of the fact that the survey has never been officially agreed 
upon or accepted by the United States or Texas, as contemplated by 
the act of Congress authorizing the same and of the long time (thirty 
years) which has elapsed since the survey was made, rendering it very 
probable that the major portion of the monuments marking the line 
have been obliterated ; and further, as the position of the one hundred 
and third meridian west from Greenwich, as determined and established 
in said survey, is believed to be between 2 and 3 miles west of the true 
position of said meridian, which forms a portion of the boundary between 
New Mexico and Texas, it is earnestly recommended that provision be 
made for a new survey under a joint commission, and that the posi- 
tions of the meridians of longitude, and parallels of latitude which under 
the law, form the State and Territorial boundaries, be determined by 
approved modern methods, and marked upon the face of the earth by 
durable and conspicuous monuments, in order that all questions as to 
the limits of the several jurisdictions may be set at rest. 

SURVEY OF HEAVILY TIMBERED AND MOUNTAINOUS LANDS IN THE 
STATE OF WASHINGTON. 

In the estimates submitted by this office for public land surveys dur- 
ing the fiscal year ending June 30, 1892, special rates are asked for the 
survey of lands in the State of Washington, heavily timbered, mount- 
ainous, or covered with dense undergrowth. The rates named in the 
estimate are those submitted by the United States surveyor-general 
of Washington as necessary in order to enable him to let contracts for 
the survey of such lands, which he is unable to do at the augmented 
rates now allowed by law. The rates submitted are $25 per linear mile 
for standard and meander lines, $23 for township, and $20 for section 
lines. These special rates are asked for the State of Washington be- 



PUBLIC LANDS. 59 

cause of the great/difficulties encountered in surveying the exceptionally 
heavily timbered lands in the western portion of the State. Tbese lands 
are not only heavily timbered, but are covered with an undergrowth so 
dense as to greatly impede the work of the surveyor, rendering his 
progress tedious and expensive. So great indeed is the cost of running 
the lines in this densely wooded region that competent and trustworthy 
deputies can not be induced to enter into contract for surveys even at 
the highest rates now allowed by law, realizing, as they do from actual 
experience, that if their work is performed with a proper regard for the 
obligations of their contract, there will remain little or no margin of 
profit to compensate them for their arduous labors. The high rates are 
not, of course, intended for general application throughout the State, but 
only to those lands covered by heavy timber and dense undergrowth, 
which can not be surveyed at present legal rates, and which it may be 
desirable and necessary to survey in order to meet the demands of 
actual settlers, and that the State may make selections of lands in sat- 
isfaction of the several donations made by the enabling act of February 
22, 1889. 

PUBLIC LANDS OF THE ARID REGION. 

In the annual report of this office for the fiscal year ending June 30, 

1888 (pages 181 to 184), and in that for the fiscal year ending June 30, 

1889 (pages 48 to 54), the subject of irrigation of the arid lands of the 
public domain was treated of. 

Since then, the arid lands, or lands within the arid region, as affected 
by the provisions of the act of Congress of October 2, 1888 (25 Stat. 
526), have been the subject of consideration in the Department and in 
Congress. As affording information on this important subject, I here 
present the contents of Executive Document No. 136, Senate, Fifty-first 
Congress, first session, as follows, viz : 

Department of the Interior. 

Washington, June 3, 1890. 

Sir : I have the honor to acknowledge the receipt of the resolution of the Senate 
of May 3, 1890, in the following language : 

" Whereas the act approved October 2, 1888, making appropriations for sundry 
civil expenses of the Government for the fiscal year ending June 30, 1890, in appro- 
priating the sum of $100,000 for investigating the extent to which the arid region of 
the United States may be reclaimed by irrigation, and to enable the Geological Sur- 
vey to select the sites for reservations and other hydraulic works connected therewith, 
further provides as follows: 

"And all the lands which may hereafter be designated or selected by such United 
States surveys for sites for reservoirs, ditches, or canals for irrigation purposes, 
and all the lands made susceptible of irrigation by such reservoirs, ditches, or canals 
are from this time henceforth reserved from sale as the property of the United States, 
and shall not be subject after the passage of thia act to entry, settlement, or occupa- 
tion until further provided by law: 

"Besolved, That the Secretary of the Interior be requested to inform the Senate 
what construction is placed by his Department upon the scope and effect of the res- 
ervation from sale and disposal of the arid lands under the provisions of the act above 



60 REPORT OF THE SECRETARY OF THE INTERIOR. 

cited, and what instruction or orders, if any, have been issued or made thereunder 
(whether general or special) with respect to the suspension of the arid lands from 
entry under the public land laws, or the suspension of entries thereof heretofore 
made, or affecting the rights of citizens to construct canals and ditches for irrigating 
purposes on the public domain." 

In reply thereto I have to state that the question as to the construction of the 
statute mentioned in this resolution first arose upon the presentation to the Secretary 
of resolutions of the constitutional convention that assembled in Idaho Territory on 
account of the supposed conflict then about to occur between that Territory and the 
Territory of Utah as to the use of the waters of> Bear River. These resolutions were 
transmitted through the governor of the Territory, and a copy of which is hereto 
annexed, and wherein this memorial, among other things that were recited, states: 

" Whereas the Government of the United States has taken steps toward redeeming 
the arid lands of the West ; * * * and 

" Whereas, for the purpose of establishing a thorough system of storage reservoirs, 
canals, and irrigating ditches, engineering parties are making surveys for this pur- 
pose; and 

"Whereas it is learned that the plans of the Government are threatened to be 
thwarted by speculators having men to follow up these surveys to make filings on 
lands, reservoirs, and canal locations : 

"Resolved, By the Idaho constitutional convention now assembled at the capital of 
said Territory, having the good of the general public and the good of the people of 
Idaho with the prosperity of the Territory at heart, do hereby memorialize the De- 
partment of the Interior to take such action at once as will remedy the evils which 
threaten this fair Territory in the manner outlined in this memorial." 

Thereupon a response was made by the Secretary, dated August 2, 1889, and di- 
rected to the Hon. G- L. Shoup, governor, Bois6 City, Idaho, which, after acknowl- 
edging the receipt of the resolutions, stated that a full reply to the questions might 
be found in the provisions of the appropriation act of October 2, 1888, which was 
then and there quoted, and in regard to which the Secretary went on to state: 

"This is the law of to-day, unreversed, unrepealed, and in full force. You per- 
ceive its vast extent and the immense consequences that will follow therefrom in the 
direction that your resolution points unless there be further action in regard thereto 
by Congress. It follows necessarily that the speculators, corporations, or other per- 
sons referred to in the resolution are under the effect of this law and unable to obtain 
the advantages that you say they are seeking. Unless the law is repealed or the 
President opens the lands to settlement under the homestead laws the Government 
must have and will take eventually absolute control of every acre of arid land that 
may be redeemed by the system of reservoirs, canals, and ditches, as provided in the 
appropriation act mentioned. The subsequent appropriation act has not affected the 
above provision. 

" This, I think, is a full solution of the whole trouble between the Territory of 
Idaho and Utah, and parties entering upon the lands in either Territory will be sub- 
jected to the superior title aud further control of the United States." 

In consequence of this correspondence, as promised therein and under what was 
deemed a pressing necessity, a circular was prepared by the Commissioner of the 
General Land Office, under direction of the Secretary, and distributed to the regis- 
ters and receivers of United States district land offices, under date of August 5, 1889, 
in which it was held : 

" That the object sought to be accomplished by the foregoing provision (being that 
cited in the resolution of the Senate) is unmistakable. The water sources and the 
arid lands that maybe irrigated by the svstem of national irrigation are now re- 
served to be hereafter, when redeemed to agriculture, transferred to the people of 
the Territories in which they are situated for' homesteads. The act of Congress and 
common justice require that they should be faithfully preserved for these declared 
purposes. 



PUBLIC LANDS. 61 

"The statute provides that all lauds which may hereafter be designated or selected 
by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- 
poses, and all lauds made susceptible of irrigation by such reservoirs, ditches, or 
canals, are, since the passage of said act, absolutely reserved from sale as properly of 
the United States, and shall not be subject after the passage of the act to entry, set- 
tlement, or occupation until further provided by law or the President, by proclama- 
tion, may open said lands to settlement. 

"Neither individuals nor corporations have a right to make filings upon any lands 
thus reserved, nor can they be permitted to obtain control of the lakes and streams 
that are susceptible of uses for irrigating purposes. 

"You will therefore immediately cancel all tilings made since October 2, 1888, on 
such sites for reservoirs, ditches, or canals for irrigating purposes and all lands that 
may be susceptible of irrigation by such reservoirs, ditches, or canals, whether made 
by individuals or corporations, and you will hereafter receive no filings upon any 
such lands. 

"This order you will carry into effect without delay." 

A copy is herewith transmitted. 

This has been the construction held since, and under it large portions of the public 
survey have been designated by the Director of the Geological Survey to be set apart 
for reservoirs, ditches, etc., amounting to many thousand acres. 

Upon the receipt of the Senate resolution, and in order that there might he no future 
misunderstanding as to the validity of the construction by the Secretary, he asked 
and obtained first the opinion of the assistant attorney-general assigned to his depart- 
ment as to the construction to be placed upon the act, which was given, and there- 
upon the matter wae further presented to the Attorney-General of the United States, 
w ho has rendered his opinion, and states his conclusions in the following words : 

" The object of the act is manifest. It was to prevent the entry upon, and the set- 
tlement and sale of, all that part of the arid region of the public lands of the United 
States which could be improved by general systems of irrigation, and all lands 
which might thereafter be designated or selected by the United States surveys as 
sites for the reservoirs, ditches, or canals in such systems. Unquestionably, it would 
seriously interfere with the operation and purpose of the act if the sites necessary 
for reservoirs in such plan of irrigation could be entered upon by homestead settlers. 
So, too, it would be obviously unjust if, pending the survey made with a view to 
their segregation for improvement by irrigation, these lands could be entered upon 
and settled as arid lands of the United States. It was, therefore, the purposs of 
Congress by this act to suspend all rights of entry upon any lands which would come 
within the improving operation of the plans of irrigation to be reported by the 
Director of the Geological Survey under this act. Language could hardly be stronger 
than are the words of the act in expressing this intention : 'All the lands which may 
hereafter be designated or selected,' etc., 'are from this time henceforth hereby 
reserved from sale,' etc., ' and shall not be subject after the passage of this act to en- 
try,' etc., 'until further provided by law.' There can be no question that if an entry 
was made upon land which was thereafter designated in a United States survey as a 
site for a reservoir, or which was by such reservoir made susceptible of irrigation, the 
entry would be invalid, and the land so entered npon would remain the property of 
the United States, the reservation thereof dating back to the passage of this act. 

" The far-reaching effect of this construction can not deprive the words of the act 
of their ordinary and necessary meaning. The proviso that ^the President, at any 
time in his discretion, by proclamation, may open any portion or all of the lands,' so 
reserved, was the legislative mode of modifying and avoiding the far-reaching effect 
of the act, whenever it should appear to the Executive to have too wide an opera- 
tion. Entries should not be permitted, therefore, upon any part of the arid regions 
which might possibly come within the operation of this act." 

Thus it appears that the Attorney-General fully sustains the opinion of the assist- 
ant attorney-general and the actiou of the Secretary heretofore had, 



62 REPORT OF THE SECRETARY OF THE INTERIOR. 

Copies of these several opinions are also transmitted. 

The Secretary is not called upon to express his views further than upon the con- 
struction he has placed upon this act ; but he asks the privilege to say that he deems 
that this matter is one of such magnitude and of such vital interest to the people in- 
habiting or who may hereafter inhabit these vast regions, that if the Senate and 
House of Representatives do not as a body fully concur in the purpose of this law 
they should take the business in hand without delay to so modify it as they may deem 
the public interests require ; as otherwise there may be the greatest losses on the one 
hand to persons who, ignorant of the law or disregarding the same, settle upon these 
lands, or upon the other vast and valuable properties that should be controlled by 
the Government for reservoirs, ditches, etc. 

In this connection I beg leave to refer the Senate to the report recently made by 
the Committee on Arid lands and Irrigation, and especially to so much thereof as is 
set forth in the minority report in relation to this subject, which has been submitted 
to the Director of the Geological Survey, and I believe meets with his approval. 
Very respectfully, 

John W. Noble, 

Secretary. 

The President op the Senate. 



Department of Justice, 

Washington, D. C. y May 24, 1890. 

Sir: By a letter of April 21, 1890, you submitted for the consideration of the Attor- 
ney-General a letter from the Commissioner of the General Land Office, raising the 
question: "Whether, under the act of October 2, 1888 (25 Stats., 526), the reserva- 
tion extends to such tracts as may be actually selected as sites, etc., becoming opera- 
tive only after such selection, or whether the reservation, from disposal, extends 
from the date of the act to the entire expanse of the arid region, as more particularly 
defined in the communication." 

Since your letter of April 21 you have transmitted also the opinion of Mr. Assistant 
Attorney-General Shields, assigned to your Department, to whom you referred the 
question. After an examination of the law and of the considerations presented by 
Mr. Shields in his opinion, I have to say that I fully concur with him in his conclu- 
sions and the grounds stated therefor ; and that, in view of the lucid opinion which 
he has rendered, it is unnecessary for me to give extended reasons for such concur- 
rence. 

The section of the law which presents the question of construction referred by you 
to this Department is found in the sundry civil appropriation act of 1888, under the 
appropriations for the United States Geological Survey. The subject is introduced 
by an appropriation of $100,000, or so much thereof as may be necessary, "for the 
purpose of investigating the extent to which the arid regiou of the United States can 
be redeemed by irrigation, and the segregation of the irrigable lands in such arid re- 
gion, and for the selection of sites for reservoirs and other hydraulic works necessary 
for the storage and utilization of water for irrigation." The Director of the Geologi- 
cal Survey is then required to make a report to Congress on the first Monday in De- 
cember in each year, showing how the money appropriated has been expended. Then 
follows the particular language which is the subject for construction : 

"And all the lands which may hereafter be designated or selected by such United 
States surveys for sites for reservoirs, ditches, or canals for irrigation purposes, and 
all the lands made susceptible of irrigation by such reservoirs, ditches, or canals are 
from this time henceforth hereby reserved from sale as the property of the United 
States, and shall not be subject, after the passage of this act, to entry, settlement, or 
occupation until further provided by law : Provided, That the President, at any time 



PUBLIC LANDS. 63 

in bis discretion, by proclamation, may open any portion or all of the lands reserved 
by this provision to settlement nndcr the homestead laws." 

Tlieobjeetofthe act is manifest. It was to prevent the entry upon and the settlement 
and sale of all that part of the arid region of the public lands of the United Stales 
which could he improved by general system of irrigation, and all lands which might 
hereafter be designated or selected by the United States surveys as sites for the 
reservoirs, ditches, or canals in such systems. Unquestionably, it would seriously 
interfere with the operation and purpose of the act if the sites necessary for reservoirs 
in such plan of irrigation could be entered upon by homestead settlers. So, too, it 
would be obviously unjust if, pending the survey made with a view to their segrega- 
tion for improvement by irrigation, these lands should be entered upon and settled 
as arid lands of the United States. It was, therefore, the purpose of Congress, by 
this act, to suspend all rights of entry upon any lands which would come within the 
improving operation of the plans of irrigation to be reported by the Director of the 
Geological Survey under this act. Language could hardly be stronger than are the 
words of the act in expressing this intention : 

"All the lands which may hereafter be designated, orselected," etc., "are from this 
time henceforth hereby reserved Irom sale," etc., " and shall not be subject after the 
passage of this act to entry," etc., " until further provided by law." 

There can be no question that if an entry was made upon land which was there- 
after designated in a United States survey as a site for a reservoir, or which was by 
such reservoir made susceptible of irrigation, the entry would be invalid, and the 
land so entered upon would remain the property of the United States, the reservation 
thereof dating back to the passage of this act. 

The far-reachiug effect of this construction can not deprive the words of the act of 
their ordinary and necessary meaning. The proviso that " the President at any time 
in his discretion, by proclamation, may open any portion or all of the lands" so re- 
served, was the legislative mode of modifying and avoiding the far-reaching effect of 
the act whenever it should appear to the Executive to have too wide an operation. 
Entries should not be permitted, therefore, upon any part of the arid regions which 
might possibly come within the operation of this act. 

All the papers accompanying your request, together with the opinion of Mr. Assist- 
ant Attorney-General Shields, are herewith returned. 
Very respectfully, 

Wm. H. Taft, 

Acting Attorney-General, 

The Secretary of the Interior. 



Department of the Interior, General Land Office, 

Washington, D. C, April 2, 1890. 
Sir : I have had under consideration the matter of the public lands in what are 
known as the arid regions affected by the provisions of the act of Congress of October 
2, 1888 (25 Stats., 526), and the departmental circular of August 5, 1889 (9 L. D., 282). 
The portion of that act applicable to such lands reads as follows, viz : 
" For the puri>ose of investigating the extent to which the arid region of the United 
States can be redeemed by irrigation and the segregation of the irrigable lands in such 
arid region, and for the selection of sites for reservoirs and other hydraulic works 
necessary for the storage and utilization of water for irrigation and the prevention 
of floods and overflows, and to make the necessary maps, including the pay of em- 
ploys in field and in office, the cost of all instruments, apparatus, and materials, and 
all other necessary expenses connected therewith, the work to be performed by the 
Geological Survey under the direction of the Secretary of the Interior, the sum of one 
hundred thousand dollars, or so much thereof as may be necessary. And the Director 
of the Geological Survey, under the supervision of the Secretary of the Interior. nhaU 



64 REPORT OF THE SECRETARY OF THE INTERIOR. 

make a report to Congress on the first Monday in December of each year, showing in 
detail how the said money has been expended, the amount used for actual survey and 
engineer work in the field in locating sites for reservoirs, and an itemized account of 
the expenditures under this appropriation. And all the lands which may hereafter 
be designated or selected by such United States surveys for sites for reservoirs, 
ditches, or canals, for irrigation purposes, and all the lands made susceptible of irri- 
gation by such reservoirs, ditches, or canals, are from this time henceforth hereby 
reserved from sale as the property of the United States, and shall not be subject after 
the passage of this act to entry, settlement, or occupation until further provided by 
law: Provided, That the President at any time in his discretion, by proclamation, 
may open any portion or all of the lands reserved by this provision to settlement 
under the homestead laws." 

The following is quoted from the circular of August 5, 1889, in reference to the sub- 
ject, viz : 

"The object sought to be accomplished by the foregoing provision is unmistakable. 
The water sources and the arid lands that may be irrigated by the system of national 
irrigation are now reserved to be hereafter, when redeemed to agriculture, trans- 
ferred to the people of the Territories in which they are situated for homesteads. The 
act of Congress and common justice require that they should be faithfully preserved 
for these declared purposes. 

" The statute provides that all lands which may hereafter be designated or selected 
by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- 
poses, and all lauds made susceptible of irrigation by such reservoirs, ditches, or 
canals are, since the passage of said act, absolutely reserved from sale as property of 
the. United States, and shall not be subject, after the passage of the act, to entry, 
settlement, or occupation until further provided by law, or the President, by procla- 
mation, may open said lands to settlement. 

" Neither individuals nor corporations have a right to make filings upon any lands 
thus reserved, nor can they be permitted to obtain control of the lakes and streams 
that are susceptible of uses for irrigating purposes. 

" You will, therefore, immediately cancel all filings made since October 2, 1888, on 
such sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that 
may be susceptible of irrigation by such reservoirs, ditches, or canals, whether made 
by individuals or corporations, and you will hereafter receive no filings upon any 
such lands. 

" This order you will carry into effect without delay." 

The lauds affected as aforesaid may be considered as embraced in two classes : First, 
such as have been actually selected by the proper authority for sites for reservoirs, 
ditches, or canals for irrigation purposes, and such as may hereafter be selected in 
the progress of the surveys ; and second, all the lands being in possibility of such 
selection for sites, or of being made susceptible of irrigation by such reservoirs, 
ditches, or canals. 

With regard to the first class, the act of selection or designation by authority in 
the progress of the surveys, and the proper promulgation thereof, would determine 
to what particular tracts the reservation should apply, and there would thereafter bo 
no difficulty for all persons interested, whether as officials or otherwise, to avoid want 
of conformity in their proceedings, so far as such difficulty might arise from uncer- 
tainty in this respect. And it scarcely need be suggested that prior to such selection 
there can be no certainty in the matter, and that no reservation is possible, under 
the terms employed in the statute, limited to particular tracts, in the absence of any 
certainty as to the particular tracts to be affected thereby. 

With regard to the second class, two possible views present themselves as to the 
operation of the statute: First, that the reservation extends to such tracts as may be 
actually selected as sites becoming operative only after such selection, and such 
as may be found to be susceptible of irrigation by such reservoirs, ditches, or 
canals after the latter are actually made or brought into existence, and as may be 



PUBLIC LANDS. 65 

selected or designated by proper authority after this is found to be the case, from 
time to time, iu. the progress of the surveys, while as regards all other lands in the 
arid regions, the laws for the disposal of the public lands generally remain operative, 
notwithstanding the provisions of the particular statute ; or, second, that a reserva- 
tion from disposal of the entire expanse within the arid regions, embracing some 
lauds that are naturally arable and susceptible of profitable cultivation, or that may 
be irrigated by individual effort, went into immediate effect as soon as said act was 
approved, so as to render invalid and subject to cancellation any filings, locations, or en- 
tries thereafter allowed ;is being for the land that might possibly, in the course of time, 
be selected for sites for reservoirs, ditches, or canals, or that might be rendered suscep- 
tible of irrigation, thereby embracing possible appropriations at public sale, agricult- 
ural private entries or locations, j)re-emption settlements, entries, or locations, home- 
stead settlements or entries, timber and stone entries, timber-culture entries, town-lot 
entries, town-site entries, scrip locations, mineral entries, desert-land entries, coal 
land entries, selections under Congressional grants for school indemnity, or for other 
purposes ; in fine, every description of disposals provided for in the system of land 
laws in a region of country extending approximately from the one hundredth degree of 
longitude on the east to the Pacific Ocean on the west, and from the British Posses- 
sions en the north to Texas and Mexico on the south, as indicated on a map of the 
arid regions, in the office of the Geological Survey, and including in whole or in part 
he States of California, Colorado, North Dakota, South Dakota, Kansas, Montana, 
Nebraska, Nevada, Oregon, and Washington, and the Territories of Arizona, Idaho, 
New Mexico, Utah, and Wyoming. 

The practical enforcement of the latter construction of this statute would suspend 
the operation of the land system of the land laws in general, so far as regards the 
extent of country mentioned, thereby affecting important interests, or would require, 
in case any disposals are allowed therein, that it should be at the risk of the parties 
seeking title, leading to an indefinite suspension of issue of patents, with an accumu- 
lation of unsettled claims, and corresponding uncertainty of rights, until it may be 
determined, in course of time, whether the tracts, title to which is sought to be ac- 
quired, are affected by the statute as sites for reservoirs, ditches, or canals, or as 
made susceptible of irrigation thereby ; until this is determined, aj)plications to enter 
can not be understandingly acted upon. 

Already, in the progress of the business of this office, numbers of entries are found 
to have been made within the arid regions since October 2, 1888, thus presenting the 
question of their approval or other treatment as a practical one. I have directed 
that until further orders no entries be approved for tracts lying within the arid 
regions where the right had its inception subsequent to the passage of the act of 
October 2, 1888. 

In view of the premises, I have the honor to submit this important matter to the 
Secretary, as the official head of the Department, exercising directory and supervi- 
sory authority over its operations. I respectfully ask directions how I shall proceed 
therein with reference to the language used in the circular of August 5, 1889, as 
above quoted. 

lam of opinion that the first view presented above, as to the operation of the statute, 
should be adopted and acted upon, allowing of disposals subsequently as well as prior 
to its approval, except as it regards tracts actually selected and designated by proper 
authority for sites for reservoirs, ditches, or canals, or actually selected and desig- 
nated by proper authority as susceptible of irrigation from such reservoirs, ditches, 
or canals, and the selection and designation thereof made known in the usual man- 
ner for the information and guidance of all concerned. 

If this view should not meet the approval of the Secretary, then I am of the opin- 
ion that the alternative course would require that the country deemed to be included 
within the law as arid regions should be indicated by declared limits, and instruc- 
tions given to the district land officers to cease operations so far as regards disposals 
INT 90— VOL I 5 



66 REPORT OF THE SECRETARY OF THE INTERIOR. 

withio such limits until the conditions" as to liability to disposal shall bo definitely 
ascertained, and that some rule should be given for proper proceedings with reference 
to entries, filings, or locations found to have been made within the declared limits 
after the approval of the act of October 2, 1888, before or subsequent to the promul- 
gation of the departmental circular of August 5, 1889. 

I respectfully suggest, in view of the public interests involved, that there should 
be no unnecessary loss of time in passing upon the points calling for action, as above 
stated. 

Very respectfully, 

Lewis A. Groff, 

Commissioner. 
The Secretary of the Interior. 



Department of the Interior', 

Washington, May 24, 1890. 

Sir : In accordance with your request I have considered the questions presented 
by the Commissioner of the General Land Office in his letter of April 2, 1890, asking 
for instructions as to the proper action to be taken to carry into effect the provisions 
of the act of Congress of October 2, 1888 (25 Stat., 505-526), relating to the survey and 
segregation of the arid lands of the United States, and would respectfully submit the 
following: 

Said act, after making an appropriation for the purpose of investigating the extent 
to which the arid region is susceptible of irrigation, and the segregation of the irri- 
gable lands in such arid region and for the selection of sites for reservoirs, further 
provides as follows: 

'•And all the lands which may hereafter be designated or selected by such United 
St ates surveys for sites for reservoirs, ditches, or canals for irrigation purposes, and all 
the lands made susceptible of irrigation by such reservoirs, ditches, or canals are from 
this time henceforth hereby reserved from sale as the property of the United States, and 
shall not be subject, after the passage of this act, to entry, settlement, or occupation 
until further provided by law : Provided, That the President, at any time in his dis- 
cretion, by proclamation, may open any portion or all of the lands reserved by this 
provision to settlement under the homestead laws." 

A brief statement of the history of the legislation under consideration may render 
assistance in arriving at a conclusion upon the questions now presented. 

On February 13, 1888, the following resolution was agreed to by the Senate of the 
United States : 

"Resolved, That the Secretary of the Interior be requested to inform the Senate if, 
in his opinion it is desirable, to authorize the organization in his Department known 
as the Geological Survey, to segregate lands of the public domain capable of irriga- 
tion, in the sections of the United States where irrigation is required, from other 
lands, and to lay out suitable places to be Reserved for reservoirs and rights of way 
for ditches and canals for the purposes of irrigation. " (Record, 1888, Fiftieth Con- 
gress, vol. 19, pt. 2, p. 1137.) 

In response to this resolution the Secretary forwarded to the Senate a report of the 
Director of the Geological Survey recommending that such action should be taken, 
and that without delay. (Cong. Record, 1888, Fiftieth Congress, vol. 19, pt. 3, p. 
2636, S. Ex. Doc. 134.) 

By joint resolution approved March 20, 1888 (25 Stat., 618), it was resolved : 

" That the Secretary of the Interior, by means of the Director of the Geological 
Survey, be, and he is hereby, directed to make an examination of that portion of the 
arid regions of the United States where agriculture is carried on by means of irriga- 
tion, as to the natural advantages for the storage of water for irrigating purposes, 
with the practicability of constructing reservoirs, together with the capacity of the 



PUBLIC LANDS. 67 

streams and the cost of construction and capacity of reservoirs, and such other facts 
as bear on the question of storage of water for irrigating purposes." 

The Senate on March 27, 1888, passed a resolution directing the Secretary of the 
Interior to report, what appropriation was necessary to carry into effect the said joint 
resolution. (Cong. Record, 1888, vol. 19, pt. 3, p. 2428.) In response to this the Sec- 
retary recommended an appropriation of $250,000. (Id., p. 4078, S. Ex. Doc. 163.) 

When the sundry civil appropriation bill was being considered in the Senate an 
amendment was made thereto by which there was to be appropriated " for the pur- 
pose of investigating the extent to which the arid region of the United States can be 
redeemed by irrigation," etc., the sum of $250,000, and it was provided in said amend- 
ment," and all lands which may be designated for reservoirs and canals for irrigation 
shall be reserved as the property of the United States, and shall not be subjected to 
entry or settlement until hereafter provided for by law." (Cong. Record, 1888, vol. 
19, pt. 8, p. 7012.) This amendment was amended in the House and the bill was 
finally passed and approved in its present shape. 

It is quite clear that it was the intention to withhold from sale and to withdraw 
from entry, settlement, or occupation all lands needed for the purposes of reservoirs, 
canals, or ditches, and also all lands that might be irrigated, by means of the system 
of irrigation contemplated, which included all arid lands susceptible of irrigation. 

An examination of the Congressional Record shows that this provision of the law 
was debated at considerable length, and that it was clearly understood it contem- 
plated a withdrawal from the date of the passage of the law of all lands needed for 
or to be benefited by the scheme of irrigation contemplated. The discussion in the 
House upon this proposition is found in part 9, vol. 19, of the Congressional Record, 
Fiftieth Congress. 

Mr. Cannon, of Illinois, after stating that the first proposition was the appropria- 
tion of a sum of money, said : 

"The next branch, and by far the most important— in fact the important proposi- 
tion of this amendment — is the reservation now, at the time of the passage of the 
law, of lands that may hereafter be needed at any time for reservoirs or for irrigat- 
ing canals, and all lands that may be irrigated by virtue of the establishment of res- 
ervoirs hereafter." (P. 8506.) 

On page 8507 the following appears : 

*'Mr. Holman. If the gentleman will allow me to interrupt him, I would like to 
ask this question : Does the gentlemen intend hereby that all lands hereafter, at any 
time hereafter, that may be found necessary for the sites of the reservoirs, canals, or 
ditches, or that may be made valuable by irrigation through such sources, shall be 
reserved from entry, and that entries made hereafter in the interval shall not be op- 
erative ? 

"Mr. Symes. That is the intention of the amendment audits effects as it now 
stands. I know that the Senate conferrees will agree to the first part of the amend- 
ment ; that is to say, from now on all lands selected for reservoirs, ditches, or canals 
shall be absolutely reserved, and that if A, B, or C in the mean time locates upon 
them that he shall be subject to be dispossessed, if the sites are necessary for such 
purposes." 

It appears the House amendment was formulated by Mr. Symes, of Colorado, and 
offered by Mr. Breckinridge, of Kentucky. 

Mr. Breckinridge, in the course of his remarks on the amendment, said (p. 8513) : 

" I take the liberty of accepting Mr. Stone's explanation of my amendment. 

" What does this amendment propose? It proposes to appropriate $250,000 to in- 
augurate and prosecute extensive surveys in what is known as the arid region of the 
country, to locate its boundaries accurately, to ascertain where natural reservoirs 
may be established for the storage of water supplies, to ascertain the extent and loca- 
tion of these desert or arid lands which may be reclaimed or restored to agricultural 
uses by a system of irrigation, and to suggest the best and most practicable methods 



68 REPORT OF THE SECRETARY OF THE INTERIOR. 

of irrigation. It provides also that all the lands that may be utilized and made valu- 
able by irrigation shall, after the passage of this bill, be withdrawn from sale or 
other disposition until such time as Congress shall provide for disposing of them. 
That is the sum and substance of the amendment. That is the whole proposition. 

" Mr. Speaker, so far as I am concerned, and so far as this question is concerned, 
that is the whole of it." 

Afterwards Mr. Symes, on behalf of the friends of the measure, moved to amend the 
amendment by striking out the words lt and all lands made susceptible of irrigation 
by such reservoirs, ditches, or canals," which amendment was by the -House rejected 
(p. 8515). It was sought to substitute for the House amendment an amendment 
which provided — 

" That during the pendency of measures now before Congress affecting the public 
lands the entry of lands known and designated as desert lands shall be suspended; 
but this provision shall not prevent the entry of such lands under the homestead law, 
except that section 2301 of the Revised Statutes shall not apply to such entries" (p. 
8542). 

This proposition was also defeated and the amendment first offered was adopted. 

When the bill was again considered in the Senate, Mr. Teller, in explanation of the 
House amendment, said : 

" I should like to say that on an examination of the bill, hastily made, it appears 
that the House has amended the proposition for reservoirs by striking out $150,000, 
leaving the appropriation $100,000 instead of $250,000, as theSenate proposed. They 
have also reserved not simply the reservoirs which we had reserved from occupation, 
but all the lands that are susceptible of irrigation below. 

"That has evidently happened because the House could not have understood what 
the real result would be. That is equivalent to saying in the State of Colorado, if a 
reservoir should be located on the head of a stream, that all the land below that should 
be reserved. There are thousands of acres that may still be irrigated by the waters 
of the stream. It would practically withdraw in Colorado and in some parts of Nevada 
all of what we call the arid lands, all the lands that have to be irrigated. That part 
will not do. It will be no benefit to the western country at all. If you put that in 
we should be worse off than if we had nothing at all. It would be worse than a dis- 
agreement to the Senate amendment." 

The Senate disagreed to the amendment proposed by the House, and the bill was 
referred to the conference committee, where it was finally agreed to, with the addition 
of the proviso, "that the President may, at any time in his discretion, by proclama- 
tion, open any portion or all of the lands reserved by this provision to settlement 
under the homestead laws," and the report of the committee was concurred in both 
by the Senate and the House (pp. 8809 and 8898). 

This act directs the withdrawal of two classes of lands : First, those needed or to 
be designated for sites for reservoirs, ditches, or canals, without regard to their char- 
acter as arid or non-arid lands ; and, second, arid lands made susceptible of irriga- 
tion by such reservoirs, ditches, or canals. It is important that no lands other than 
those embraced in these two classes should be withdrawn from disposition under the 
general land laws. The difficulty lies in determining what lands are embraced by 
these two classes. One point, however, seems so clear that there can be no doubt as 
to the proper course to pursue in relation thereto. The act of March 3, 1877, com- 
monly known as the " desert-land law," relates only to the class of lands withdrawn 
from disposition by the act under consideration ; that is, arid lands susceptible of 
irrigation, and it therefore necessarily follows that no entries under the said desert- 
land law could be properly allowed after the passage of the act under consideration, 
and hence that from and after October 2, 1888, the operation of the desert-land law 
was suspended and must so remain until further action by Congress. Notice of this 
should, it seems to me, be promptly given by the Commissioner of the General Land 
Office, if snch action has not already been taken, and steps should be taken for the 
cancellation of any such entries as may have been made since October 2, 1888. 



PUBLIC LANDS. G9 

In the matter of giving notice of the provisions of this law and issuing sneh in- 
structions as would prevent the allowance of filings or entries on such lands as are 
thereby reserved, no step seems to have been taken until August 3, 1889, when you 
addressed a communication to the Commissioner of the General Land Office, inclosing 
a telegram from the governor of Idaho in regard to said law with the following di- 
rections : 

" You will communicate without delay the provisions of the statute therein cited 
to the laud officers in all the arid districts for their information and guidance, and 
with direction that all lands falling within the language of the statute are reserved 
by force thereof until opened by the President." 

In accordance with these directions the circular of August 5, 1889 (9 L. D., 282), 
referred to and quoted from in the Commissioner's letter of April 2, 1890, was pre- 
pared and promulgated. This circular has, as I am informed, been modified to the 
extent of allowing filings and entries subject to the provisions of said act. 

Any entry or filing and any settlement made within the territory of the arid region 
after October 2, 1888, is liable to defeat by reason of the lands covered thereby being 
subsequently selected as sites for reservoirs, ditches, or canals, or being rendered sus- 
ceptible of irrigation by means of such reservoirs, canals, or ditches as may be con- 
structed in pursuance of the scheme of irrigation contemplated by said act. In order 
to relieve the settlers in that great territory of the doubt and uncertainty resulting 
from this condition of affairs, the work of selecting and designating the particular 
tracts coming within the provisions of this law should be prosecuted with all possi- 
ble diligence. In the mean time, and until this work can be accomplished, the lands 
contemplated by the act should, both for the accomplishment of the ends aimed at 
and for the protection of individuals, be designated and pointed out as segregated 
from the public domain. Whether there is sufficient information in the possession of 
the Bureau of Geological Survey to make it possible to designate certain portions of 
the arid region, as subject to said act and certain other portions as not in any event 
falling within the provisions thereof, I am not in possession of such information as 
would enable me to express an opinion. It seems to have been thought, while the 
measure was pending before Congress, that such a course would be found feasible. 
Mr. Oates, in the course of his remarks, made use of the following language : 

"I see from the testimony of Mr. Powell that the surveys which have been made 
and are now in progress, while not distinct enough for him to locate and designate 
all the different catchment basins and to segregate them one from another, yet they 
are distinct enough so that the neighborhood in which they lie, and where, in all 
probability, the reservoirs would be located, can easily be ascertained. The with- 
drawal of these districts from the market is all that seems to me to be necessary at 
this time." (Congressional Record, 1888, part 9, page 8481.) 

In view of the evident intention of this legislation, I can not concur with the Com- 
missioner of the General Land Office in his recommendation of the adoption of the 
view "that the reservation extends to such tracts as maybe actually selected as 
sites, becoming operative only after such selection, and such as may be found to be 
susceptible of irrigation by such reservoirs, ditches, or canals, after the latter are ac- 
tually made or brought into existence, and as may be selected or designated by proper 
authority after this is found to be the case, from time to time, in the progress of the 
surveys ; while, as regards all other lands in the arid regions, the laws for the dis- 
posal of public lands generally remain operative, notwithstanding the provisions of 
the particular statute," this view, as he says, " allowing of disposals subsequently, as 
well as prior to the approval" of the statute, "except as it regards tracts actually 
selected and designated by proper authority for sites for reservoirs, ditches, or canals, 
or actually selected and designated by proper authority as susceptible of irrigation 
from such reservoirs," etc. 

To adopt this view would, in my opinion, be to defeat the object of the act by allow- 
ing available sites and locations for reservoirs to be appropriated by individuals or 
corporations, to prevent which the reservation was inserted in the law. This view 



70 REPORT OF THE SECRETARY OF THE INTERIOR. 

can not, I think, be adopted, although the only alternative would, as sajd by the 
Commissioner, " require that the country deemed to be included within the law as 
arid regions should be indicated by declared limits and instructions given to the 
district land officers to cease operations so far as regards disposals within such limits 
until the conditions as to liability to disposal shall be definitely ascertained." This 
action will not, however, be necessary to the full extent intimated by the Commis- 
sioner if the information in the possession of the Geological Survey is sufficient to 
make it possible to say that, certain territories within the larger limits of the arid 
region are excepted from the operation of this law. No entries, filings, or locations 
made within the arid regions since October 2, 1888, should be allowed to go to patent 
or be perfected until it shall be satisfactorily determined that the lands involved are 
not within the reservation created by the act under consideration. There seems to 
be no escape from these conclusions, in view of the broad and comprehensive terms 
of the enactment. Whatever may be the opinion of the officials of the Department 
as to the expediency of the legislation, it is clearly their duty to comply with the 
statute, leaving to Congress the remedy by future laws. If, after the withdrawal of 
these arid lands, it should be found that portions of them were not properly with- 
drawn, or are not within the terms of the act, or for any other reason, the President 
may at any time, in his discretion, by proclamation, open any portion or all of the 
lands reserved to settlement under the homestead law. 

The letter of the Commissioner of the General Land Office is herewith returned. 
Very respectfully, 

Geo. H. Shields, 
Assistant Attorney-General. 

The Secretary of the Interior. 



[Telegram.] 

Department of the Interior, 

Washington, August 3, 1889. 
Hon. G. L. Snoup, 

Governor, Boise City, Idaho: 

I have just received the resolution adopted by the constitutional convention, trans- 
mitted by you to me through telegram. A full reply to this question I think is found 
in the following provision of the appropriation act of October 2, 1888, which reads as 
follows : 

" For the purpose of investigating the extent to which the arid region of the United 
States can be redeemed by irrigation and the segregation of the irrigable lands in such 
arid region, and for the selection of sites for reservoirs and other hydraulic works 
necessary for the storage and utilization of water for irrigation and the prevention 
of floods and overflows, and to make the necessary maps, including the pay of em- 
ploye's in field and in office, the cost of all instruments, apparatus, and materials, and 
all other necessary expenses connected therewith, the work to be performed by the 
Geological Survey, under the direction of the Secretary of the Interior, the sum of one 
hundred thousand dollars, or so much thereof as may be necessary. And the Director 
of the Geological Survey, under the supervision of the Secretary of the Interior, shall 
make a report to Congress on the first Monday in December of each year, -showing in 
detail how the said money has been expended, the amount used for actual survey 
and engineer work in the field in locating sites for reservoirs, and an itemized account 
of the expenditures under this appropriation. And all the lands which may there- 
after be designated or selected by such United States surveys for sites for reservoirs, 
ditches, or canals for irrigation purposes, and all the lands made susceptible of irri- 
gation by such reservoirs, ditches, or canals are from this time henceforth hereby 
reserved from sale as the property of the United States, and shall not be subject after 



PUBLIC LANDS. 71 

the passage of this act to entry, settlement, or occupation until farther provided l>.\ law : 
Provided, That the President may at any time, in his discrel ion, by proclamation, open 
any portion or all of the lands reserved by this provision to settlement under I Ik; 
homestead laws." 

This is the law of to-day, unreversed, unrepealed, and in full force. You perceive 
its vast extent and the immense consequences that will follow therefrom in the direc- 
tion that your resolution points unless there be further action in regard thereto by 
Congress. It follows, necessarily, that the speculators, corporations, orother persons 
referred to in tho resolution, are under the effect of this law and unable to obtain 
the advantages that you say they are seeking. Unless the law is repealed, or the 
President opens the land to settlement under the homestead laws, the Government 
mast have and will take eventually absolute control of every acre of arid land that 
may be redeemed by the system of reservoirs, canals, and ditches, as provided in the 
appropriation act mentioned. The subsequent appropriation act has not affected the 
above provision. 

This, I think, is a full solution of the whole trouble between the Territory of 
Idaho and Utah, and parties entering upon these lands in either Territory will be 
subjected to the superior title and further control of the United States. 

I have directed the Commissioner of the Land Office to notify the local officers of 
this law and prohibit entries of the kind you specify, and I have also ordered the 
Superintendent of the Geological Survey to proceed rapidly with the surveys on Bear 
River. The statute, you observe, reserves these lands from the date thereof, and the 
Assistant Attorney-General of this Department agrees with me that it is constitu- 
tional and effective to the extent expressed. I fully appreciate the conflict of rights 
that must arise between Territories and States, but these all can and will be better 
regulated by national control than local conflicts and contradictory legislation. 

I fear that the statute to which I have referred is not known in the Western Terri- 
tories to the extent at least that it ought to be, and I will have your dispatch and 
this published to-day in full. 

John W. Noble, 

Secretary. 

Department of the Interior, General Land Office, 

Washington, D. C, August 5, 1889. 

Gentlemen : Information having reached this Department that parties are endeav- 
oring to make filings on arid lands reserved for reservoirs, irrigating ditches, and 
canals, and for the purpose of controlling the waters of lakes and rivers and their 
tributaries in the arid regions, I am directed by honorable Secretary of the Interior 
to call your special attention to the act of Congress approved October 2, 1888 (U. S. 
Statutes at Large, vol. 25, page 526), as follows : 

" For the purpose of investigating the extent to which the arid region of the 
United States can be redeemed by irrigation, and tho segregation of the irrigable 
lands in such arid region, and for the selection of sites for reservoirs ana other hy- 
draulic works necessary for the storage and utilization of water for irrigation and 
the prevention of floods and overflows, and to make the necessary maps, including 
the pay of employe's in field and in office, the cost of all instruments, apparatus, and 
materials, and all other necessary expenses connected therewith, the work to be per- 
formed by the Geological Survey, under the direction of the Secretary of the Interior, 
the sum of one hundred thousand dollars, or so much thereof as may be necessary. 
And the Director of the Geological Survey, under the supervision of the Secretary of 
the Interior, shall make a report to Congress on the first Monday in December of 
each year, showing in detail how the said money has been expended, the amount 
used for actual survey and engineer work in the field in locating sites for reservoirs, 
and an itemized account of the expenditures under this appropriation. And all the 
lands which may hereafter be designated or selected by such United States surveys 



72 REPORT OF THE SECRETARY OF THE INTERIOR. 

for sites for reservoirs, ditches, or canals for irrigation purposes, and all the lands 
made susceptible of irrigation by such reservoirs, ditches, or. canals, are from this 
time henceforth hereby reserved from sale as the property of the United States, and 
shall not be subject, after the passage of this act, to entry, settlement, or occupation 
until further provided by law : Provided, That the President at any time in his dis- 
cretion, by proclamation, may open any portion or all of the lands reserved by this 
provision to settlement under the homestead laws." 

The object sought to be accomplished by the foregoing provision is unmistakable. 
The water sources and the arid lands that may be irrigated by the system of national 
irrigation are now reserved to be hereafter, when redeemed to agriculture, transferred 
to the people of the territories in which they are situated for homesteads. The act 
of Congress and common justice require that they should be faithfully preserved for 
these declared purposes. 

The statute provides that all lauds which may hereafter be designated or selected 
by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- 
poses, and all lands made susceptible of irrigation by such reservoirs, ditches, or ca- 
nals are, since the passage of said act, absolutely reserved from sale as property of 
the United States, and shall not be subject after the passage of the act to entry, set- 
tlement, or occupation until further provided by law, or the President by proclama- 
tion may open said lands to settlement. 

Neither individuals nor corporations have a right to make filings upon any lands 
thus reserved, nor can they be permitted to obtain control of the lakes and streams 
that are susceptible of uses for irrigating, purposes. 

You will therefore immediately cancelall filings made since October2, 1888, on such 
sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that may 
be susceptible of irrigation by such reservoirs, ditches, or canals, whether made by 
individuals or corporations, and you will hereafter receive no filings upon any such 
lands. 

This order you will carry into effect without delay. 
Respectfully, 

W. M. Stone, 
Acting Commissioner. 

Registers and Receivers, 

United States Land Offices. 



Memorial of the Idaho Constitutional Convention to the Secretary of the Interior, praying 
that the Government of the United States take steps toward redeeming the arid lands of 
the West. 

Whereas the Government of the United States has taken steps toward redeeming 
the arid lands of the West ; and 

Whereas for the purpose of establishing a thorough system of storage reservoirs, 
canals, and irrigating ditches, engineering parties are making surveys for this pur- 
pose; and 

Whereas it is learned that the plans of the Government are threatened to be 
thwarted by speculators having men to follow up these surveys to make filings on 
lands, leservoirs, and canal locations; and 

Whereas it is learned that one corporation is seeking to seize and control Bear Lake, 
together with large bodies of land adjoining its shore-lines, with the intention of 
making that lake a great storage basin ; and 

Whereas the same corporation is seeking to control the waters of Bear Lake, to- 
gether with all the waters of Bear River, with the tributaries thereof, and gulches, for 
a distance of about 150 miles in Idaho, with a view of monopolizing all these waters 
to their own uses, one purpose of which is that they may dispose of a very large por- 



PTTBLTC LANDS. 73 

tion there.. i within fch,e Territory ofUtah, greatly i<> the injury of Idaho, and against 
the interests of her people : Therefore be it, 

Resolved, That it was not contemplated by the Government or the Territory of 
Idaho, that any such monopolizing of the lauds and waters of Idaho should be per- 
mitted. 

Resolved, That steps should be taken at once to preveut such seizures of reservoirs 
and canal locations and the same be preserved for the people. 

Resolved, That Bear Lake should be retained for a public storage reservoir, and the 
lauds immediately adjoining the lake should be withdrawn from market to aid in 
carrying out suck purpose. 

Resolved, By the Idaho constitutional convention, now assembled at the capital of 
said Territory, having the good of the general public and the good of the people of 
Idaho, with the prosperity of the Territory at, heart, do hereby memorialize the Depart- 
ment of the Interior to take such action at once as will remedy the evils which 
threaten this fair Territory in the manner outlined in this memorial. 

Resolved, That this memorial be spread upon the journal of this convention, and a 
certified enrolled copy thereof forwarded by the governor to the Secretary of the 
Interior. 

Idaho Territorial Constitutional Convention, 

Boise; City, Idaho, August 2. 1889. 
We hereby certify that the foregoing is a true copy of the memorial as adopted by 
the constitutional convention of Idaho Territory on the 2d day of August, A. D., 
1889. 

Wm. H. Clagett, 

President. 
Attest : 

Chas. H. Reed, 

Secretary. 

On the 25th of July, 1890, in reference to the subject of an inquiry 
from the Hon. John H. Keagan, of the United States Senate, I made 
the following report to the Hon. Secretary of the Interior, viz : 

Department of the Interior, General Land Office, 
Washington, D. C July, 25, 1890. 

Sir : I have had the honor to receive from the Hon. John H. Reagan, of the United 
States Senate, a telegram dated at El Paso, Tex., the 20th instant, addressed to him 
by Edgar B. Bronson, president El Paso National Bank, in reference to the arid lands 
affected by the act of Congress of October 2, 1888 (Stats. 25, p. 526), on which Mr. 
Reagan has made an endorsement dated the 22d instant, which reads as follows, viz : 

" Respectfully referred to Hon. Lewis A. Groff, Commissioner of the General Land 
Office, Washington, D. C. You will see what is said about the officers of the Land 
Office receiving entries for land in the arid regions up to June. Can this be 
true ? » 

The statement referred to is that " up to the end of June, the land officers of that 
district (southern New Mexico) were receiving the money of entrymen and issuing 
receipts therefor for any variety of filing on Government land desired to be made." 

In reply I have to state that the act of October 2, 1888, in question, provides for 
surveys to be made in the arid regions and for designations or selections of lands for 
reservoirs, etc., and for ascertaining lands susceptible of irrigation thereby, which, 
work was to be performed by the Director of the Geological Survey, under the direc- 
tion of the Secretary of the Interior, and for the reservation of such lands. No action 
was taken under said act in this office, under the last administration, no reports of 
operations thereunder having been received from the Director of the Geological Sur- 
vey, and it apparently having been considered unnecessary to take action looking to 



74 REPORT OF THE SECRETARY OF THE INTERIOR. 

the reservation of the lauds, until after action by him for the designation or selection 
of sites for reservoirs, etc., and for ascertaining the lands made susceptible of irriga- 
tion thereby. No action was taken until August 5, 1889, when a circular was issued 
by the Acting Commissioner of this office, under the direction of the Secretary, in 
which the district land officers were directed to " immediately cancel all filings made 
since October 2, 1888, on such sites for reservoirs, ditches, or canals for irrigating 
purposes, and all lands that may be susceptible of irrigation by such reservoirs} 
ditches, or canals, whether made by individuals or corporations," and that they 
should " thereafter receive no filings upon any such lands." 

It will be seen that when this circular was issued there was, speaking generally, no 
gpecification of sites for reservoirs, ditches, or canals, nor any specification of lands 
made susceptible of irrigation thereby that were to be reserved, nor was there any 
order of reservation of the public lands generally embraced in, their districts. 

Under these circumstances letters were received from the district land officers, state 
ing that they were at a loss to understand their duty in the premises and asking to be 
instructed as to the specific lands to be reserved, and, in reply, they were referred to 
the terms of the statute and the circular mentioned, and informed that any person 
making entries would do so at their own risk. 

These things occurred before the present incumbent of the office of Commissioner 
of the General Land Office entered upon duty. 

There has never been any order to the registers and receivers of the district land 
offices to withhold all lands from entry or filing within what are understood to be the 
arid regions, but all entries or filings so allowed are understood to be made at the risk 
of the parties making them. On the 1st of April last I issued an order that no such 
entry or filing should be approved in this office for patenting until further orders, 
and on the 2d of the same month I addressed a communication to the head of the 
Department stating the case and asking for instructions how further to proceed 
under said act. 

Thus the matter stands, and in connection therewith I would refer to the Execu- 
tive Document No. 136, Fifty-first Congress, first session, from which it appears that 
the attention of Congress was called to the subject by the Secretary under date of 
the 3d June last. 

In view of the foregoing I have no reason to doubt that entries are being allowed 
at the district offices of land not appearing to be embraced in selections for reservoirs, 
or made susceptible of irrigation thereby, at the risk of the parties as aforesaid. 
Very respectfully, 

Lewis A. Groff, 

Commissioner. 

The Secretary of the Interior. 

Copies of a letter from this office to the honorable Secretary of the 
Interior of August 8, 1890, and another to him of the 9th of the same 
month, with a copy of the instructions to registers and receivers of 
district land offices of the latter date, are added as showing subsequent 
proceedings in the matter, viz : 

Department of the Interior, General Land Office, 

Washington, I). C, August 8, 1890. 

Sir : I have had the honor to receive your letter of the 4th instant, referring to my 
report to you under date of the 25th ultimo, in reply to a letter to me from the Hon. J. 
H. Reagan, of the United States Senate, in reference to the public lands in the arid 
regions as affected by the act of Congress of October 2, 1888, and the Departmental 
circular of August 5, 1889 (9 L. D., 282). 

Your letter directs that all disposals of public lands within the arid regions be 
stopped, and that all filings or entries of any such lands made subsequent to the pas- 
sage of said act, be canceled. 



PUBLIC LANDS. 75 

In conformity therewith, instructions are now being prepared in this office to be 
addressed to the proper district land officers of such a oharacter as to prevent the 
acceptance by them of any filings or entries of land within the arid region, anj of 

which lauds are liable to be selected ;is sites for reservoirs, or ditches, or canals for 
irrigation purposes, and to be made susceptible of irrigation thereby. 

1 am in possession of a map, furnished me by the Director of the Geological Survey, 
July 1, 1890, showing in a general way the limits of the arid regions contemplated in 
said act. This map I will act upon as authority, unless otherwise directed. I find, 
however, that the out-boundaries of the arid regions shown on that map bylines 
separating the arid regions from lands adjoining and beyond, which it is to he as- 
sumed are arable without irrigation, and therefore not comprehended within the 
provisions of the act for a reservation from disposal are on a small scale, and not 
sufficiently definite to indicate the particular lands in the manner in which disposals 
are provided for, viz: by sectional subdivisions, townships, and ranges, so as to ad- 
mit of accepting or rejecting entries, or filings applied for, accordingly as they may 
be judged to fall upon one or the other side of such out-boundaries. I have there- 
fore to request that the Director of the Geological Survey be asked to furnish this 
office with proper maps, in reference to such localities, of such definite character as 
to enable me to decide upon the claims of applicants when it is made a question 
whether the precise land applied for lies within the limits of the arid regions or not. 

It is suggested that the desired action be taken, without unnecessary delay, in order 
that the matters involved may be placed in a condition to be x>romptly disposed of. 
Very respectfully, 

Lewis A. Groff, 

Commissioner. 

The Secretary of the Interior. 



Department of the Interior, General Land Office, 

Washington, D. C, August 9, 1890. 
Sir: In reference to the public lands within the arid regions of the United States, 
as affected by the act of October 2, 1888 (25 Stat., 526), and circular of August 5, 
1889, being the subject of yours of the 4th instant and mine of yesterday's date, in- 
forming you that instructions were being prepared to the district land officers on the 
subject, in compliance with your directions, I have now the honor to inclose herewith 
a copy of the instructions referred to. 
Very respectfully, 

Lewis A. Groff, 

Commissioner. 
The Secretary of the Interior. 



Department of the Interior, General Land Office, 

Washington, 1). C, August 9, 1890. 

Gentlemen: On the 5th of August, 1889, a circular was addressed to you, by (lire* 
tion of the honorable Secretary of the Interior, calling your attention to the provisions 
of the act of October 2, 1888 (25 Stat., 526), relative to the lands in the arid regions 
of the United States and instructing you thereunder, which reads as follows, viz: 

"Information having reached this Department that parties are endeavoring to 
make filings on arid lands reserved for reservoirs, irrigating ditches, and canals, and 
for the purpose of controlling the waters of lakes and rivers and their tributaries in 
the arid regions, I am directed by the honorable Secretary of the Interior to call your 
special attention to the act of Congress approved October 2, 1888 (U. S. Statutes at 
Large, vol. 25, page 526), as follows : 



7G REPORT OF THE SECRETARY OF THE INTERIOR. 

"'For the purpose of investigating the extent to which the arid region of the 
United States can be redeemed hy irrigation and the segregation of the irrigable 
hunts in such arid region, and for the selection of sites for reservoirs and other hy- 
draulic works necessary for the storage and utilization of water for irrigation and the 
prevention of floods and overflows and to make the necessary maps, including the 
pay of employes in field and in office, the cost of all instruments, apparatus, and ma- 
terials, and all other necessary expenses connected therewith, the work to be per- 
formed by the Geological Survey, under the direction of the Secretary of the Interior, 
the sum of one hundred thousand dollars, or so much thereof as may be necessary. 
And the Director of the Geological Survey, under the supervision of the Secretary of 
the Interior, shall make a report to Congress on the first Monday in December in each 
year, showing how the said money has been expended, the amount used for actual 
survey and engineer work in the field in locating sites for reservoirs, and an itemized 
account of the expenditures under this appropriation. And all the lands which may 
hereafter be designated or selected by such United States surveys for sites for reser- 
voirs, ditches, or canals for irrigation purposes, and all the lands made susceptible of 
irrigation by such reservoirs, ditches, or canals, are from this time henceforth hereby 
reserved from sale as the property of the United States, and shall not be subject, 
after the passage of this act, to entry, settlement, or occupation until further pro- 
vided by law: Provided, That the President at anytime in his discretion, by procla- 
mation, may open any portion or all of the lands reserved by this provision to settle- 
ment under the homestead laws.' 

"The object sought to be accomplished by the foregoing provision is unmistakable. 
The water sources and the arid lands that may be irrigated by the system of national 
irrigation are now reserved to be hereafter, when redeemed to agriculture, transferred 
to the people of the Territories in which they are situated for homesteads. The act 
of Congress and common justice require that they should be faithfully preserved for 
these declared purposes. 

"The statute provides that all lands which ma/ hereafter be designated or selected 
by the Geological Survey as sites for reservoirs, ditches, or canals for irrigating pur- 
poses, and all lands made susceptible of irrigation by such reservoirs, ditches, or 
canals are, since the passage of said act, absolutely reserved from sale as property of 
the United States, and shall not be subject, after the passage of the act, to entry, settle- 
ment, or occupation until further provided by law, or the President, hv proclamation, 
may open said lands to settlement. 

" Neither individuals nor corporations have the right to make filings upon any lands 
thus reserved, nor can they be permitted to obtain control of the lakes and streams 
that are susceptible of uses for irrigating purposes. 

" You will, therefore, immediately cancel all filings made since October 2, 1888, on 
such sites for reservoirs, ditches, or canals for irrigating purposes, and all lands that 
maybe susceptible of irrigation by such reservoirs, ditches, or canals, whether made 
by individuals or corporations, and you will hereafter receive no filings upon any such 
lands. 

"This order you will carry into effect without delay." 

It is found that, notwithstanding said act and the instructions given thereunder by 
said circular, numerous filings and entries of lands within the arid regions appear to 
have been permitted to be made subsequent to October 2, 1§88, the date of the 
passage of the act. These entries and filings were made at the risk of the parties. 

Under date of the 2d of April, 1890, the matter of the proper course of proceeding 
under said act was submitted by this office to the honorable Secretary of the Interior 
with a request for instructions therein. It appears that the subject was laid by the 
Secretary before the honorable Attorney- General for his opinion, who, under date of 
the 27th of May, 1890, gave an opinion, from which the following is an extract, viz: 

" The object of the act is manifest. It was to prevent the entry upon and the set- 
tlement and sale of all that part of the arid region of the public lands of the United 



PUBLIC LANDS. 77 

States which could be improved by general system of irrigation, and all lands which 
might be designated or selected by the United States surveys as sites for the reser- 
voirs, ditches, or canals in such systems. Unquestionably it would seriously inter- 
fere with the operation and purpose of the act if the sites necessary for reservoirs in 
such plan of irrigation could be entered upon by homestead settlers. So, too, it 
would be obviously unjust if pending the survey made with a view to their segrega- 
tion for improvement by irrigation, these lands should be entered upon and settled 
as arid lands of the United States. It was, therefore, the purpose of Congress by 
this act to suspend all rights of entry upon any lands which would come within the 
improving operation of the plans of irrigation to be reported by the Director of the 
Geological Survey under this act. Language could hardly be stronger than are the 
words of the act in expressing this intention. 

" 'All the lands which may hereafter be designated or selected, etc., are from this 
time henceforth hereby reserved from sale, etc., and shall not be subject after the 
passage of this act to entry, etc., until further provided by law.' 

" There can be no question that if an entry was made upon land which was there- 
after designated in a United States survey as a site for a reservoir, or which was by 
such reservoir made susceptible of irrigation, the entry would be invalid, and the 
land so entered upon would remain the property of the United States, the reservation 
thereof dating back to the passage of this act. 

"The far-reachiug effect of this construction can not deprive the words of the act 
of their ordinary and necessary meaning. The proviso that the President at any 
time in his discretion, by proclamation, may open any portion or all of the lands so 
reserved was the legislative mode of modifying and avoiding the far-reaching effect 
of the act, whenever it should appear to the Executive to have too wide an opera- 
tion. Entries should not be permitted, therefore, upon any part of the arid regions 
which might possibly come within the operation of this act.' " 

These proceedings having consumed some time, I am now in receipt of the Secre- 
tary's letter of the 4th instant, in which, after alluding to previous correspondence 
and the opinion of the Attorney-General from which an extract is above quoted, he 
directs that this office shall proceed to carry the law "into effect, according to the 
terms and instructions already existing from the Secretary," referring to the instruc- 
tions contained in circular of August 5, 1889, above given. 

I have to call your special and particular attention to the foregoing order from the 
head of the Department, and to direct in reference to the subject matter that you pro- 
ceed strictly in accordance therewith. Although, in any case, there be at the time 
no designation of the land involved therein as a selection for a site or sites for reser- 
voirs, ditches, or canals for irrigation purposes, or as land thereby made susceptible 
of irrigation, that fact is not to be considered as showing that the land is open to 
entry, as although not yet so selected, it may be liable to such selection under said 
act, which is held to withdraw all lands so liable from disposal. 

You, will, therefore, permit no entry or filing of any lands lying within the arid 
regions that may be included in your land district, on any condition whatever, but 
will promptly reject any application that may be made for such an entry or filing, 
with the usual right of appeal. You will take any necessary action to ascertain the 
proper limits of the arid regions, and whether any lands in your districts are included 
therein, and if you have any doubt thereof, you may submit the question to this 
office for specific instructions. 

Any entries or filings of lands within the arid regions which may have already 
been allowed, subsequent to the passage of the act of October 2, 1888, and reported 
to this office, will be taken up and acted upon according to the principles indicated 
herein, as soon as practicable, in the course of official business. 
Very respectfully, 

Lewis A. Groff, 

Commissioner. 
Registers and Receivers, 

United States Land Offices. 



78 REPORT OF THE SECRETARY OF THE INTERIOR. 

Since the foregoing statement was prepared Congress has intervened 
by its act approved August 30, 1890, repealing so much of the act of 
October 2, 1888, as withdraws the land in the arid region from entry, 
occupation, and settlement, with certain exceptions and qualifications, 
and in view thereof a circular of the 5th September, 1890, was issued 
by this office under direction of the Secretary of the Interior, a copy of 
which is given as follows, viz: 

Department of the Interior, General Land Office, 

Washington, D. C, September 5, 1890. 

Gentlemen : I am directed by the honorable Secretary of the Interior, by letter 
of September 4 1890, to call your attention to the attached copy of that portion of the 
act of Congress approved August 30, 1890, which repeals so much of the act of Octo- 
ber 2, 1888 (25 Stat., 526), as withdraws the lands in the arid region of the United 
States from entry, occupation, and settlement, with the exception that reservoir sites 
heretofore located or selected shall remain segregated and reserved from entry or set- 
tlement until otherwise provided by law, and reservoir sites hereafter located or 
selected on public lands shall in like manner be reserved from the date of the loca- 
tion or selection.* The circulars of this office of August 5, 1889, and August 9, 1890, 
are hereby rescinded. 

Entries validated by this act will be acted upon in regular order, and all patents 
issued on entries made subsequent to this act and on entries so validated, west of the 
one hundredth meridian, will contain a clause reserving the right of way for ditches 
and canals constructed by authority of the United States. 

Your particular attention is called to that portion of the law which restricts the 
acquirement of title under the land laws to 320 acres in the aggregate. 

You will require from all applicants to file or enter under any of the land laws of 
the United States, an affidavit showing that since August 30, 1890, they had not filed 
upon or entered, under said laws, a quantity of land which would make, with the 
tracts applied for, more than 320 acres. Or, provided the party should claim by 
virtue of the exception as to settlers prior to the act of August 30, 1890, you will re- 
quire an affidavit establishing the fact. 

As soon as practicable a. blank form of affidavit will be furnished you. 
Very respectfully, 

Lewis A. Groff, 

Registers and Receivers. Commissioner. 

United States Land Offices. 

* For topographic surveys in various portions of the United States, three hundred 
and twenty- five thousand dollars, one-half of which sum shall be expended west of 
the one hundredth meridian ; and so much of the act of October second, eighteen hun- 
dred and eighty-eight, entitled "An act making appropriations for sundry civil ex- 
penses of the Government for the fiscal year ending June thirtieth, eighteen hundred 
and eighty-nine, aud for other purposes," as provides for the withdrawal of the pub- 
lic lands from entry, occupation, and settlement, is hereby repealed, and all entries 
math; or claims initiated in good faith and valid but for said act, shall be recognized 
and may be perfected in the same manner as if said law had not been enacted, except 
that reservoir sites heretofore located or selected shall remain segregated and reserved 
from entry or settlement, as provided by said act, until otherwise provided by law, 
and reservoir sites hereafter located or selected on public lauds shall in like manner 
be reserved from the date of the location or selection thereof. 

No person who shall, after the passage of this act, enter upon any of the public 
lands with a view to occupation, entry, or settlement under any of the land laws, 
shall be permitted to acquire title to more than three hundred and twenty acres in 
the aggregate under all of said laws ; but this limitation shall not operate to curtail 
the right of any person who has heretofore made entry or settlement on the public 
lands, or whose occupation, entry, or settlement, is validated by this act: Provided, 
That in all patents for lands hereafter taken up under any of the land laws of the 
United States, or on entries or claims validated by this act, west of the one hundredth 
meridian, it shall be expressed that there is reserved from the lands in said patent 
described, a right of way thereon for ditches or canals constructed by the authority 
of the United States. 



PUBLIC LANDS. 



79 



PROTECTION AND DISPOSAL OF THE PUBLIC LANDS. 



The hearings and important labor performed during the year by the 
special service division and its agents in the field are shown in detail 
in Appendix P. 

FRAUDULENT LAND ENTRIES. 

In the investigation of fraudulent land entries and otherwise in the 
important duty of protecting the public lands from illegal appropria- 
tion during the year sixty-one agents were employed ; their aggregate 
length of service was four hundred and nineteen months and eighteen 
days, being equivalent to the employment of thirty-four agents for the 
entire year and one agent for eleven months and eighteen days. 

The number of reports received from special agents and acted on are 
as follows : 

Pending June 30, 1889 273 

Received during the year 2,027 

Total 2,300 

Acted on during year 1, 785 

Leaving pending June 30, 1890 515 

To special agents, during the year, were referred 2,684 cases for inves- 
tigation, 243 hearings were ordered, 437 cases were held for cancellation, 
538 were canceled, and 1,909 were examined and passed. Final action 
was taken in 5,938 cases, and 7,025 cases of all descriptions in the dif- 
ferent States shown in the following table were pending June 30, 1890. 

Awaiting action are 482 records of hearings and 448 registers' and 
receivers' reports and miscellaneous letters. During the year there 
were received 10 reports of unlawful inclosures of public land, involv- 
ing, as far as ascertained, 115,455 acres. In 8 cases suits were recom- 
mended, and in 8 cases the fences are reported as having been removed. 

■ Cases pending in Division P June 30, 1890. 





c3 

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28 
39 

40 
14 


21 
2 


23 

28 


215 

76 

155 

491 

8 
17 


60 
18 

362 

21 
55 


33 
1 

15 

1 


4 

2 

6 

31 

6 
2 


"2° 


20 

10 

15 

173 

11 
5 
3 


58 

14 

1 

1 
5 


14 
4 
2 
9 

4 


24 
13 
42 
120 

7 
4 
1 


11 




1 








19 

5 
17 


3 




Pre-emption — declaratory state- 
























1,555 
31 
16 

7 




















25 
11 


'25* 






50 
24 


































Private — cash 




1 
23 
22 
17 

583 


1 






1 
















































































51 




2 




"io" 


33 


211 




Total 


121 


100 


79 


2,571 


125 


2S5 


12 







80 REPORT OF THE SECRETARY OF THE INTERIOR. 

Cases pending in Division P June 30, 1890. 





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2 
14 

6 


15 

8 
19 

42 

4 
15 


.... 


77 
182 

34 
334 

21 

46 


32 

19 

26 

105 

"24 


26 

10 

1 

68 

7 
, 26 


13 
17 
49 

257 

4 

14 

2 


9 

14 

"'h' 

2 
6 


35 

9 

20 

87 

4 

1 


3 
6 
5 
11 

1 


7 

11 

3 

34 


778 




447 




453 






2,177 
115 


Pre-emption — declaratory state- 








240 








6 
















58 




496 






2, 109 
315 






25 
11 




1 


45 
15 

10 
9 






22 

8 




16 
160 








12 




1 


.... 


158 










38 






6 
1 


















2 
15 


47 


















32 
4 


.... 


70 


Coalland — declaratory statements. 
















51 


72 
























Total 


16 


75 


103 


1 


773 


206 


207 


356 


117 


689 


26 


253 


7,025 







TIMBER TRESPASS. 

In the protection of the public timber lands during the year fifty- 
five timber agents were employed, aggregating a length of service of 
three hundred and fifty-one months and fourteen days, which was equiv- 
alent to the employment of twenty-nine agents for one year and one 
for three months and fourteen days. 

Special agents during the year reported three hundred and ten cases 
of timber trespass, involving public timber and the products therefrom 
valued at $3,067,151.66. The following is a statement of the sums re- 
covered during the fiscal year by the Government from suits for timber 
trespass : 

Accepted under propositions of settlement $12,692.42 

On settlements accepted during previous years 275.00 

Sales of timber and lumber 4, 552. 40 

Recovered througb legal proceedings* 83,420. 50 

$100, 940. 32 

In addition to the above, there were pending on July 1, 1890, as far 
as reported, two hundred and eighty-two civil suits for the recovery of 
$14,794,286.55 for timber reported as having been ' unlawfully cut from 
the public lands, and three hundred and six criminal prosecutions for 
violations of the timber laws. 



THE FORESTS OF THE PUBLIC DOMAIN. 

A careful examination has been recently made of the annual reports 
of this office covering the years from July 1, 1881, to June 30, 1889, in- 
clusive, for the purpose of ascertaining what has been accomplished 

*The reports of tbe United States attorneys for a majority of the districts had not 
been received at date of this report. 



PUBLIC LANDS. 81 

during that time, through legal proceedings, in the way of enforcing 
the laws for the protection of public timber. The result of that exami- 
nation is conclusive upon two points : 

First. That the most valuable timber on the public lands is being 
rapidly exhausted. 

Second. That the several laws relating to public timber now in force 
are utterly inadequate to properly protect either the public forests from 
unlawful appropriation or the interests of the settlers engaged in de- 
veloping the country, to whom the use, to a certain extent, of public 
timber is essential. 

It has been demonstrated in years past that the spoliation of the 
public timber lands is uot altogether the work of lawless depredators 
who appropriate public timber in defiance of law, but great areas are 
yearly swept for purposes of speculation under cover of the several acts 
granting the use of public timber to aid in the construction of railroads, 
and of the act of June 3, 1878 (20 Stat., 88), in the interests of residents 
in mineral districts. Experience has shown that these acts, while un- 
doubtedly fostering important interests and enterprises in certain direc- 
tions, have unintentionally, of course, opened a door to unlicensed waste 
and destruction of the public timber. 

Besides what has been written in Government reports, and spoken in 
the debates in Congress, the subject of forestry and the protection of 
the forests of the Government has been widely discussed in the periodi- 
cals of the country, and the theories advanced have been many and 
conflicting. 

It has been advanced by some writers that all the public timber lands 
of the country should be withdrawn at once from entry, and the Army 
assigned to the duty of guarding and protecting them, and that this 
being done, then under Congressional authority a commission should 
be appointed by the President to investigate the whole subject thor- 
oughly in all its relations to the prevention of conflagrations, tbe water 
supply, floods, and the various interests of the people, and make report 
to Congress as the basis of proper legislation. 

Upon the wisdom of appointing such a commission I have now 
nothing to say. My duty has been to make reports on the subject in 
connection with proposed legislation by Congress, and therein my 
views have been expressed. They are, in brief, that a law should be 
enacted repealing statutes found to be objectionable or inoperative, 
inhibiting from entry the rugged, stony, or other timber lands not 
arable and along the mountain sides and at the sources of water 
supply, except under the mining laws, or by such form of necessary ap- 
propriation, by miners and settlers, in such regions, as that allowed by 
the town-site laws, allowing the free use of timber by those settling up 
the country to the extent only of their actual needs, and inviting con- 
current action of State and Territorial legislatures looking to the pro- 
tection of the timber generally from waste and destruction, or from 
INT 90— vol I 6 



82 REPORT OF THE SECRETARY OF THE INTERIOR. 

being removed or monopolized for purely speculative ends. This course, 
it seems to me, would be more in accordance with the necessities of a 
growing country than to pursue a severely restrictive policy, depending 
principally, perhaps, upon the Army, scattered far and wide, to act as 
a constabulary force, and appealing, as it would, to the sentiments of 
all good and patriotic citizens, interested, as such citizens are, in the 
welfare of their particular neighborhoods, and having pride in their 
respective Commonwealths, as well as their common country, be 
better calculated to lead to concurrent legislation by the State and 
Territorial law-makers for the protection and husbanding of the timber 
and enforcement of the legal provisions adopted to that end. 

The precise condition of the matter and my views more in detail, are 
given in the following report to you on Senate bill 1394, made on the 
10th of March last: 

I have the honor to acknowledge the receipt, by reference from the Department, for 
report in duplicate and return of papers, of a communication from Hon. P. B. Plumb, 
chairman of Committee on Public Lands of the United States Senate, transmitting 
Seuate bill 1394 "Authorizing the citizens of Colorado, North Dakota, South Dakota, 
Montana, Nevada, and the Territories, to fell and romove timber on the public domain 
for mining and domestie purposes," and requesting the views of the Department 
thereon. 

I have carefully considered the provisions of the proposed bill ; and while it is in 
some respects an improvement on the several laws relating to the public timber now 
in force, yet it falls far short of accomplishing the results that are required to meet 
the demands of the people and provide for the public interests. I can not, therefore, 
recommend its adoption. 

The bill grants specific privileges as to the use of the public timber in certain named 
States and Territories, by citizens thereof, which are not granted to the citizens in 
other States, but which are specifically denied to such citizens by laws of the United 
States now upon our statute books. 

This, in my opinion, is an unjust discrimination. 

To make this fact clearly understoed, I respectfully call attention to the provis- 
ions of the proposed bill, and the provisions of other laws now in force on the same 
subject. The proposed bill applies specifically, and by name, to the States of Colo- 
rado, North Dakota, South Dakota, Montana, and Nevada, and to the Territories of 
New Mexico, Arizona, Utah, Wyoming, and Idaho ; and grants to citizens of the 
United States, who are bona fide residents in either of said States or Territories, the 
privilege of procuring from public mineral lands such timber as they may require for 
personal use, or as they may desire to manufacture into " lumber or fuel for sale for 
mining, quartz-milling, building, agricultural or other domestic purposes." 

It further provides that a bona fide settler upon the public lands, " or a mine ope- 
rator or manufacturer " or any other citizen of the United States who is a bona fide 
resident of any of the States or Territories named, shall have the privilege of procur- 
ing from any other public land in the State or Territory of which he is a resident, any 
timber, fuel, and fence material, free of cost, for his own use, or for sale upon the 
payment of a certain license fee and rate per acre for the land from which the timber 
is felled and removed. 

The privileges granted by this proposed act to the citizens of the States and Terri- 
tories named therein are not granted to the citizens of any other State. 

The act of June 3, 1878 (20 Stat., 89), applies specifically and by name to the 
States of California, Oregon, and Nevada, and Washington Territory (now State); 
and section 4 thereof prohibits citizens of the United States and bona fid;e residents 



PUBLIC LANDS. 83 

in either of the States or the Territory named, from cutting or removing timber from 
any of the public lands therein " with intent to export or dispose of the same." 

Section 2461, United States Revised Statutes, the only law applicable to the States 
and Territories not named in either of the acts referred to, prohibits the citizens 
thereof from procuring timber from any public lands, with intent to export, dispose 
of, use, or employ the same in any manner whatsoever other than for the use of the 
Navy of the United States. 

The great injustice and hardship imposed by this law can not be too forcibly urged 
upon the attention of Congress. 

At the lirst glance section 2461 appears to apply, or to have been iutended to apply 
only to Navy reserved lands; but a careful reading will show that it applies to all 
public lands, and that its provisions are the most stringent and restrictive that could 
possibly have been enacted. 

After prohibiting the cutting of timber on reserved lands it provides as follows: 
" or if any person shall cut, or cause or procure to be cut, or aid or assist or be em- 
ployed in cutting any live-oak or red cedar trees, or other timber on, or shall remove, 
or cause or procure to be removed, or aid or assist, or be employed in removing any 
live-oak or red cedar trees or other timber, from any other lands of the United States, 
acquired, or hereafter to be acquired with intent to export, dispose of, use, or employ 
the same in any manner whatsoever, other than for the use of the Navy of the United 
States," he shall be fined and imprisoned. 

The italicising is my own for the purpose of calling your special attention to the 
application and stringency of the law. 

In nearly every public-land State and Territory, poor, hard-working laboring men, 
who have been compelled to cut timber to procure the means of a bare subsistence 
for themselves and families, have been arrested, convicted, fined, and imprisoned for 
cutting and removing timber from vacant, unappropriated, and unreserved non- 
mineral public laud iu violation of section 2461, U. S. Revised Statutes. 

It is true that in some localities the sympathies of the people are so strong and in 
other localities the timber is an article of such public necessity, that it is impossible 
to couvict a man for violation of said section, even if caught in the very act and the 
proof is overwhelming; so that to some minds the retention of that law upon our 
statutes is deemed quite immaterial. But in other sections of our country I am sat- 
isfied that men have been convicted upon information filed under this same law in a 
spirit of revenge or in spite ; and in other sections that it has been used as a political 
factor, and citizens have been convicted thereunder for the sole purpose of disfran- 
chising them. 

The effect of the proposed law if enacted 'and approved, in conjunction with the 
laws now on our statute-books, would be as follows : 

Citizens of Colorado, North Dakota, South Dakota, Montana, Nevada, New Mexico, 
Arizona, Utah, Wyoming, and Idaho would have the privilege of procuring timber 
from public lands for personal domestic use without cost, and for manufacture and 
sale upon payment of a license fee and rate per acre of the ground cut upon. 

Citizens of California, Oregon, and Washington, who are miners or agriculturists, 
would have the privilege of procuring timber from public lands to improve their 
claims or support their improvements, but would be prohibited from selling or dis- 
posing of same. Citizens who are not miners or agriculturists would have no author- 
ity to procure timber from public lands for any purpose. 

Citizens of Alabama, Florida, Kansas, Nebraska, Minnesota, Wisconsin, and the other 
public-laud States not hereinbefore named, would have no right or privilege to pro- 
cure timber from the public lands for any purpose whatever, either for personal use or 
for sale. 

If it is proposed to legislate for the exclusive benefit of the mining interests and 
mineral districts of the United States, the States of California, Oregon, and Washing- 
ton should be named in the bill in addition to those now named therein, as large por- 
tions of those States also contain valuable and remunerative minea, 



84 REPORT OF THE SECRETARY OF THE INTERIOR. 

I am, however, unable to see any good reason why a citizen of the United States 
who is engaged in the remunerative business of extracting the ores from the earth 
should be accorded any greater privilege than is granted to a citizen who is engaged 
in the unremunerative business of extracting other properties therefrom in the rais- 
ing of grain and other life-giving products. There can be no good reason why the 
mining industry of our country, in which thousands of men have acquired fortunes, 
should be fostered and encouraged by the Government to auy greater extent than the 
farming industry, in which the citizens engaged, with but few exceptions, acquire 
only a precarious livelihood. To the contrary, it seems to me the interests of the 
farmer are paramount, and should receive first consideration. 

Section 1 of the bill under consideration, which authorizes the indiscriminate fell- 
ing and removing of timber from strictly mineral lands, is, in my opinion, prejudicial 
to the public good. Mineral principally exists.in the mountainous regions, the head, 
waters of the streams and rivers which irrigate the valleys below. To insure the 
gradual melting of the snow and ice which accumulate in the mountains in the win- 
ter months, and secure the valleys from the inundations which must result from the 
sudden melting of the snow and ice, nature has provided the trees and undergrowth 
of the steep mountain-sides as a protection against the fierce sun's rays. The inun- 
dations and floods which year after year devastate portions of our country are the 
inevitable result of the destruction of this natural protection. The bill under con- 
sideration appears to 'be intended for a re-enactment and enlargement of the provis- 
ions of the act of June 3, 1878 (20 Stat., 88), which authorizes the indiscriminate de- 
struction of limber upon mineral or mountainous lands, which the welfare and best 
nterests of the whole country demand should be protected ; and section 2461, U.S. 
Revised Statutes, rigidly protects the timber growing upon non-mineral or agricult- 
ural lands, whore such protection is not so necessary. The timber growing in such 
localities is not required to graduate the melting of the snow and ice, and it has to 
be removed anyway before the ground can be prepared for the cultivation of crops. 

The payment of a license-fee and stumpage at a certain rate per acre for the priv- 
ilege of felling and removing The timber from the public lands, as provided for in 
the proposed bill, should not, in my opinion, be required of any citizen of the United 
States. 

The Government is not a corporation nor individual owning the public lands. It 
merely holds them in trust ; and, like the trustees of an estate, it should permit such 
use of the proceeds tin >reof by the persons in whose interest it is acting as will enable 
them to subsist and maintain themselves. 

Timber and its products are an absolute public necessity. In many sections of our 
country the timber upon the public lands is the only available source of supply, and 
to prohibit its legitimate and judicious use in such sections for buildings, manufact- 
uring purposes, or for developing the natural resources of the country is to deprive 
our citizens of the use of their heritage and retard settlement. 

We have laws upon our statute-books for the encouragement of settlement upon 
the public lands by citizens who desire to acquire homes; yet we also have a law upon 
our statute-books (Section "2461, U- S. Rev. Stat.) which prohibits them, if rigidly and 
strictly enforced, from making n se of the one great necessity in perfecting such homes. 

My principal objections to the bill under consideration are: It does not go far 
enough; it proposes legislation as to public timber for only a small portion ot our 
country, whereas it is demanded for our whole country; it authorizes the cutting of 
timber from lands which the public good requires should be protected ; and it requires 
payment for an article of public necessity. I am heartily in favor of the enactment 
of a general law relative to the public timber which will absolutely prohibit it or its 
products from exportation from our shores ; which will protect and preserve the trees 
and undergrowth in localities where it is necessary to insure a proper and equable 
water-supply and prevent or check the inundations and floods which so frequently 
devastate portions of our country, and at the same time permit the free, legitimate, 



PUBLIC LANDS. 85 

and judicious use of public timber in other localities for all purposes required in 
building up and settling our common country and developing its natural resources. 

It is useless to enact laws to prohibit the use of an article of absolute necessity, 
upon a judicious use of which the growth and prosperity of our country largely de- 
l-mil. If the exportation of timber, and the destruction of trees and undergrowth 
upon the mountain slopes can be prevented, and other public timber left free and 
open to all subject to proper restriction, there will, in my opinion, be far less destruc- 
tion and waste than is now going on through unlawful appropriation and forest fires. 
Competition will reduce the price of lumber and thus benefit our whole people, and 
no more timber will be cut than is required, as there will be no market or demand 
for it. 

The laws now in force are discriminating and unjust. Under them the owner of a 
mine in Arizona, from which he may be receiving an income of $100 a day, can pro- 
cure all of the timber necessary in developing and operating said mine from the pub- 
lic mineral lands without cost except for the felling and removing, while the owner 
of a farm in Minnesota, upon whose labors we are depending for our daily bread, can 
not procure a stick of timber from any public land " with intent to use or employ 
the same in any manner whatsoever" — not even to build a fire with which to keep 
the warmth of life in his body if he be freezing— without violating the law. 

The necessity for a general law to remedy this evil can not be too strongly urged 
upon Congress. 

I respectfully suggest that it should contain provisions against — 

The exportation of public timber or its products from the United States ; 

The felling or removing of any timber from any reserved lauds of the United States 
and from mountainous regions and other woodlands at or in the vicinity of the head- 
waters or sources of prominent streams and rivers, which for climatic, economic, or 
public reasons should be held permanently as forest reserves, exception being made 
iu favor of individual settlers or locators of mines in such localities for personal ne- 
cessities and for use in developing the natural resources, and then only upon written 
authority of the Secretary of the Interior. 

Bona fide settlers upon the public lauds, surveyed or unsurveyed, who are complying 
with the laws and" the rules and regulations of this office relative thereto, should be 
fully protected in their rights and from any cutting or removing of timber from their 
claims by others without their consent. 

Locators or miners, settlers upon the public lands, and all other citizens of the 
United States, bona fide residents of either of the States or Territories, should be au- 
thorized to fell and remove from any vacant, unoccupied, and unreserved public 
lands, mineral or non-mineral, surveyed or unsurveyed, so much timber as may be 
actually required for their individual use or necessities, but not for sale or disposal: 
Provided, That no growing trees less than 8 inches in diameter shall he felled or re- 
moved ; that all of each tree cut that can be made use of shall he utilized, and that 
the tops and lops shall be piled up or disposed of so as to prevent the spread of forest 
fires. 

Provision should he made for a legitimate procuring of timher from the public 
lands by mill-men and lumber manufacturers, for sale, to the extent necessary to 
supply the 'community in the location in which they operate, with the lumber and 
other timber products needed in the settlement thereof, to encourage its growth and 
prosperity, and to develop its natural resources. This can probably best he provided 
for by prohibiting the felling and removing of timber from the public lands for sale 
or for purposes of manufacturing into timber products for sale or disposal, except in 
accordance with rules and regulations prescribed hy the local legislatures of the 
several States and Territories not in conflict with the laws of the United States. 

Legislation of a similar character (Sees. 2319, 2324, and 2338, U. S. R. S.) has been 
enacted relative to mineral lands, and I can see no good reason why the same princi- 
ple can not be applied to timber lands. The inhabitants in each of the several States 
and Territories certainly have the highest interest in the prosperity thereof, and their 



86 REPORT OP THE SECRETARY OF THE INTERIOR. 

own welfare would require that they should confine the felling and removing of tim- 
ber within judicious bounds. I suggest this matter to your consideration for the 
reason that the resources and requirements of the widely separated sections of our 
country are so varied that it would be extremely difficult to enact a general law 
relative to the procurement of public timber for purposes of sale which would apply 
with equal force and justice to each State and Territory. 

FOREST FIRES. 

Probably the most serious cause of the destruction of the public timber 
is fire. Especially is this the case in the mountainous country in the 
arid regions of the far West, and in some of the other portions of the 
west, where conflagrations yearly sweep through vast areas, destroying 
some of the finest forests in the world. 

Since in nearly every instance these tires arise from carelessness, if not 
willful neglect to take the most ordinary precautions to prevent them, 
legislation looking to their prevention is urgently needed and such leg- 
islation has been recommended to Congress. 

FRAUDULENT TIMBER AND STONE LAND ENTRIES. 

I have recommended, as will be observed above, that the policy of 
selling the lands chiefly valuable for timber and stone be abandoned. 
The act of June 3, 1878, providing for the sale of such lands in Cali- 
fornia, Oregon, Nevada, and Washington should be repealed. I have 
found, as have my predecessors, that while it provides for entries of no 
more than 160 acres in all, for the sole use and benefit of the entryman 
or association of persons, it has been made the vehicle of speculative 
and fraudulent appropriation from the beginning, through perjury and 
subornation of perjury, in the interest of domestic and foreign syndi- 
cates and speculators, and has caused the destruction of the forests 
where most needed to husband the water supply and prevent floods. 

I will not enlarge on this matter here, having indicated above the 
general policy which, in my opinion, should prevail. 

Eespectfully submitted. 

Lewis A. Groff, 

Commissioner. 

Hon. John W. Noble, 

Secretary of the Interior. 



DETAILED STATEMENT 



OF THE 



BUSINESS OF THE GENERAL LAND OFFICE 

BY DIVISIONS AND IN SURVEYING DISTRICTS 



FOR THE 



FISCAL YEAR ENDING JUNE 30, 1890. 



87 



D E T A I L E L> STAT E M E N T. 



A detailed statement of the work performed in the General Land 
Office and surveying- districts during the year is given under the follow- 
ing- heads : 

1. B. Recorder's division. 

2. O. Public lands division. 

3. D. Private Inn 1 claims division. 

4. E. Surveying divi ion. 

5. F. Railroad division. 

6. {>. Pre emption division. 

7. H. Contest division. 

8. K. Swamp-land division. 
*.). L. Draughting division. 

10. M. Accounts division. 

11. N. Mineral division. 

12. P. Special service division. 

13. Report of surveyor-general of Arizona. 

14. Report of surveyor-general of California. 

15. Report of surveyor-general of Colorado. 

16. Report of surveyor general of Dakota. 

17. Report of surveyor-general of Florida. 

18. Report of surveyor general of Idaho. 

19. Report of surveyor general of Louisiana. 

20. Report of surveyor-general of Minnesota. 

21. Report of surveyor-general of Montana. 

22. Report of surveyor-general of Nevada. 

23. Report of surveyor geueral of New Mexico. 

24. Report of surveyor-general of Oregon. 

25. Report of surveyor-general of Utah. 

26. Report of surveyor-general of Washington. 

27. Report of surveyor-general of Wyoming. 

HO 



B.— RECORDER. 

Work performed in division B during the fiscal year ending June 30, 1890. 

Letters pending July 1, 1889 115 

Letters received 21, 242 

Letters answered 11, ().">:> 

Letters requiring no answer 9, 021 

Letters referred 1, 099 

Letters pending June 30, 1890 182 

Letters written 18, 152 

Pages of record covered by letters written 6, 271 

Circulars sent out 4, 151 

Copies furnished from patent records 3, 859 

Attorneys' cards received and answered 10, 14 1 

Agricultural Patents. 

Cases for patents pending July 1, 1889 4,551 

Cases received 118,936 

Cases patented as follows : 

Cash patents 77, 346 

Homestead patents 36, 928 

Timber culture patents 2,266 

Military patents 396 

Surveyor-general's scrip patents 115 

Supreme Court scrip patents 87 

Agricultural-college scrip patents 20 

Sioux half-breed scrip patents 13 

Valentine scrip patents _.. 6 

Miscellaneous scrip patents 70 

Total 117,247 

Cases approved and awaiting patent June 30, 1890 6, 240 

Patents transmitted 111,860 

REVOLUTIONARY BOUNTY LAND SCRIP. 

[Acts of August 31, 1852, and June 22, 1860, founded on Virginia military land war- 
rants granted for services in the war of the Revolution. ] 

Four claims of this description for 1,488|- acres have been satisfied by 
the issue of scrip. The number of such claims now pending is 313, 
aggregating 102,404 jL- acres. 

The commutation into scrip of these Virginia military land warrants 
is necessarily of slow progress, occasioned both by the lapse of time 
since the same were allowed and issued and by the subsequent changes 
of title by death or other causes, as well as the requisite care and cau- 
tion necessary to be exercised in their examination and the reports on 
the same. 

These warrants were mainly issued to citizens of Virginia and other 
Southern States, many of whom either lost their lives during the rebel- 
lion of 1861->65, or were dispersed and scattered by the results of the 
war, so as to render it a matter of very great difficulty for present claim- 
ants to establish satisfactorily the " present proprietorship." 

91 



92 



REPORT OF THE SECRETARY OF THE INTERIOR. 



There are no perfected cases pending, bat quite a number awaiting 
the removal of small defects at present existing therein, whereupon the 
same will be reported for final adjudication. 

WAR OF 1812 WARRANTS. 



[Act of July 27, 1842.] 

One hundred and sixteen warrants of this class were issued for 19,040 
acres which appear to be still outstanding. 

PORTERFIELD WARRANTS. 
[Act of April 11, I860. J 

Two warrants of 40 acres each have been patented during the past 
year. The original number of warrants issued under this act, and aggre- 
gating 6,133 acres, was subdivided into one hundred and fifty-three 
warrants. 

There appears to be still outstanding and unsatisfied thirty-six war- 
rants of this class, each calling for 40 acres. 

Condition of bounty -land business under acts of 1847, 1850, 1852, and 1855, showing the 
issues and locations from the commencement of operations under said acts to June 30, 1890. 



Grade of warrants. 


Number 
issued. 


Acres em- 
braced 
thereby. 


Number 
located. 


Acres em- 
braced 
thereby. 


Number 

out- 
standing. 


Acres em- 
braced 
thereby. 


Act of 1847: 


80, 680 

7,583 


12, 908, 800 
303, 320 


79, 105 

7, 082 


12.' 656, 800 

283. 280 


1, 575 
501 


252, 000 




20, 040 






Total 


88, 263 


13, 212, 120 


86, 187 


12, 940, 080 


2,076' 


272, 040 






Act of 1850: 


27, 443 
57,714 
103, 976 


4, 390, 880 
4, 617, 120 
4, 159, 040 


26, 868 
56, 349 
100, 769 


4, 298, 880 
4, 507, 920 
4, 030, 760 


575 
1,365 
3, 207 


92, 000 




109, 200 


40 acres 


128, 280 






Total 


189, 133 


13,167,040 


183, 986 


12, 837, 560 


5, 147 


329, 480 






Act of 1852 : 


1,222 

1,699 
9,070 


195, 520 

135, 920 
362, 800 


1,194 
1,666 

8,884 


191, 040 
133, 280 
355, 360 


28 
33 
186 


4,480 


80 acres 


2,640 




7,440 






Total 


11,991 


694, 240 


11,744 


679, 680 


247 


14, 560 




Act of 1855: 


115, 192 

97, 031 

6 

49, 463 

359 

541 

5 


18, 430, 720 

11,643,720 

600 

3, 957, 040 

21, 540 

21, 640 

50 


109, 957 

90, 870 

5 

48, 181 

315 

466 

3 


17, 593, 120 

10,904,400 

500 

3,854,4^0 

18,900 

18, 640 

30 


5,235 

6,161 

1 

1,282 

44 

75 

2 


837, 600 




739, 320 


100 acres 


100 




102, 560 




2,610 




3,000 
20 








Total 


262, 597 


34, 075, 310 


249, 797 


32, 390. 070 


12,800 


1, 685, 240 





SUMMARY. 



Grade of warrants. 


No. 

issued. 


Acres. 


No. 
located. 


Acres. 


Outstand- 
ing. 


Acres. 


Act 1847 


88, 263 
189, 133 

11,991 
262, 597 


13,212,120 

13,167,040 

694, 240 

34, 075, 310 


86, 187 
183, 986 

11,744 
249, 797 


12, 940, 080 

12, 837, 560 

679, 780 

32, 390, 070 


2,076 

5,147 

247 

12, 800 


272, 040 


Act 1850 


329, 480 


Act 1852 


14. 560 


Act 1855 


1, 685, 240 






Total 


551, 984 


61, 148, 710 


531, 714 


58, 847, 490 


20, 270 


2, 301, 320 







PUBLIC LANDS. 



93 



The following* is a statement of the number of acres represented by 
military bounty Land-warrants Located in the several land States and 
Territories for the year ending June 30, 1890, or not heretofore re- 
ported, which warrants were issued under the acts of 1847, 1850, 1852, 
and 1855. The aggregate number of acres is computed at the rate of 
$1.25 per acre. It does not show the exact area of the lands located 
with the warrants : 



Stat.'.s and Territories. 


Acres. 


States and Territories. 


Acns. 




40 

80 

6,480 

1, 320 
160 

80 
920 
44(1 

2, 520 
120 




400 






160 




Nebraska 


4,000 
520 






North Dakota. . 


680 






1,440 

4,080 
COO 












Total 






24, 040 







SUMMARY. 



Denomination of warrants. 


40 acns. 


8ft acres. 


120 acres. 


160 acres. 


Total. 


Act of 1847 








8 
1 


1,280 
1, 160 


\c: of 1850 ... 


13 

1 


6 

1 
13 




Act of 18.12 




120 


Act of 1855. . 


25 


109 


21,480 








Total 








24, 040 













O— PUBLIC LANDS DIVISION. 

In this division are posted, in tract-books specially prepared for that 
purpose, all the entries, filings, selections, grants, reservations and resto- 
rations of public lands, as well as the cancellation of any entries by relin- 
quishment or by the action of this office, It also devolves upon this divis- 
ion to examine the greater portion of the entries made, with regard to the 
regularity and sufficiency of the papers; as to whether the land is subject 
to entry, and where proof is required, as to the sufficiency of the proof; 
to approve for patent the final entries found satisfactory, and conduct 
the correspondence with the local officers looking to the perfection of 
entries found defective in the proof submitted, in some of the papers, or 
in the qualifications of the entryman; to transcribe into tract-books for 
any new land-office districts which may be established, all the entries, 
filings, etc., upon lands included in such districts; to correspond with 
individuals relative to their claims to public lands, or in regard to the 
land laws, rules, and regulations. 

In addition, there is a great deal of miscellaneous business, such as 
the work necessary for disposing of abandoned military reservations 
under the act of July 5, 1884 (23 Stats., 103), and other acts, the adjudi- 
cation of soldiers' additional entries uuder section 2306, Revised Stat- 
utes, and reports to the Secretary of the Interior in regard to Congres- 
sional action affecting public lands. 

The following statement shows the number of entries for which re- 
turns were received in this division during the fiscal year ending June 
30, 1890 : 

Entries, locations, selections, and filings, by classes, received for record during the year 

ending June 30, 1890. 

ENTRIES AND SELECTIONS. 



Class of entry. 



FINAL ENTRIES. 



Final homesteads 

Coal cash 

Commuted cash 

Soldiers 1 additional homesteads. 

Timber-culture 

Desert-land 

Indian homesteads 

Timber and stone 

Warrant and scrip locations 

Private cash 

Graduation cash 

June 15, 1880 

Indian cash 

Pre-emption cash 

Townsites 

Mineral entries 

Miscellaneous 



Total 



94 



Number of 


Number of 




acres, ap- 




proximate. 


33, 475 


4,017,000 


287 


45,760 


9,826 


1, 179, 120 


386 


30, 880 


2,689 


430, '240 


1,669 


534, 080 


64 


10, 240 


4,056 


648, 960 


344 


55, 040 


1,041 


166, 560 


141 


22,560 


1,909 


305, 440 


18,426 


2,211,120 


2 


320 


742 


14,840 


5,196 


623, 520 


80, 253 


10, 295, 680 



PUBLIC LANDS. 



95 



Entries, locations, selections, and filings, by classes, etc. — Continued. 

ENTRIES AND SELECTIONS— Continued 



Class oi fiifr\ 



ORIGINAL ENTRIES. 

Homesteads 

Di serl land 

Timber-culture 

Total 

RECAPITULATION BY TOTALS. 

Final entries. 

Original entries 

Aggregate 



Number of 
eu tries. 



53, 236 

4, 1117 

17. 723 



75, L56 



80, 253 
75, 156 



155, 409 



Number of 
proximate. 



6, 388, 320 



10, 567, 040 



10, 295, 680 
10, 567, 040 



20, 862, 720 



In addition to the above, filings of different kinds have been received 
to the number of 45,418 with an aggregate area of 5,450,160 acres. 

The following table shows the number of entries pending, by classes, 
at the close of the fiscal year ending June 30, 1890: 



FINAL ENTRIES. 

Homesteads 29,010 

Coal cash 124 

Commuted cash. 8,609 

Soldiers' additional homesteads 760 

Timber culture 2, 857 

Desert land 800 

Indian homestead.- ' 87 

Timber and stone 4, 039 

Warrant and scrip locations 548 

Private cash 2, 052 

Graduation cash 6, 096 

J une 15, 18-^0 352 

Indian cash 845 

Pre-emption cash 6, 860 

Mineral entries - 222 

Miscellaneous 923 

Total 64,18 

ORIGINAL ENTRIES. 

Homesteads 205,989 

Desert land 7,341 

Timber culture 123, 037 

Total 336,351 

Work performed in the division during the fiscal year ending June 30, 1890. 

Letters pending June 30, 18^9 r 4, 107 

Letters received during the year 41), 014 

Total 53,121 

Letters disposed of: 

By answer 15, 943 

By filing (no answer required) 23,770 

By reference to other divisions 9, 593 

Total disposed of 49,306 

Balance pending June 30, 1890 3,815 



9G 'REPORT OF THE SECRETARY OF THE INTERIOR. 

Letters and decisions written 33, 836 

Secretary's decisions promulgated 286 

Certified copies made 108 

Fees for the same $272.37 

Pages of type writing 2, 3f>4 

Cancellations and relinquishments noted 33, 298 

Entries and filings posted 221, 950 

Final entries examined and approved 59, 733 

Final entries examined and suspended 14,205 

Of which there have been amended and approved 6,071 

Pages of copying 5, 720 

Pages of recording 1, 843 

Repayments noted 376 

At the close of the fiscal year ending June 30, 1889, there were pend- 
ing in this division 92,973 unexamined final entries, 4,107 letters, and 
59,524 filings and entries which had not been posted in the tract-books. 
At the close of the fiscal year ending June 30, 1890, there were pending 
64,184 unexamined final entries, 3,815 letters, and 40,791 filings and 
entries not posted, thus showing a decrease of the work during the fis- 
cal year of 28,789 final entries, 292 letters, and 18,733 in the unposted 
filings and entries. It will also be observed that the receipts largely 
exceeded those of the fiscal year ending June 30, 1889. 

Vacant lands in the public land States and Territories. 

By circular of July 10, 1890, the district officers were directed to re- 
port approximately the quantities of lands in the several counties and 
parishes in their districts not embraced in Indian or military reserva- 
tions remaining unappropriated b,\ filing or entry. The records of this 
office are not kept by counties; but inasmuch as many inquiries have 
been received as to the quantity of unappropriated lands remaining in 
particular counties, par.shes, or localities, it was concluded to make a 
statement for this report by counties so far as reports from the district 
officers in such shape could be obtained, and to make the statement 
by land districts in other cases. 

It has not been practicable for many reasous, such as the magnitude 
of the work involved, the manner of creating the boundaries of coun- 
ties and the frequent changes therein, and also the fact that a large 
part of the unsurveyed public domain lies within the limits of grants 
to railroads, to more than obtain approximate estimates of the lands 
not covered by entries or filings; but the statement will serve the pur- 
pose for which it is made, to wit, to inform co-respondents and the 
general public as to whether there is much, little, or any public land 
in the several public-land States and Territories and the land districts 
therein, and, in most instances, in particular counties or localities. 

The statement, it is believed, shows an aggregate of vacant lands 
somewhat in excess of the exact quantity now subject to settlement or 
entry, for reasons which will appear by reference to certain of the foot- 
notes, but it is highly probable that this excess will be offset fully by 
restoration to the public domain through declarations by Congress of 
forfeitures of railroad grants, the opening of lands in the Indian Terri- 
tory to entry, and abandonment and cancellation of the claims of set- 
tlers. 

It must be borne in mind that quite a considerable portion of the 
vacant land is embraced in the heavily timbered regions of the Southern 
States, the lake region, and the Pacific coast, and the mountainous and 
arid regions of the far west, and that the portion of land cultivable 
without clearing or irrigation is comparatively small. It is a reason- 



PUBLIC LANDS. 



97 



able conclusion, however, that vast bodies of arid lands will iu time be 
reclaimed by irrigation as the result of the eft'orts of the government 
to construct storage basins and ditches lor the purpose, seconded, as 
undoubtedly they will be, by private enterprise, and that, as a conse- 
quence, the rain areas of the West will be considerably enlarged. 

In naming the land districts in the following statement, the names of 
the present offices are adopted as the names of the districts, for the 
reason that districts are thus named and kno^n by the settlers, and be- 
cause it would be inconvenient to give the statutory names of the difter- 
ent districts created by Congress in addition to the names of the offices. 

Statement by States. Territories, and land districts, and also by counties where practicable, 
of lands not granted or reserved and subject to settlement or entry. 

ALABAMA. 



Land district. 


County. 


Surveyed 
land. 


TTnsurveyed 
land. 


Total area. 






Acres. 

6,520 

a 12, 280 

5,800 

6,460 

2,520 

4,480 

b 1, 800 

57, 000 

4,520 

5,040 

45, 120 

c 44, 040 

68, 360 

6,560 

10,260 

5,080 

d 1,700 

e 7, 920 

111, 180 


Acres. 


Acres. 






















De Kalb 


































































Morgan 






St. Clair 




















406, 640 
f 12, 520 
















Total 


i/419, 160 






880 

3,720 

880 

80 

480 

90, 480 

2,200 

2.080 

37, 320 

5,640 

19, 880 

51, 920 

13, 480 

4,000 

40 

22, 840 

7,200 

/i2, 040 

5,120 

4,040 

280 

30, 120 

h 21, 320 

24, 840 






Bibb 






Butler 






Bullock 




































Coffee 






Clark 


















Chilton 






























Clay 






Dale 
























Geneva 





a Total in Huntsville and Montgomery districts, 14,320 acres. 
6 Total in Huntsville and Montgomery districts, 23,120 acres. 
c Total in Huntsville and Montgomery districts, 44, 560 acres. 
d Total in Hnntevills and Montgomery districts, 4,980 acres. 
e Total in Huntsville aud Montgomery districts, 20,680 acres. 

/ These lands are sold for cash at private entry for the benefit of the Cherokee school fund- 
g This total does not include land containing coal and iron contemplated to be offered at public 
by the act of March 3, 1883. 
h See Huntsville district. 

INT 90— -VOL I 7 



98 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
ALABAMA— Continued. 



Land district. 


County. 


Surveyed Unsurveyed 
land. land. 


Total area. 




• 


Acres. 

400 

760 

6,480 

10, 920 

80 

a 520 

23, 280 

80 

89, 040 

2,760 

5, 600 

1,280 

920 

1,040 

4,840 

760 

a 3, 280 

3,960 

12, 160 

1,040 

63, 280 

88, 160 

al2, 760 

1,620 


Acres. 


Acres. 




Hale 


















Lee. 












Macon 


















Piko 
























Suruter 

St. Clair 

Shelby 






























Walker 






Wilcox 












Total 




685 900 














1, 105, 060 











ARIZONA. 







3, 800, 000 

100, 000 

22, 980 

2, 280, 000 


b 1, 133, 120 

50, 000 

e6,151,600 

f!5. 09'> 000 


c4, 933, 120 
d 150 000 




Gfla 






6, 174, 580 
17, 372, 000 












Total 


(76,202,980 


22, 426, 720 


28, 629, 700 








13, 440 
1, 374, 240 

50, 780 
758, 870 
792, 400 
1, 300. 000 
862, 494 
628, 422 


27, 760 

2, 524, 320 

410,020 

2, 230, 862 

3, 690, 900 

*"2,' 220. 466 

4, 184, Sl78 


ft 41 200 






3, 898, 560 
h 460, 800 
2, 989, 732 




Gila .. 










'£4,483,300 
1, 300, 000 
3, 082, 960 








Pinal 






4, 812, 800 








Total 


5, 780, 646 


15, 288, 706 


21, 069, 352 








11, 983, 626 


37,715,426 


49, 699, 052 







a See Huntsville district. 

& Subject to entry, and the railroad grant. 

c Total in Apache county in Prescott and Tucson districts. 4,974,320 acres. 

d Total in Gila county in Prescott and Tucson districts, 610,800 acres. 

e'ihe unsurveyed lands in Mohave county arc either subject to settlement or to the railroad grant 
less the Hualpai Indian reserve, area of which is unknown. 

/The unsurveyed lands in Yavapai county are subject either to settlement or the railroad grant. 

g The district officers state that 466,880 acres are embraced in entries, hut whether this quantity 
should bo deducted from the aggregate of surveyed lands reported does not appear. 

A See Prescott district. 

t A email portion of Maricopa county is in Prescott district. Of this portion very little has been sur- 
veyed and the Prescott officers make no mention of it in their report. 



PUBLIC LANDS. 



99 



Statement by States, Territories, and land districts, etc. — Continued. 
ARKANSAS. 



Land district. 


County. 


Surveyed 

liuui. 


Uusurveyed 

land. 


Total area. 






Acres. 

a 28, 520 

38, 440 

24, 980 

9, 520 

40, 300 

b5,200 

c 3, 880 

d 102, 320 

109, 800 

e 39, 200 

4,240 

12, 560 

17, 360 

5,060 

210, 860 

2,640 

10,400 

120, 800 

/339, 360 

63, 360 

46,910 


Acres. 


Acres. 










Clark 










































HotSprinss 






Lafayette 


















Nevada 






Pike 






Polk 






















Total 




1, 23f,, 710 




Conway (west, part) .. 


# 15, 000 

50, 000 

7U3, 000 

d 75, 000 

115, 000 

62, 000 

i 140, 000 

j 35, 000 

165, 000 

A; 61, 000 

185, 000 

315, 000 

31, 000 
















Garland (north part) . . 


















Polk (northwest part) . 






Saline (northwest part) 
Yell 






















Total 




1, 292, 000 




Baxter 


118, 049 

47, 920 

69, 430 

80, 480 

I 1, 500 

m 120, 460 

n 7, 760 

o 44, 100 

99, 040 

124, 540 

259, 020 

282, 360 

149, 380 

p 34, 960 

24, 480 


































Independence 






Madison 
























VanBuren 










Total 




1,458,478 






1,760 

J3.520 

40 

4,600 

i:!9,640 
j 6, 880 




















Clav 












Cleveland 





a Total in Camden and Dardanelle districts, 31,770 acres. 
6 Total in Camden and Little Rock districts, 12,080 acres, 
c Total in Camden and Little Rock districts, 6,120 acres. 
d Total in Camden, Dardanelle. and Little Rock districts, 182,280 acreb- 
e Total in Camden and Little Rock districts, 45,680 acres. 
/Total in Camden and Dardanelle districts, 374,300 acres. 
g Total in Dardanelle aud Little Rock districts, 26,400 acres. 
h Total in Dardanelle and Harrison districts, 44,500 acres. 
i Total in Dardanelle and Little Ruck districts, 160,680 acres. 
j See Camden district. 

k. Total in Dardanelhyand Little Rock districts, 119,920 acres. 
\l See Dardanelle district. 

m Total in Harrison and Little Rock districts, 190.660 aeres. 
n Total in Harrison and Little Rock districts, 48,806 acres. 
o Total in Harrison and Little Rock districts, 54,340 acres. 
p Total in Harrison and Little Rock districts, 295,240 acres. 



100 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
ARKANSAS— Continued. 



Land district. 


County. 


Surveyed 

land. 


Unsurveyed 
laud. 


Total area. 






Acres. 

all, 400 

600 

1,600 

8,880 

1,160 

&2.240 

10, 200 

b 70, 200 

c4, 960 

6,120 

4,720 

6'6, 480 

d 4 1,040 

dlO, 240 

840 

2,000 

9, 720 

160 

10, 220 

200 

4,760 

240 

a 20, 680 

40 

5,360 

280 

21, 360 

61, 600 

a 58, 920 

112, 480 

480 

<Z260, 280 

10, 240 


Acres. 


Acres. 








































Fulton 


































































Lincoln 
























Phillips 
























Randolph 












Sharp 


















White 










Total 




916, 140 














4, 902, 329 











CALIFORNIA. 







4, 584, 960 


115,200 


4, 700, 160 








21,760 

561, 920 

2,179,200 

1, 256, 320 

65, 280 

1, 888, 000 

2, 149, 120 

482, 560 

80, 640 




/ 21, 760 

g 861, 440 

5, 505, 920 

h 1, 500, 800 

i 70, 800 






299, 520 

3, 326, 720 

244, 480 

11,520 

750, 720 

1, 813, 760 

)«9, 600 

92, 160 




Inyo 










2, 638, 720 

?'3, 962, 880 

A; 572, 160 




San Pernardhio 

Tulare 






1 172, 800 








Total 


8, 684, 800 


6, 628, 480 


15, 313, 280 








119, 120 

550,417 

3,799 

2, 484, 708 

3, 801, 813 


47, 339 
246, 734 

25, 400 
2,243,371 
3, 102, 493 


m 166, 459 




Los Angeles 

Orange 

San Bernardino 

San Diego 


797, 151 

29, 1<H> 

m4, 728, 079 

6, 904, 306 



a See Dardanelle district. 
h See Camden district. 
c See Camden and Dardanelle districts. 
rfSee Harrison district. 

e The officers. report that county lines have been changed since publication of the latest maps, and 
that it is impracticable to make the statement by counties. 

/Total in Independence and Sacramento districts, 671,380 acres. 

tj Total in Independence, San Francisco, Stockton, and Visalia districts, 1,929,460 acres. 
// Total in Independence, Los Angeles, San Francisco, and Visaria districts, 2,284,755 acres. 
i Total in Independence and Stockton districts, 575.497 acres. 
j Total in Independence and Los Angeles districts. 8.690,959 acres. 
k Total in Independence and Visalia districts, 1,116,160 acres. 
I Total in independence. Sacramento, and Stockton districts, 867,216. 
m See Independence district. 



PUBLIC LANDS. 



101 



Statement by States, Territories, and land districts, etc. — Continued. 
C ALIFORN I A— Continued. 



Laud district. 


County. 


Surveyed 
land. 


Unsurveyed 
land. 


Total area. 




Santa Barbara 


Meres. 
45, 630 
.166,890 


Acre?. 
!»•_', 397 
78,590 


Acres, 
a 138, 027 




b 245, 480 






Total 


7, 172. 377 


5, 836, 324 


13,008,701 




Butte 




212, 818 

143, 158 

7,014 

261, 967 

3,000 

29, 095 

76,448 

75,883 

€0, 150 


33, 425 
1,683 


246, 243 






c 144, 841 






d7,014 

e 332, 439 

3,000 

/ 40, 296 

g 77, 253 

83, 193 

93, 910 






70, 472 










11, 200 

805 

7,310 

33, 760 








Yolo 

Yuba 






Total 


869, 533 


158, 655 


1, 028, 188 








944, 393 
972, 733 

461,876 
272, 383 


118,614 

275, 936 

16, 965 

51, 611 


1, 063, 007 
1, 248, 669 
h 478, 841 














323, 994 








Total 


2, 651, 385 


463, 126 


3,114,511 








498, 820 
221, 500 
248, 500 
616, 860 
185, 000 
359, 100 
193, 840 
183, 500 
265, 000 


150, 800 
5,000 
4,900 

35, 200 
4,100 

57, 900 


i 649, 620 






226, 500 
j 2.03, 400 

652, 060 
A 189, 100 


















417,000 
i 193, 840 
h 187, 500 
i282, 200 










4,000 
17, 200 












Total c 


2, 772, 120 


279, 100 


3, 051, 220 








8,200 

155, 200 

195, 000 

61, 500 

406, 600 

787, 130 

38, 240 

1, 021, 840 

23, 500 

290, 700 

10, 760 

384, 080 

2,400 

443,731 

84,880 

2, 200 

2,218 

49,500 

33, 800 

215, 224 




8,200 
h 163, 700 






8,500 

2, 662 

35, 996 

111,590 

203, 980 






i 197, 662 






i97,496 
518,190 








Mendocino 


991, 110 






A; 38, 240 

1, 104, 080 

23, 500 

295, 815 






82,240 








San Benito . ,. 


5,315 




San Joaquin 


1 10, 760 




San Luis Obispo 


150, 012 


534, 092 

2, 400 

m 571, 717 

89, 880 




Santa Barbara 


127, 986 
5,000 






2,200 

2,218 

90, 752 

'7139,537 

m 271, 571 












41, 252 
5,737 
56, 347 








Ventura 






Total > 


4,216,703 


836, 417 


5, 053, 120 






Stock ton 


018,080 
i 670, 678 








FresDO 







a Total in Los Angeles and San Francisco districts, 709,744 acres. 
b Total in Los Angeles and San Francisco districts, 517,051 acres. 

c I otal in Marysville and San Francisco districts, 308,541 acres, 
rf Total in Marysville and Sacramento districts, 196,114 acres. 

e Total in Marysville, Sacramento, and Susanville districts, 1.50G. 914 acres. 

/"Total in Marysville, Sacramento, and Susanville districts, 284,432 acres. 
,(/ Total in Marysville and Bedding districts, 556,094 acres. 
h See Marysville district. 
i See Independence district. 
j Total in Sacramento and Stockton districts. 271,480 acres. 

fcTotal in San Francisco and Stockton districts, 75,121 acres. 

I Total in San Francisco and Stockton districts, 13,100 acres. 
m See Los Angeles district. 
n Total in San Francisco and Stockton districts, 89,440 acres. 

o See Sacramento district. 



102 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
CALIFORNIA— Continued. 



Land district. 


County. 


Surveyed 
land. 


XJnsurveyed 
land. 


Total area. 


* 


Merced 


Acres. 

a 36, 881 

6498,697 

a2, 340 

a 49, 903 

6412,216 


Acres. 


Acres. 




















Stanislaus 








Tuolumne 












Total 


1, 688, 795 


c500, 445 


2, 189, 240 








2, 297, 936 

1, 714, 028 

900, 810 

56, 637 


39, 683 
111, 699 

79, 825 


2, 337, 619 

1, 825, 727 

d 980, 635 

d 56, 637 




















Total 


4, 969, 411 


231,207 


5, 200, 618 








184, 320 
450, 880 
505, 280 


15, 360 
69, 120 
38, 720 


6199,680 
6520,000 
6544,000 








Tulare 






Total . 


1, 140, 480 


123, 200 


1, 263, 630 






Total in California 


38, 750, 564 


15, 172, 154 


53, 922, 718 









COLORADO. 







199, 080 
102, 382 
221, 200 

52, 792 
1, 007, 880 

86, 280 
152, 960 
217, 600 




e 199, 080 

102, 382 

/221, 200 

52, 792 

#1,051,400 

h 86, 280 
















Gilpin 








43, 520 












i 152, 960 
j 217, 600 




Summit 








Total 


2, 040, 174 


43, 520 


2, 083. 694 








403, 940 

77,460 

276, 800 

477, 580 

1, 025, 240 

3.840 


186, 880 

287, 040 

46, 000 

"'50,' 220* 
23,040 


590 820 




Costilla 


364, 500 

£322,800 

1 477, 580 

ml, 075, 460 

n 26, 880 




















Total 


2, 264, 860 


593, 180 


2, 858, 040 








1, 128, 800 
24, 220 
142, 340 

p 269, 280 
28,900 

q 425, 920 
r 1, 235, 360 
























Elbert 
























Larimer 







a See San Francisco district. 

6 See Independence district. 

c This total was not estimated by counties, but the officers report fifteen full townships in the dis- 
trict unsurveyed, and unsurveyed lands in thetownshipa partly surveyed, aggregating 154,845 acres. 

d See Marysville district. 

e Total in Central City and Denver districts, 123,300 acres. 

/Of this quantity four townships, or 87,040 acres, are suspended from entry because of irregularities 
in the surveys. Total area in ( entral City, Glenwood Springs, and Leadville districts, 868,192 acres. 

g Of the surveyed land in Grand county thirteen townships, or 282,880 acres, are suspended from en- 
try because of irregularities in the surveys. 

h Of this quantity one township of 21,760 acres is suspended from entry because of irregularities in 
the survey. Total area in Central City and Denver districts. 115,180 acres. 

i Total in Central City and Glenwood Springs districts, 3,781,084 acres. 

j Total in Central City and Leadville districts, 387,388 acres. 

k Total area in Del Norte, Durango, and Gunnison districts, 900,100 acres. 

I Total area in Del Norte and Durango districts, 525,080 acres, 
m Total in Del Norte and Gunnison districts, 1,412,460 acres. 

n Total in Del Norte and Durango districts, 249,380 acres. 

o See Central City district. 

p Total in Denver and Pueblo districts, 461,780 acres. 



q Total in Denver and Lamar districts, 595,920 acres. 
r Total in Denver and Glenwood Springs districts, 1,263, 



180 acres 



PUBLIC LANDS. 



103 



Statement by States, Territories, and land districts, etc. — Continued. 
COLORADO— Continued. 



Land district. 


County. 


Surveyed 
land. 


UnsTirveyed 
land. 


Total ;irea. 






Acres. 

a $17, 120 

863. 280 

279, 200 


Acres. 


Acres. 




















Phillips 
























Weld 






















Total 






5, 031, 240 












c 335. 200 

475, 240 

203, 800 

499, 340 

786, 760 

9,500 

47, 500 

222, 500 

42, 000 




335, 200 






124, 000 
97, 500 
29, 000 
75, 000 


99,240 

/528, 340 

^861,760 

/i9,500 

e47 500 






























e222 500 








i^ 000 










Total 


2, 621, 840 


325, 500 


2, 947, 340 




Eagle . . . 




348, 960 

1,446,960 

53, 280 

27, 820 

195, 200 

179. 860 

1,459,872 

3, 628, 124 


215, 040 
923, 240 
124,620 

""2397226 

323, 720 

580, 704 

23, 040 


3 504, 000 
2,370,200 
ft 177, 900 




Garfield 










1 27, 820 

m 434, 420 








Pitkin 


n 503, 580 
2,0-10,576 










3 3, 651, 164 






Total 


7, 340, 076 


2, 429, 584 


9, 769, 660 




Delta 




7,000 
700, 000 
246, 000 

337, 000 




o7 000 






987,000 

30, 000 


p 1, 687, 000 
.270,000 
(/91,000 
6337,000 




















Total 


1, 320, 000 

710, 000 
r368, 000 

398, 000 
1 170, 000 
s 315, 000 
1 309, 000 
1 146, 000 

437, 000 


1, 078, 000 


2, 398, 000 






Lamar 








Bent 






























































Total 






2, 853. 000 












a Total in Denver and Lamar districts, 363,120 acres. 

b The Southern Ute Reservation, covering ahout 1,000,000 acres, is in this district and may soon be 
restored to entry. 

c The abandoned Fort Lewis military reservation in Archuleta County of about 30,000 acres of agri- 
cultural land, heavily timbered, has been surveyed, but the plats have not as yet been filed and the 
land restored to the public domain. 

d Total in Durango and Montrose districts, 639,620 acres. 

eSee DelNorte district. 

f Of the 29,000 acres in La Plata county, classed above as unsurveyed, 23,000 acres have been sur- 
veyed, and the plats it is expected will soon be filed. 

g Much of the land in Montezuma county is known as the mesa verde land, and is not in demand by 
settlers. 

h Total in Durango and Montrose districts, 153,803 acres. 

i Total in Durango and Montrose districts, 711,704 acres. 

3 See Central City district. 

ft Total in Glenwood Springs, Gunnison, and Leadville districts, 1,906,629 acres. 

I See Denver district, 
m Total in Glenwood Springs and Montrose districts, 1,985,044 acres. 

n Total in Glenwood Springs and Leadville districts, 586,602 acres. 

o Total in Gunnison and Montrose districts, 387,399 acres. 

p See Glenwood Springs district. 

q Total in Gunnison and Montrose districts, 1.371,737 acres. 

r Total in Lamar and Pueblo districts, 452.200 acres. 

* Total in Lamar and Pueblo districts, 389,000 acres. 

t Total in Lamar and Pueblo districts, 1,170,552 acres. 



L04 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, eic. — Continued. 
COLORADO— Continued. 



Land district. 


County. 


Surveyed 
land. 


TTnsurveyed 
land. ' 


Total area. 




Chaffee 


Acres. 
642,654 
a 82, 992 
b 50, 397 
c 41, 729 
184, 215 

1, 015, 765 
c 83, 022 

a 169, 788 


Acres. 


Acres. 












El Paso .. 
























Park 






Pitkin 








Summit 












Total 






2, 270, 565 




Delta .. 








311, 279 

40, 380 
864, 352 
935, 137 
144, 303 
600, 584 


69, 120 


d 380, 399 






e 40, 380 






686, 272 
345, 600 

"'69,120 


c 1, 550, 624 
d 1, 280, 737 










e 144, 303 






e 669, 704 










2, 896, 035 


1,170,112 


4, 066, 147 




Bent 


Pueblo 


/84, 200 

320, 642 

g 192, 500 

h 637, 000 

655, 515 

581, 001 

/74, 000 

/ 861, 552 

929, 450 

780, 000 
















Elbert 








El Paso 








Fremont 






























Otero 








Pueblo 












Total 






5, 116, 760 












34, 354, 550 


5, 648, 896 


39, 994, 446 







FLORIDA. 



Gainesville 




42, 290 

3,160 

4, 720 

86, 299 

90, 800 

14, 880 
32, 590 

7,770 

97, 360 

124, 380 

2,280 
78, 100 
12, 100 

9,373 

7,920 

2,120 
33,240 
78, 100 

2,510 

52, 140 

48, 640 

215, 735 

7,882 
40, 720 

15, 372 
17, 280 

146, 020 
17, 884 








































Citrus 








Clay 
















Dade 


i2,119,680 


2, 217, 000 




De Soto . . 




















Gadsden 








Hamilton 
























































"T529,*920 






Lee 


745,655 




















M anatee 
















Monroe 


i 691, 200 


709, 084 



a See Central City district. 

b Total in Leadville and Pueblo districts, 687,397 acres. 
c See Glenwood Springs district. 
dSee Gunnison district, 
«See Durango district. 
/See Lamar district. 
flfSee Denver district. 
h See Leadville district. 

i Undoubtedly nearly all the unsarveyed land is swamp, and much of it is selected by, or patented 
to, the State as swamp. 



PUBLIC LANDS. 



105 



Statement by States, Territories, and land districts, etc. — Continued. 
FLORIDA— Continued. 



Land district. 


County. 


Surveved 
land. 


Unsurveyed 
land/ 


Total area. 




Nassau 


Acres. 

4,330 

32, 000 

12, 072 

2, 200 

31, 620 
21, 559 
19, 160 

213, 040 

920 

7,200 

144, 560 

32, 680 
204, 800 
265, 820 


Acres. 


Acres. 


























Polk 







































































Walton . . . 
















2, 283, 626 


3, 340, 800 


5, 624, 426 







IDAHO. 



Blackfoot 




282, 880 
795, 682 
507, 734 


15, 200 
696, 653 
115, 200 


298, 080 






1, 492, 335 
622, 934 












Total 


1, 586, 296 


827, 053 


2,413,349 




Ada 


Bois6 City 


447, 360 
81, 640 
231, 280 
3,840 
707, 200 
295, 680 


640, 000 

2, 240, 000 
768, 000 

1, 280, 000 

3, 520, 01)0 
1, 280, 000 


1, 087, 360 






2,321,640 






a 999, 280 






61,283,840 






4, 227. 200 






1, 575, 680 








Total 


1, 767, 000 


9, 728, 000 


11, 495, 000 










50, 100 
6,412 


1, 057, 000 
943, 000 


1, 107, 100 






c 949, 412 








Total 


56, 512 


2, 000, 000 


2, 056, 512 








Hailey d 


266, 666 


18, 200, 000 


18, 466, 666 










47, 713 

6,360 

25, 000 

182, 730 


ell, 10% 280 
/276. 480 
a 151, 280 
A 730, 920 


ell, 152,993 






282, 840 






176, 280 






h 913, 650 








Total 


261,803 


12,263,960 


12, 525, 763 








Total in Idaho 


3, 938, 277 


43, 019, 013 


46, 957, 290 







IOWA. 



Des Moines. 



2,000 



13,000 



5, 000 



ELANSAS. 



Garden City 



Clark... 
Finney . 
Ford.... 
Garfield 



12, 260 

68, 820 

2.717 



a See also note under head of the Hailey district as to Elmore County. 

6 Total in Idaho County in Boise City and Lewiston districts, 12,436,833 acres. 

c Total in Shoshone County in Cceur dAlene and Lewiston districts, 1,863,062 acres. 

d The district officers say : " Hailey district contains about 19,000,000 acres, about 800,000 acres of 
•which have been surveyed, mostly in' Logan, Elmore, Alturas, and Lemhi counties. About two-thirds 
of the surveyed land has been settled upon and improved. About 15 to 20 per cent, of the land in this 
district could be cultivated if water could be procured from the larger streams of the State. 

e See Boise City district. TJnsurveyed lands composed of mountains, prairie and timber land. 

/One-half of the unsurveyed land is mountainous and heavily timbered. 

g The most of the unsurveyed land is rough broken prairie. 

h See Cajurd'Alene district. The unsurveyed land is mostly covered with timber. 

i About 1,000 acres of the unsurveyed lands are accretions along the Missouri River, and about 2,000 
aores are in dried-up lake-beds. 



106 



REPORT OF THE SECRETARY OP THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
KANSAS— Continued. 



Land district. 


County. 


Surveyed 
land. 


Unsurveyed 
land." 


Total area. 






Acres. 
16,280 
21, 400 

51, 341 
9, 200 

18, 300 
76, 240 
56. 500 

52, 871 
58, 770 
16, 000 
41, 360 


Acres. 


Acres. 






















Haskell 


















Morton 






















Tot a! 




508,739 














20, 000 

50, 768 

800 

40 

10,399 

clCO 

d 1,240 

el, 200 




20, 000 


Oberlin 
















































Total 




64, 607 
500 






/500 




Topeka# 










Ellis 


13,712 
21, 529 




















10, 860 
6,440 

32, 706 
1,480 

2, 320 
160 

10,680 

h920 

h 6, 480 

ft 320 

9,248 

41, 450 

3, 640 

























Rush 






S, ott 






























Ilace 






"Wichita 












Total 




% 161, 945 












755, 791 


1 







LOUISIANA. 



Natchitoches Bienville j 25, 040 

L'o-sk-r 49,170 

Caddo 27,529 

Claiborne £2,260 

Grant U, 560 

Natchitoches 83, 885 

Rapides m 5, 532 

a No land in the district subject to entry, except that there may be a few isolated tracts. 

b The officers report it impracticable to make a statement by counties in the short time at their com- 
mand in the present condition of their records, but tbey have approximated the quantity of vacant 
land in the entire district. 

c Total in Oberlin and WaKeeney districts, 1,080 acres. 

d Total m Oberlin and WaKeeney districts. 7,720 acres. 

e Total in Oberlin and WaKeeney districts, 1,520 acres. 

/ Reported scarcely fit for grazing. 

# Officers report that they do not believe that one entire section of vacant land in the district could 
be found by a "line by line search of the tract books." 

h See Oberlin district. 

i This totalmay be increased by the expiration of filings. 

j Total in Natchitoches and New Orleans districts, :;9.280 acres. 

k Total in Natchitoches and New Orleans districts, 6.780 acres. 

I Total in Natchitoches and New Orleans districts, 65, 500 acres. 
m Total in Natchitoches and New Orleans districts, 42,662 acres. 



PUBLIC LANDS. 



107 



Statement by States, Territories, and land distriots, etc. — Conthiii«»l. 
LOUISIANA— Continued. 



Land district. 


County. 


Sun i 
land. 


Onrarveyed 

land.' 


area. 






Acres. 
11, 186 
62, 247 
a 98, 292 

6,660 


Acres, 
c 115,393 


Acres. 






















"Winn 




Supplemental list not reported by 












Total 


417,791 


533, 184 












183 

2, 400 

1,040 

e 14, 240 

134, 000 

1,000 

61,480 

98, 360 

e 4, 520 

3,800 

320 












Acadia 

Bienville 












Caldwell — 












East Baton Eonge 






East Feliciana 


3, 836 j 
2,207 I 








e60, 940 
2, 200 
30, 0-00 

2, 000 

3, 210 
/1 5, 000 

13, 390 

160 

32, 000 

4, 970 
173 

<?37, 130 

800 

. 2, 380 

2, 820 

4", 000 

1,200 

500 

31,000 

20, 000 

200 

2, 000 

30, 200 

5i0 

e31, 000 

28, 000 

1, 250 

820 

«104, 390 
































Livingston 


















Plaquemines 

Pointe Coupee 
























St Martin .. 
























Tensas 






























West Carroll 






West Feliciana 










Total 






825, G69 














1, 243, 460 


115, 393 


1, 358, 853 









a Total in iSJatchitoches and New Orleans districts, 129.292 acres. 

b Total in Natchitoches and New Orleans districts, 119,950 acres. 

c The nusurveyed lands in Natchitoches district were not reported by parishes. These lands un- 
doubtedly are mostly dried-up lakes, or such as are subject to overflow or inundations. 

d The district officers say in their report: "Pending the resurvey of certain townships situated in 
this parish, formerly reserved from entry because claimed to be embraced in the Houmas grant, and 
their restoration to the public domain under act of March 2, 1889, and the adjustment of the claim of 
the State of Louisiana, involving a Large portion thereof, it is difficult to state wifh anv degree of ac- 
curacy what quantity of such lands will accrue to the United States, but it is estimated that there will 
be found subject to entry in the parish about 60,000 acres." This quantity is excluded from the table. 

e See Natchitoches district. 

/The district ofiiceis say : " Owing to the uncertainty as to the location of the back line of the Mc- 
Donogh and Fontenot claims, we refrain from including Tps. 8 and 9S., R. 5 E., and Tps. 8 and 9 S., 
R. 6 E., former S. E. Dist., east of river, but it is estimated that about 2,300 acres will be found in 
these townships subject to entry and filing after location of said claims and approval of State selec- 
tions." 



108 



REPORT OF THE SECRETARY OF THE INTERIOR. 



/Statement by States, Territories, and land districts, etc. — Continued. 
MICHIGAN. 



Land district. 


Connty. 


Surveyed 
land. 


TTnsurvc^ ed 
land/ 


Total area. 






Acres. 
8,100 
5,000 
3,300 

22, 500 
3,000 
3,800 

37, 300 
3,200 

26, 500 
2, 500 
2, 400 

44, 900 
3, 000 

ll.OCO 
7,100 
8, C00 


Acre*. 


Acres. 




Alpena 












Grand Traverse 


















Montmorency 






Ogemaw 
























(a) 




Total 




192, 000 




Alger 

Baraga 


13, 285 

6 30, 057 

104, 614 

39, 466 

4,686 
06, 903 
31, 412 
15, 102 

2,139 
23, 259 
16, 608 
83, 520 

9,140 

c 141, 192 

28, 524 
















Delta 






Gogebic 




































Marquette 


















Schoolcraft 










Total 




d 639, 907 












832, 707 











MINNESOTA. 







46, 080 

17,280 

391, 680 

92, 160 




46,080 
1 7, 2*0 






Kiltston 






500, 880 
60, 120 


898, 500 




jhall 


161,280 




Polk 


27, 450 


2,560 


30, 010 


Total 


574, 650 


578, 560 


1,153,210 








Dnlnth 


42, 800 

- 26,160 

434, 356 

79, 040 
273, 660 
690, 499 




e 42, 800 








26, 160 




Cook 

Itasca 

Lake 


138, 240 
230, 400 
668, 160 
852, 480 


572, 596 

/309. 440 

941, 820 






1, 542, 979 








Total 


1, 546, 515 


1, 889, 280 


3, 435, 795 








Marshall 


40 
40 
40 
40 
40 
80 
40 
80 
















































Murray 

Renville 













a Scattered tracts in olher counties in the district. 

&In this county 49.792 acres are reserved for Indians exclusive of the quantity given as vacant. 

c In this county 2.551 acres are reserved for Indians exclusive of the quantity given as vacant. 

d There are also in this district 18,704 acres embraced in the forfeited land grant of the Ontonagon 
and Brule River Railroad, and Marquette, Houghton and Ontonagon Railroad, now claimed by the 
Michigan Land and Iron Company. 

e Total in Duluth, St. Cloud, and Taylor's Falls districts, 132,938 acres. 

f Total in Duluth and St. Cloud districts, 1,811,480 acres. 



PUBLIC LANDS. 



109 



Statement by States, Territories, and land districts, etc. — Continued. 
MINNESOTA-Continued. 



Land district. 


County. 


Surveyed 
Land. 


Unsnrveyed 
land. 


Total area. 




Rook 


Acres. 

22 

40 

200 

80 


Acres. 


Acres. 


































Total 






802 












St. Cloud 


54,960 

280 

69, 880 

219, 540 

17, 360 

120 

61, 880 

165, 720 

200 

13, 440 

2,980 

80 

130 

306 

440 

5. 240 

460 

56, 660 

2,180 

40 




a 54, 980 

280 












207, 360 


277, 240 






219, 540 

17, 360 

120 




















61, 880 

al, 502, 040 

200 






1, 330, 320 










13, 440 

2,980 
80 




Otter Tail 








# 






130 








306 








440 




Todd 




5,240 
400 














56,660 




"Wilkin 




2, 180 




Wright 




40 












671, 916 


1, 543, 080 


2, 215, 596 








Taylor's Falls 


a 35, 158 

620 

10, 418 

9, 358 
52, 537 
































Pine 














Total 






108, 091 














2, 902, 034 


4, 011, 520 


6, 913, 554 







MISSISSIPPI. 



Jackson 



Amite 

Attala 

Calhoun 

Carroll 

Choctaw 

Clarke 

Copiah 

Covington 

Franklin 

Greene 

Grenada 

Hancock 

Harrison 

Hinds 

Holmes 

Jackson 

Jasper 

Jefferson 

Jones 

Kemper 

Lauderdale 

Lawrence 

Leake 

Leflore 

Lincoln J 

Lowndes 

Madison 

Marion 

Monroe 

Montgomery 

Neshoha . . .". 

Newton 

a See Duluth district 



13, 400 

14, 280 

560 

2,840 

5, 240 

29,560 

4, 560 
83, 320 
32, 000 
92, 200 

6,520 

72, 040 

170, 860 

240 

720 

109, 140 

11, 080 
1,640 

39, 840 
14, 640 

12, 280 
22, 840 
13,800 

440 

5, 640 

80 

240 

145,920 

4,720 

7, 300 

20, 760 



110 REPORT OF THE SECRETARY OF THE INTERIOR. 

Statement by States, Territories, and land districts, etc. — Continued. 
MlSSISSIPPI-Continued. 



Land district. 


County. 


Surveyed 
land. 


Un surveyed 
land. 


Total area. 






Acres, 

4,480 

1,320 

41, 780 

124,140 

17, 720 

13, 200 

] 0,040 

77, 520 

56, 720 

3,120 

160 

55, 300 

8,020 

32, 520 

15, 320 

560 


A cres. 


Acres. 






















Pike 












Scott 
























Washington ,. 






































1,407,480 













MISSOURI. 



boonville 




19, 000 

130, 000 

a 1, 000 

3,800 

6 34, 800 

20, ono 

c 30, 600 

5,600 

10, 200 

500 

3,200 

a 2, 000 

a 37, 000 

12, 000 












Cedar 






Crawford 










































Polk 










. 


St. Clair 


















Total 




309, 700 






257, 830 
46, 280 




e 257, 830 


Spi ingfield 










Cedar/ 






Dallas 


/5, 000 
50, 000 

/ 10, 000 

51,980 

1,200 

100, 000 






Douglas 
























Polk /* . 






Pulaski f 








Stone 


91,473 

200, 000 

12, 000 






Texas 








6,01)0 
10, 000 
















Total.... 




583, 933 












Total in Missouri 


1, 151, 463 













a There is no vacant land in that portion of this county in the Springfield district. 

b Total in Boonville and Springfield districts, 39,800 acres. 

c Total in the Boonville and Springfield districts,40,600 acres. 

rfNo vacant land in either the Boonville or Springfield district. 

e The district officers report it impracticable to report areas by counties. Of the total area in 
district, 77,900 acres are in The townships east of the fifth principal meridian, and 179,930 acres a] 
those west thereof. 

/See Boonville district. 



the 
are in 



PUBLIC LANDS. 



Ill 



Statement by states. Territories, and land districts, etc. — Continued. 

MONTANA. 



Land district. 


Con: 


Surveyed 

land. 


TJnsurve\ ed 
laud. 


Total area. 






113,370 
3 1, 230 

28, 090 

336,770 


Acres. 

1,34 

215, 680 


Acres. 
a656, 730 












c ' 13,290 






d 1,726, 130 






e 552, 450 








Total 


894, 590 


2, 252, 800 


3, 147, 390 










380, 600 ' 

2, 167, 200 

2-12, 980 
2, 044, 800 


2, 349, 660 
604,300 

22,704,7-10 

1, 300, 300 

J, 128,980 

3, 500 

254, 600 

475, 000 

689, 820 

1,074,800 

7, 014, 440 

3,300 

179, 000 

107, 360 


2, 730, 260 






1, 131,200 




Chotcau 

Deer Lodge 


24,871,940 
1, 521 
3, 173, 780 






/3,500 

/388, 100 

651, 380 

/ 1,047,820 






133, 500 

176, 380 
358, 0»0 
590. 540 
122,600 

38, 400 

77, 060 

203, 300 




Lewis and Clarke 






1,66 






7, 137, 040 




Park 


/ 41, 700 

256, 060 










#310,660 






Total 


7,042,260 


37, 889, 800 


44, 932, 060 








Miles City h 


i 1, 674, 465 


j 15, 053, 712 j 16,728,177 








9,611,315 


55,196,312 1 64.807.627 











NEBRASKA. 



Alliance 



Total 



Box Butte ... 
Cheyenne — 

Deuel 

Scott's Bluff 

Sheridan 

Sioux 



k 120, 400 
1340,540 

m 610, 480 
n 219, 440 
o 466, 640 

. p 450, 160 



2, 207, 660 



a Total in Bozeman and Helena districts, 660,230 acres. 

b Total in Bozeman and Helena districts, 456,890 acres. 

c Total in Bozeman and Helena districts, 1,191,110 acres. 

d Total in Bozeman and Helena districts, 1,767,830 acres. 

e Total in Bozeman and Helena districts, 310,660 acres. There is also an area of 649,600 acres of this 
county in the Miles City district, hut the area of the entries, which cannot be large, has not been re- 
ported. 

/See Bozeman district. 

g See Bozeman district and note under head of Miles City district. 

/tit was not found practicable to apportion the entries to the different counties, namely, Meagher, 
Choteau, Yellowstone, Dawson, and Custer, because when the office was opened the district was all 
within Custer county, and many entries were made before its subdivision. 

i Deducting lands listed to the Northern Pacific Railroad Company and for university purposes and 
the school sections, and there remain 1,913,674 acres of surveyed land, from which amount one-eighth, 
or 239,209 acres, is deducted as filed u]>on or entered, leaving'1,674,465 acres as subject to entry. 

j From 4,082,240 acres estimated by this office to be the total quantity Avithin the granted or forty- 
miles limirs of the Northern Pacific 'Railroad in the district, the quantity listed to the company, to wit, 
1,114.192 acres, is deducted, leaving 2,968,048 acres as approximating the quantity unsurveyed within 
said limits ; and deducting the last quantity from 18,021,760 acres, estimated by the district officers to 
be the total quantity unsurveyed in the district, and there remain 15,053,712 acres as the area of un- 
surveyed land subject to settlement. The school sections are not deducted, as they are subject to set- 
tlement at any time before survey in the field, but undoubtedly nearly of them will inure to I he Sta 
dor the school grant when surveyed, thus reducing tlio area that then will be subject to settlement 
and entry. 

k Total in Alliance and Chadron districts, 140,640 acres. 
Z Total in Alliance and Sidney districts, 643,260 acres. 

TO Total in Alliance and Sidney districts, 783,280 acres. 
n Total in Alliance and Sidney flistricts, 264,240 acres. 
o Total in Alliance and Chadron districts, 794,990 acres. 

p Total in Alliance and Chadron districts, 970,200 acres. 



112 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
NEBRASKA— Continued. 



Land district. 


County. 


Surveyed 
land. 


Unsurveyed 
land. 


Total area. 






Acres. 

a 203, 520 

289, 260 

b 154, 800 

c 608, 640 

d 125, 440 

380, 160 

390, 8U0 

e 158, 640 

/237, 440 

384, 000 


Acres. 


Acres. 






























































Total 




g 2, 932, 700 






h 26, 240 

126, 880 

h 328, 350 

Ji 520, 040 












Sheridan 










Total 




1,001,510 






18 

275 

ft 680 

1 14 

14,295 

35 

83 

40 

8 

79 

2,453 






Buffalo 
























Hall ' 












Platte 

Polk 












Valley 










Total 




17, 980 






57, 894 
108, 180 




















22, 000 












Red Willow 






Total 




188, 074 






10, 560 

£32,320 

21J, 960 

I 62, 720 

14, 300 






Garfield 






Holt 












Rock 






"Wheeler 










Total 




499, 260 


N orth Platte 




m 298, 860 

m 24, 580 

«660 

ol60 

160 

p 171, 360 
































Keith 





a Total in Broken Bow and North Platte districts, 502,380 acres. 

b Total in Broken Bow and Valentine districts, 404,800 acres. 

c Total in Broken Bow and Val ntiue districts, 858,640 acres. 

d Total in Broken Bow, Grand Island, and North Platte districts, 150,700 acres. 

e Total in Broken Bow and North Platte districts, 181,480 acres. 

/Total in Brok» n Bow and North Platte districts, 397,380 acres. 

flrThis total is exclusive <>f townships 17, 18, 19, and 20, of ranges 17, 18, 19, and 20, in Custer County, 
the plats of which had not been received from Grand Island land office when report of the district 
officers at Broken Bow was made. 

h See Alliance district. 

i Total in Grand Island and North Platte districts, 674 acres. 

,?*See North Platte district. 

A; Total in Neligh and O'Neill districts, 147,320 acres. 

I Total in Nelisih and Valentine districts, 247,720 acres. 
mSee Broken Bow district. 

n See Grand Island district. 

o See McCook district. 

p Total in North Platte and Valentine districts, 229,600 acres. 



PUBLIC LANDS. 

Statement by State*; Territories, and land districts, etc. — Continued. 
NEBRASKA— Continued* 



113 



Land district. 


Connty. 


Surveyed 
laud. 


Unsurvoyed 
land." 


Total area. 


North Platte 




Acres. 
403, 000 
a 22, 840 

a 159, 940 
4,140 


Acres. 


Acres. 


























Total 




1, 085, 700 

115,000 


O'Neill 


Holt 


6115,000 

59, 520 

c 302, 720 

c 172, 800 

d 58, 240 

145, 620 

c 44, 800 


























Keith 












Scott's Bluff 










Total 




783, 700 






a 250, 000 

a 1,900, 000 

60, 000 

6185,000 


















Rock 














2, 395, 000 












11, 226, 584 











NEVADA. 







1, 123, 872 

218, 144 

80, 422 

1 , 806, 762 

3, 066, 967 

324, 582 

290, 141 

424, 936 

28, 836 

49, 555 

1, 841, 760 


1, 875, 347 

69, 979 

1,200 

1, 680, 882 

6,171,624 

493, 341 

540. 849 

285, 640 

18, 560 

96, 984 

1, 350, 154 


e 3, 043, 288 

/343, 241 

<781,022 

ft 3, 575, 526 

i 9,265,659 

j 823, 828 

k 870, 673 

1 768; 577 

m 59, 716 








Elko 




Esmeralda 












Sye:::::::::::::::::: 










n 148, 539 






3, 216, 497 






Total 


9, 255, 977 


12, 584, 560 


21,840,537 




Elko. 






5,491,012 
676, 657 
844, 942 

4,871,685 
3,798, L56 
2, 377, 738 


945, 820 

481,872 

663,110 

5,211,626 

3,210,500 
387, 885 


p 6, 430, 832 
1,161,529 










1,508,052 

10,083,311 

p 7, 008 k 656 

2, 765. 623 












White Pine 








Total . 


18, 060, 190 


10,903,813 


28,961,003 








27,316,167 


23, 488, 373 


50, 804, 540 







a See Broken Bow district. 
6 See Neligh district. 
cSec Alliance, district. 
rfSee North Platte district. 

eThis total embraces also 41,069 acres of mineral land. 
/Tins total embraces also 55,118 acres of mineral land. 

g The entire area of vacant, land m Carson City and Eureka districts aggregates 6,518,454 acres. 
ft, This total includes also 87 s8J acres of mineral land. 
i This total embraces also 27,098 acres of mineral land. 
jThis total embraces also 5,905 acres of mineral land. 
A; This total embraces also 39,683 acres of miner::l Land. 

ZThis total embraces also 58.001 acres of mineral land. The entire area in Carson City and Eureka 
districts aggregates 7,777,233 acres. 
mThis total embraces also 12.320 acres of mineral land. 
n This total embraces also 2,000 acres of mineral land. 
o This total embraces also 24,583 acres of mineral land. 
p See Carson City district. 



INT 90— VOL I- 



114 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
NEW MEXICO. 



Land district. 


County. 


Surveyed 
land. 


Unsurveyed 
land. 


Total area. 






Acres. 
a 1, 813, 960 
6 256, 560 
a 1, 271, 360 

a 3, 527, 480 


Acres. 


A cres. 




Lincoln 






























Total 


6, 869, 360 


c 499, 810 


7, 369 200 




Dona Ana 






3, 743, 360 
3, 307, 520 
1, 377, 920 
5, 040, 640 


1, 797, 120 

2, 246, 400 

46, 080 
1,354,880 


5, 540, 480 

5, 553, 920 

1,421,000 

d 6, 395, 520 










Socorro 


Total 


13, 469, 440 


5, 444, 480 


18, 913, 920 








8, 393, 820 


6, 999, 680 


e 15 393 500 








Santa F6 


1, 434, 592 

250, 095 

398, 776 

1,117,946 

1,11 1,398 

1, 717, 359 

871, 504 

1, 256, 962 

301, 844 

2,467,710 


691, 200 
9-', 16() 
276, 480 
990, 720 
576, 000 
230, 100 
46, 080 
69,120 
345, (500 
437, 760 


2, 125, 792 
e342 "55 




Colfax 






e675 256 






2 108 666 




San Jnan 


1, 687. 398 

el, 947, 759 

917 584 




Santa be 






fl, 326, 082 
647,444 

2, 903, 470 














Total 


10,928,186 


3, 755, 520 


14,683 706 










39,660,806 


16, 699, 520 


56, 360, 326 







NORTH DAKOTA. 



Bismarck. 



Allred 

Billings 

P><>\\ man 

Buford 

Burleigh 

Dunn 

Eddyp 

hmmons 

Plannery 

Foster h 

Garfield 

Hettinger 

Kidder 

Logan 

Mercer 

Mcintosh 

McKenzie 

McLean 

Montraille 

Morton 

Oliver 

Renville 

Sheridan , 

Stark 

Stevens 

Stutsmant 

Villard - 

Wallace 

Ward 



163,840 

471,010 
348, 160 
942, 080 
2X5. 560 
358, 400 

(Hid 

237, 960 

, 187. 840 

3, 520 

20, 200 
624,610 
265, 120 
230, 80 
184,480 
178,660 
368, 640 

96, 160 
819, 200 
738, 550 
159,840 
614, 400 
311,790 
175, 680 
737, 280 
215,200 
474, 560 

85, 640 
473. 440 



92, 120 

1,198,080 

737, 280 

942, 080 



322, 560 



1,187,840 



20, 200 
1,382,400 



207,360 

'668," 160 



819,200 

1,652,000 



614, 400 
447, 760 
276, 480 
737, 280 

23/040 
105,920 

85,640 
506, 880 



255, 960 
1,669, 120 

1, 085, 440 
1,884,160 

285, 5(10 

680,960 

960 

237, 960 

2, 375, 680 

3, 5 JO 
40,400 

2, 007, 040 
265,120 
230, 3H0 
391,840 
178,660 

1,036,800 
96, KO 

1,638,400 

2, 390, 550 
15!), 840 

1, 228, 800 
759, 550 
452, 160 

1, 174, 560 
2. '8, 240- 

1, 580, 480 
171,280 
980, .i20 



a See Santa P'e district. 
b See Roswell district. 

c The unsnrveyed lands in this district were not stated by counties in the report of the district offi- 
cers. They form a strip on the east boundary of the Territory about 190 miles long and 4 miles wide. 
d Total in Las Graces and Santa Fe districts, 7,721,602 acres. 
eSee Folsom district. 
/See Las Crnces district. 

g Total in Bismarck, Devil's Lake, and Fargo districts, 67,360 acres. 
h Total in Bismarck and Fargo districts, 57.520 acres. 
i Total in Bismarck and Fargo districts, 309,840 acres. 



PUBLIC LANDS. 



115 



Statement by Statin. Temitories, and land districts, etc— Continued. 

FORTH DAKOTA— Continued. 



Land district. 


County. 


Surveyed 
land. 


Unsurveyed 
land. 


Total area. 




Wellsa 


Acres. 
183, 680 
:;17, 140 
266, 240 


A cres. 
161,280 
460, 800 
266,240 


Acres. 
344,900 




Williams 

W vim 


778, •.'•ID 
532, 480 


Total .. 


11,540,580 


13,915,000 


625, 455, 580 










220. 000 

200, 000 

68, 000 

36,000 

525, 000 

400, 000 

27, 000 

210, 000 

250, 000 

165, 000 


276, 000 
292, 500 

r-75, ooo 


496, 000 






492, 500 






643, o(ii) 




Eddy (2 


36, 000 






230, 000 
138, 000 


7.'..">, OK) 




Pierce 


538. 000 
27. oi,0 




Rolette 


85, 500 

276, 000 

46, 000 


295, 500 






526, 000 




"Wellsd 


2] 1,000 








Total 


2, 101, 000 


1,919,000 


4, 020, 000 










16, 200 

480 

69, 800 

30, 400 

54, 000 

28, 400 

2!), COO 

18,300 

22, 700 

5,800 

720 

71,600 


i 












Dickey 

Eddy ti 




























. 


































Steele 






















Total. 






318, 000 












29, 840 
154,400 


*"'i38,000' 


>,840 
2 : !, 400 
















42, 640 




2, 640 












Ramsey/ 

Walsh 


21, 560 
29, 860 
50, 520 


92, 000 
23, 000 
92, 000 


113,560 
52, 8(0 




Unorganized country. 


142, 520 


Total 


328, 820 


345, 000 


67.'5, 81 










14, 318, 400 


16, 179, 000 


30, 497, 400 







OKLAHOMA. 



Guthrie 


"No. In 










No.2 


h 5, 360 

i 5, 920 

240 






No.3 : 






No. 6 










Total 




11 520 




No. 1... 


jm 

i39 

j 110 
1,152 
9, 055 








No. 2 






No.3 






No.4 






No.5 










Total 




10, 533 














22, 053 


k 3, 672, 640 


3, 694, 693 







a Total in Bismarck and Devil's Lake districts, 255.9(10 acres. 

& Besides this quantity, there is considerable land within tin indemnity liinitsof the Northern Pa- 
cific Railroad, but it is probable that it will all be needed to sat isfy the grant of indemnity to said 
road. 

c Total in Devil's Lake and Grand Forks districts, 525,840 acres. 

d-See Bismarck district. 

e Total in Devil s Lake and Grand Forks districts. 140,560 acres. 

/Se<« Devil's Lake district. 

.'/ See K : ^fisher disti ict. 

A. Total in Guthrie and Kingfisher disti icts, 5,399 acres. 

i Total in Guthrie- and Kingfisher districts, o,0:,0 acres. 

j See Guthrie, district. 

fcThe unsurveyed lauds in Oklahoma are in the "Public Land Strip." 



116 



REPORT OF THE SECRETARY OP THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 
OREGON. 



Land district. 


County. 


Surveyed 
land. 


TTnsurveyed 

land. 


Total area. 






Acres. 
239, 258 
171, 120 
1,185,826 
2, 370, 069 
1, 932, 623 


Acres. 
37, 057 


Acres. 
a 276 315 






b 171, 120 






233, 074 

380, ICO 

1, 362, 720 


c 1 418 900 






d 2, 756, 229 
e 3, 295, 343 




Malheur 


Total 


5, 904, 896 


2,013,011 


7, 917, 907 








766, 983 
1, 385, 516 

227, 273 
1, 077, 799 

438, 402 

635, 600 


225, COO 
14,080 

""371,100 

9$ 520 

799, 988 


/992, 583 
/l, 399, 59i 

q 227, 273 

1, 448, 899 

534, 922 






















1,4:55,588 








Total 


4, 531, 573 


1,507,288 


6, 038, 801 




Crook. . 




1,114,716 
1,298,993 
1, 443, 029 

2,626,187 
1,0: '6, 808 


286, 000 
306 000 
572, 000 
704, 000 
908, 000 


/'l, 400, 710 




/;• 1,691 993 






/2, 015,0 9 

3, .;30, 187 










/I, 974, 808 






Total 


7, 489, 733 


2, 936, 000 


10,425,733 










70, 640 

34, 1C0 

35, 820 
29. < 80 
58, (iOO 
13,820 

3, 520 

25, 320 
173, 400 

18,000 

26, 720 


121, 600 
400, 640 
28S, 000 

30, 000 
506, 880 
506, 880 

60, 000 

69,120 
253,410 

57, 600 


il9>, 2 10 






494 800 






3 ■.;, 8:o 






59 680 






j 565, 480 
520 700 








Multnomah 

Polk 


63, 520 
94, 440 






426,840 




Washington 


75, 600 




Yamhill .. 


26 720 










Total 


489, 680 


2, 354, 160 


2, 843, 840 






Roseburgh 


23, 860 
184, 960 
107,630 
328, 130 

374,310 
81, 200 
10,960 

415, 230 
24, 780 


38, 720 
306, 537 
706, 750 

1,479,800 
374,400 
76'.), 900 
2:'. 1,470 

1,4.0, 5 
315,510 


k 62, 580 




581, 497 






814 380 






1, 807 931) 






718 800 






8 r 1 100 






1 242, 430 






1 835 7 






k 340, 300 








Total 


1,554,060 


5, 733, 687 


7, 287, 747 




Crook 


The Dalles 


2, 000, 640 
256, 000 
261,400 
29.5, 1 00 
38,000 
560, 000 


58, 000 
17, 000 
15,000 
2,600 


f 2, 058,840 

273 000 




Gilliam ... 




Grant 


/276 400 
m 295 600 










38, 000 
817, 500 






257, 500 








Total 


3, 109, 040 


:350, 100 


n'i, 759, 140 








23, 378, 982 


14, 894, 246 


38, 273, 228 







a Total in Burns and La Grande districts, 1,268,900 acres, 
b Total in Burns, Lakeview, and The Dalles districts, 3,030,476 acres. 
c Total in Burns, La Grande, and The Dalles districts, 3,094,896 acres. 
d Total in Burns and Lakeview districts, 4,771.258 acres. 
c Total in Burns ;:ud Lakeview districts, 5,270,151 acres. 
/See Burns district. 

g Total in La Grande and The Dalles districts, 522,873 acres. 
h Total in Lakeview and Roseourgh districts. 1,937,423 acres. 
i Total in Oregon City and Roseburgh d'stricts, 254.820 acres. 
j Total in Oregon City and Roseburgh dist'icts, 905,780 acres. 
k See Oregon City district. 
I See' Lakeview district. 
m See Lj- Grande district. 

n In addition to this total the officers report 1,457,000 acres within the granted limits of Northern 
Pacifl Radroad as liable to forfeiture. 



PUBLIC LANDS. 



117 



Statement by States, Territories, and land districts, etc. — Continued. 
SOUTH DAKOTA. 



Land district. 


County. 


Surveyed 
land. 


TJnsuiveyed 
land. 


Total area. 






Acres. 
2,090 
109,520 

95, 480 
186, 560 
83, 640 


Acres. 


Acres. 










































Total 






477, 200 




Brule 








27, 514 
24,560 




27,514 
24, 560 




Buffalo 








138, 240 
391,680 
441,280 
108, 638 
570, 240 
395, 486 
31,680 


138, 240 








391, 680 








a 44 1,280 






802 


109, 440 




Pratt 


570, 240 






19, 235 


4 14, 721 






631,680 












72, 111 


2, 077, 244 


2, 149, 355 




Beadle 




1,449 
22, 470 
45, 822 
117, 854 
79, 445 
495 
37,455 








Faulk 
















Hyde 








Potter 
















Sully 














Total 






304, 991 
















c 1, 000 




Hughes 








100, 957 








d 368, 649 

92, 160 

d 645, 120 

552, 960 






Pyatt 






























Total . 


100, 957 


1, 658, 880 


1, 759, 837 




Butte 


Rapid City 


170, 525 


400, 000 
690, 000 
437, 000 
575, 000 
598, 000 
690, 000 
345, 000 
207, 000 
460, 000 


630, 525 
690 000 




Burdick (unorganized) 

Custer 

Ewing (unorganized) 
Fall River 




157, 980 


594, 980 
575, 000 




350, 860 


918, 800 




Harding (unorganized) 


690, 000 




35, 300 
127, 140 
194, 620 


380, 300 






334, 140 






654, 620 






Total .. 


1, 036, 425 


4, 462, 000 


5, 498, 425 








120 

9,550 
3,153 
12, 741 
2,360 
6,540 
500 
9,296 
1,030 








Clark 
















Day 






















































Total 






45, 290 












5,400 




5,400 










2, 043, 374 


8, 198, 124 


10,241,498 







a Total in Chamberlain and Pierre districts, 809,920 acres. 
b Total in Chamberlain and Pierre districts, 676,800 acres. 

c The officers report only a few isolated tracts vacant in the entire district, not aggregating more 
than about 1,000 acres. 
d See Chamberlain district. 



118 



REPORT OF THE SECRETARY OF THE INTERIOR. 



Statement by States, Territories, and land districts, etc. — Continued. 

UTAH. 



Laud district. 



Salt Lake City. 



Total in district and Territory. 



County. 



Beaver 

Box Elder . . 

Cache 

Davis 

Emery 

Garfield 

Iron 

Juab 

Kane 

Millard 

Morgan 

PiUte 

Rich 

Salt Lake . . . 

San Pete 

Sevier 

Summit 

Tooele 

Uintah 

Utah 

Wasatch 

Washington 
Weber 



Surveyed 
land. 



Acres. 
338, 600 
495, 700 
100, 000 

11,300 
461,600 
216, 700 
587, 300 
710,000 
379, 300 
1,198,800 

52, 200 
224, 500 
292, 000 
3,200 
128, 700 
216, 100 
223, 100 
779, 600 
158 500 
186, 800 

63, 000 
189,500 

12, 000 



7,029,100 



Unsurveyed L otal; 



land 



Acres. 
1 



00, 000 
2, 500, 000 
158, 000 
700, 000 
2, 300, 000 
2, 300. 000 
1,920,000 

1, 500. 000 
1,610 000 

2, 500, 000 
500, 000 

1,380,000 
7, 000 

130, 000 

860, 000 
1,460,000 
1,000.000 
2, 500. 000 
1,644,000 
1, 000, 000 

207, 000 
1, 000, 000 

30(1, 000 



29, 176, 000 



WASHINGTON. 



North Yakima 


Douglas 


973, 161 
296,810 
284, 180 
495, 820 


115, 200 

1,030,800 

2, 995, 200 

921, 000 


1,088,301 




1,333, 610 






3, 279, 380 






a 1,417, 420 








Total 


2, 049, 971 


5, 068, 800 


7, UK, 771 






Seattle 


4,801 

3,821 
120 

1,608 
320 
432 

9,774 
400 

1,920 

5, 411 
880 
720 

4,673 


379,040 

699, 637 


b 383, 841 






703, 4.',8 






120 






710, 095 
1, 925, 300 

*"l89, 1.20 
276, 480 


711,703 






1,925,080 






■( 12 






198,894 






c 276, 880 






1,9-0 




Skagit.. 


820, 953 
838, 340 


832, 304 
839,220 






dTlO 






1,354,880 


1,359,553 








Total 


34, 880 


7, 199, 905 


7, 234, 785 








Spokane Falls 


192,428 

231, 642 

56,180 

311, 793 

27, 800 




3 192,425 




Lincoln 

Spokane 


8,:, 520 

161, 280 

1,497,600 


315, 10-i 

217,460 

1,809,393 






f 27, 800 










Total 


819, 843 


1, 742, 400 


2, 562, 743 




Chehalis 




Vancouver 


5,580 
4,931 
20, 676 
216, 046 
23,5^9 
17,; 13 
22, 7-1. 


71. 000 
109,440 
163,840 

65, 920 
256, 000 
279, 680 
108,560 


g 76, 680 




114,371 






184,516 






281,906 






279, 529 






297, 193 




Pacific 


131,302 



a Total in North Takima and Walla Walla districts, 1,487,660 acres. 

6 Total in Seattle and Vancouver districts, 400,421 acres. 

c Total in Seattle and Vancouver (list ricts, 319.440 acres. 

d Total in Seattlo and Vancouver districts. 4,"00 acres. 

c Total in Spokane Palls and Walla Walla districts, 240,848 acres. 

/Total in Spokane Falls and Walla Walla districts, 95,640 acres. 

g See Seattle district. 



PUBLIC LANDS. 



119 



Statement ly States, Territories, and land districts, etc. — Continued. 
' WASHINGTON— Continued. 



Land district. 


County. 


Surveyed 

land. 


Unsurvej ■ d 

land. 


Total area. 






Acres. 
1,600 
3,280 
29, 460 


A ores. 
40, 960 

" 10,240 


Acres. 

a\l 500 






a X, 280 






39 7u0 








Total 


345, 357 


1, 105, 640 


1,450,997 




Adams 


Walla Walla 


51,420 
98,240 
25, 1 10 

317,480 
18,000 

160, 800 
92, 960 
67, 840 
70, 240 


57,600 
155, 520 


654, 420 




L55.840 

1X0. 660 
317, 480 
1 70. 280 
160,800 
9 ' 960 












Garfield 


161,280 




Walla Walla 






b 67, 840 
c70, 240 












Total 


905, 120 


374, 400 


1, 279, 520 








4,155,171 


15, 491, 145 


19,646,316 







WISCONSIN. 







d 50, 000 
52, 000 

e 15, 000 
65, 000 

/ 20, 000 

g 20, 000 








Bayfield 


































Total 




222, 000 






2, 619 

2, 295 
h 101,223 

7,032 

8,748 

720 

3, 878 
2, 610 

160 

21,022 

80 

720 

16, 147 

147 

9, 675 

i 9, 600 

280 

1,580 

£22,175 

40 

j 6, 640 

1,359 

750 

h 27, 000 






Buffalo 












Clark 
























Eau Claire 

Grant 












La Fayette 

La Crosse 

Monroe 






Poik 






Pi ice 






Sauk 
















Total 


Trempealeau 

Vernon 

Washburn 


2 10, 500 






9,040 
k 8, 200 
I 1,020 

37, 840 

8,780 

440 








































Total 




65, 320 



a See Seattle district. 
b See Spokane Falls disl net. 
North Vakima district. 
d L'otaJ in Ashland and Wausau districts, 55, 00Q acres. 
e Total in Ashland and Eau Claire districts, 116.223 acres. 
/Total in Ashland and Eau Claire districts, 42,175 acres. 
g Total in Ashland and Eau Claire districts, 17,000 acres. 
h See Ashland districl . 

£ Total In Eau (Ma ire and Wausau districts, 17,100 acres. 
/Total in Eau Claire and Wausau districts, 10,640 acres, 
i Total in Menashaand Wausau districts, 38,200 acres. 
JTotal in Menaaba and Wausau districts, 11,020 acres. 



120 REPORT OF THE SECRETARY OF THE INTERIOR. 

Statement by States, Territories, and land districts, etc. — Continued. 
WISCONSIN— Continued. 



Land district. 


County. 


Surveyed 
land. 


Unsurveyed 
land. 


Total area. 






Acres. 

7.500 

a 5, 000 

b 30, 000 

2, 000 

b 10, 000 

50, 000 

1,500 

2,000 

150, 000 

2,000 

c 7, 500 

1,000 

c 10, 000 

2,000 

5,000 


Acres. 


Acres. 










Forest 




























































Taylor 












Wood ... 










Total ? 




285, 500 














819, 320 













WYOMING. 



Buffalo 




d 84, 200 
2, 965, 300 

« 833, 600 
4, 0G5, 000 

d 55, 000 
1,315,300 
2, 628, 100 














:::::::::::::.:::::::::::; 






:;;.; : 




























Total 


11, 976, 500 

3, 463, 840 
4, 492, 800 
2, 650, 200 


/ 575, OHO 

4, 480, 000 

412,100 

4, 147, 200 


12, 551, 500 








g 7, 943, 840 
'h 4, 904, 960 








Uinta 


G, 797, 400 








Total 


10, 606, 840 


9, 039, 360 


19,646,200 










1,452,160 

3,004.800 
3, 546, 880 

630, 880 
2, 922, 880 
2, 873, 700 

557, 500 


40, 000 
401', OHO 

46,500 
9*20,000 

23,000 
322, 000 


1,498, 160 






3,401,800 






■/.:;, 593.380 






■j\, 556, s«o 






2,945,8 






3, I'd, 700 






Jc 557, 500 










Total 


14, 994, 860 


1,817,500 


16, 812, 360 










37, 578, 2C0 


11, 431, 860 


49, 010, 060 







a See Ashland district. 
6 See Menasha district. 
c See Eau Claire district. 
dSee Cheyenne district. 
e See Evanston and Cheyenne districts. 

/The unsurveyed lands in Buffalo district were not stated by counties in the report of the district 
officers. 
g See Buffalo and Cheyenne districts. 

h Total in Evanston and Cheyenne districts, 5,462,460 acres. 
% See Buffalo district. 
^"See Buffalo and Evanston districts. 
fcSee Evanston district. 



PUBLIC LANDS. 



121 



RECAPITULATION OF VACANT LANDS IX THE PTJBLICMiA NT) STATES AND TERRI- 

TORIES. 



State or Territory. 



Alabama 

Arizona 

Arkansas 

California 

Colorado 

Florida 

Idaho 

Towa 

Kansas , 

Louisiana 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska ■ 

Nevada 

New Mexico 

North Dakota. 

Oklahoma 

Oregon 

Sonth Dakota 

Utah 

Washington 

Wisconsin 

Wyoming 

In tlie United States 



Surveyed 

land. 



37, 



ores. 
105, 060 
983, 026 
f»02, 329 
750,564 
354, 550 
283, 626 
938,277 
2,01 
755, 791 
243, 160 
832, 707 
90:', 034 
407,480 
151,463 
Gil, 315 
226,584 
316,167 
660, 8ft6 
318,400 
22,053 
378, 982 
043,374 
029,100 
155, 171 
819,320 
578, 200 



282, 772, 439 



l'ii-m \ r eye<] 
land. 



Acres. 



37, 715, 426 



15, 172, 154 
5,639,896 
3,340,800 

43,019,013 

3,000 



115, 


393 


4,011, 


520 




55, 196, 312 



Total. 



23, 488, 373 
16, 699, 520 

10, 179, 000 
a 3, 672,040 

14, 894, 246 
8, 198, 124 

29, 176, 000 

15, 491, 145 



11,431,860 



303,441,422 



Acres. 

I, 105,060 
49,699,052 

4,902,329 
53,922,718 
39. 994,448 

5, 624,426 

46, 957, 'J'.iO 

5, 000 

755, 791 

l , 358, 853 
832, 707 

6,913,554 

1,407,480 

1 151/463 
64, 807, G27 
11,226,584 
50, 804. 540 

30, 497, 400 
:;, 694, 693 
38, 273, 228 
10,241,498 
36. 205, 100 
L9, 646, 316 
819, 320 
49,010,060 



6 586, 216, 861 



a The unsnrveyed lands in Oklahoma are in the Public Land Strip. 

b Tins aggregate is exclusive of Ohio, Indiana, and Illinois, in which, if any public land remains, it 
consists of a few small isolated tracts; it is exclusive of the Cherokee Strip, containing 8,044,644 acres, 
and all other lands owned or claimed hy the Indians in the Indian Territory west of the 96th degree of 
longitude, contempl ated to he made apart of the public domain by the fourteenth section of the act of 
March 2. 1889 (25 U. S. Stat., 1005), and it is also exclusive of Alaska, containing 577,390 square miles, 
or 369,529,600 acres, of which not more than 1,000 acres have been entered under the mineral laws. 

GREAT SIOUX INDIAN RESERVATION. 

The following circular, including a copy of the act of Congress, ap- 
proved March 2, 1880, and proclamation of the President relating to 
the " Great Sioux Indian Reservation " may be of interest to the general 
public : 

[Registers and receivers of the United States land offices at Bismarck, N. Dak., Huron, Pierre, 
Chamherlain, and Rapid city, S. Dak., and O'Neill, Nehr., March 25, 1890.] 



Your attention is called to the provisions of an act of Congress approved March 2, 
1889 (25 Stats., 888), entitled "An act to divide a portion of the reservation of the 
Sioux nation of Indians in Dakota into separate reservations and to secure the re- 
linquishment of the Indian title to the remainder, and for other purposes," a copy of 
which is hereto attached. 

The first six sections of said act set apart certain tracts for separate reservations, 
and do no1 appear to call for further remark in this communication. 

The seventh section provides for allotments to certain members of the Santee Sioux 
tribe of Indians upon the reservation occupied hy them iti Nebraska; confirms all 
allotments to said Indians heretofore made upon said reservation, and provides for 
allotments, or payments in lieu thereof, to the members of the Flandreau band of 
Sioux Indians, and does not appear to call for further remark. 

The eighth, ninth, tenth, eleventh, and twelfth sections provide for the allotment 
in severalty of the lands embraced in the separate reservations established by the 
act, and for the purchase and disposal by tin; United States of lands embraced therein 
at some future time, and do not appear to call for further remark. 

The thirteenth section provides that any Indian receiving and entitled (orations 
and annuities at either of the agencies mentioned in the act at the time the same 
shall take effect, but residing upon any portion of said great reservation not in- 
cluded in either of the separate reservations herein established, may, at his option, 



122 REPORT OF THE SECRETARY OF THE INTERIOR. 

within a stated time, have the allot incut to which he would be otherwise entitled 
on one of said separate reservations upon the land where such Indian may then re- 
side. 

You are therefore directed to exercise every care and precaution to prevent the en- 
try or filing for any lands iu said great reservation which are iu the occupancy of 
Indians entitled to allotmen s under the provisions of said act, which occupancy is to 
be protected to the full extent of the rights granted to the Indians therein. The oc.- 
cupancy and possession of the Indians is regarded as sufficient notice of their rights 
to all parties concerned. You will advise all parties intending to become settlers, 
either as agriculturists or under the townsite laws, of the extent of the lights of the 
Indians and of the impossibility of their acquiring rights in conflict, therewith, and 
impressing on them the wrong and injustice of seeking to interfere with the Indians 
in their rightful occupancy of the lands, and that they can gain nothing thereby. 

To protect The Indians as fully as possible from any wrong or imposition by which 
they might be deprived of the benefit intended to be secured to them under the law, 
whether it have the character of open violence or some form of trickery and fraud, in 
the specious guise of mutual agreement for exchange of values, no purchase by white 
persons of the settlements or improvements of the Indians will be recognized as hav- 
ing any validity, and their right to take allotments of thelaud on which they reside, 
at their option, will be recognized and enforced whenever claimed by them within 
the period of one year prescribed in said section 13, notwithstanding any pretended 
purchase of their improvements thai may beset up against them, or any allegation 
thai may be made of their removal from the land and abandonment thereof in favor 
of white claimants 

No entries or filings, or any settlements, so far as you can prevent them, will be 
allowed upon thai portion of said reservation which is described in the act approved 
March 28, 1882 (22 Stats., p. 36), until the Indian title is extinguished as provided by 
said act, and when the Indian title is so extinguished all lands described in said act not 
allotted thereunder " shall be open to sett lenient as provided in this act." 

Section 11 provides for regnlal ions whereby the use of water necessary for agricult- 
ural purposes upon the separate reservations provided for by the act may be secured, 
and does not appear to call tor further remark. 

Section If) ratifies and makes valid all allotments of land taken within or without 
the limits of any of the separate reservations established by this act, in conformity 
with the provisions of the treaty with the great Sioux nation, concluded April 29, 
1868 (15 Stats., 635). 

" Section 1('» provides that the acceptance of the act shall release the Indian title to 
said great reservation, with the exceptions hereinbefore named, and also for certain 
railroad rights, and does not appear to call for further remark. 

Section 17 provides for schools, stock, and seeds for the Indians, punishment for 
trading with the Indians, and appropriation and expenditure of a permanent fund for 
the Indians, and does not appear to call for further remark in this comnnmieat ion. 

Section 18 grants to religious societies, with certain limitations, any 'and in said 
great reservation occupied for religious purposes. Said tracts are therefore reserved 
from disposal under the provisions of this act. 

Section 19 provides that the provisions of the said treaty concluded April '29, 1868, 
not in conflict with the provisions of this act are continued in force, and section 20 
provides for school houses for the Indians. Neither of these sections appears tjo call 
for further remark. 

Section 21 restores to the public domain the Great Sioux Reservation, with the ex- 
ception of American island, which is donated to Chamberlain, S. Dak. ; Farm island, 
which is donated to Pierre, S. Dak. ; Niobrara island, which is donated to Niobiaia, 
Nebr. and the separate reservations described in said act, and provides for the dis- 
posal of said restored lands to actual settlers only, under the provisions of the home- 
stead law, with certain modifications, and under the law relating to townsites. Pro- 
vision is made that each settler shall pay for the land taken by him, in addition to the 
fee and commissions on ordinary homesteads, $1.25 per acre for all lands disposed of 
within the first three; years after the taking effect of the act, and the sum of 75 cents 
per acre for all lands disposed of within the next two years following thereafter, and 
50 cents per acre for the residue of the lands then undisposed of. Said additional 
amount should not be collected when the original entry is made, but is required to be 
paid when final proof is tendered. 

The price which actual settlers are required to pay for said lands becomes fixed at 
the date of original entry, and any subsequent settler of land so entered and after- 
wards abandoned will be required to pay the same amount per acre as the settler who 
made the first entry. 

Your attention is directed to the general circular issued by this office January 1, 
1889, pages 13 to 30 inclusive, 42 to 57 inclusive, and 86 to 90 inclusive, as containing 
the homestead laws and official regulations thereunder. These laws and regulations 
will control your action, but modified by the special provisions of the act of March 2, 
1889 (25 Stats., 854). (See circular of March 8, 1889, 8 L. D., 314.) 



PUBLIC LAM'S. 123 

The statute provides for the disposal oi these lands *' to actual i the 

homestead laws only ;" and, while providing that "the rights of honorably dis< barged 
Union soldiers and sailors in the late civil warns defiued and described in 
2304 and 2:^05 of the Revised Statutes (see pages 24, 25, and 26, of said circular of Jan- 
aary 1, 1889) shall not be abridged," except as to the said additional payment, makes 
no mention of sections 2306 and 2307 thereof, under which soldiers and sailors, their 
widows and orphan children, are permitted, with regard to the public lands gener- 
ally, to make additional entries, in certain cases, free from the requirement of actual 
sel i .lenient on 1 lie entered tract. (See pages '-'<> and 27 of said circular.) i\ is there- 
fore held thai soldiers' or sailors' additional entries can not lie made on these late 
under said sections 2306 and 2307 unless the party claiming will, in addition to the 
proof required on pages 26 and 27 of said circular, make affidavit that the en1 
made for actual settlement and cultivation, according to sect ion '22'J], as modi tied by 
sections 23< ; t and 2305 of the Revised Statutes; and the prescribed proof of compliance 
therewith will be required to be produced, and the additional payment prescribed by 
Hum act will be required to be mad* 1 , before the issue of final certificate. 

It is provided in the statute that section 2301 of the Revised Statutes shall not ap- 
ply to the.se lands. (See pages 19 and 88 of said circular of January 1, 1889.) There- 
fore, entries made thereon will not he subject to commutation under that section. 

In allowing entries under the townsite laws yon will be governed by the 
lawsand regulations as contained in tlie circular of instructions relative to town 
on public lands of July 9, 1886. 

Yon are instructed to report filings and entries upon said lands in a separate, dis- 
tinct, and consecutive series, and on separate abstracts, commencing with R. & R. 
No. 1, in each series, and report and account for the money received on account thereof 
in separate monthly and quarterly returns. 

Provision is also made in said section 21 of this act for the purchase by the govern- 
ment of lands unsold at the end of ten years from the taking effect of the act, for the 
reservation of highways around every section of said lands, and for the removal of 
Indians from the islands named in the section ; but these do not appear to call for fur- 
ther remark. 

Section "2°. provides for the disposition of the proceeds of sales of said lands, and does 
not appear to call for further remark. 

Section S.\ provides for entry, under the homestead, pre-emption, or townsite laws, 
within ninety days after the taking effect of the act, by parties who, between . eh 
ruary 27, L885, and April 17, 1885, entered upon or made settlements with intent to 
enter the same, under said laws, upon certain lands of said great reservation therein 
named ; but such settlers are required to comply with I he laws regulating such entries, 
and, as to homesteads, with the special provisions of the act, before obtaining title to 
the lands, and pre-emption claimants are required to reside on their lands the same 
length of time, before procuring title, as homestead claimants under this act. 

You will therefore require each applicant under the provisions of this section to 
show by affidavit, corroborated by two witnesses, that he is qualified to make entry 
under said provisions, giving iu full all the facts in connection wit h his alleged ent ry 
or settlement between said dates. 

Section 24 reserves sections 16 and 36 in every township of said lands for the use and 
benefit of the public schools. You will therefore allow no entries or filings upon said 
sections. 

Section 25 appropriates money for the survey of said lands; section 26 providesthat 
all expenses for the survey, platting, and disposal of said lands shall be borne by the 
United States; section 27 appropriates money to pay lor ponies taken from the In- 
dians; section 2S declares the method by which the act shall become effective; sec- 
tion 29 appropriates money to be used in obtaining the assent of he Indians to the 
provisions of the act: and section 30 repeals all acts or parts of acts inconsistent with 
the provisions of the act. None of these sections appear to call for further remark. 

It is thought that the foregoing will he found sufficient for your guidance in any 
cases that may arise, but should cases containing exceptional features arise you will 
submit the same for special instructions. 

Approved : 

John W. Noble, 

Secretary. 



[Public— No. 148.] 

i 

A~S ACT to divide a portion of the reservation of the Sioux nation of Indiana in Dakota in; 
arate reservations and t«> secure the relinquishment of the Indian title to the remainder, and for 
other purpi 

Be it enacted by the Senate and House of Representatives of the United St( 
in Congress assembled, That the following tract of land, being a part of the greal 
ervation of the Sioux nation, in the Territory of Dakota, is hereby set apart for a 



124 REPORT OF THE SECRETARY OP THE INTERIOR. 

permanent reservation for the Indians receiving rations and annuities at the Pino 
Ridge agency, in the Territory of Dakota, namely : Beginning at the intersection of 
the one hundred and third meridian of longitude with the northern boundary of the 
State of Nebraska ; thence north along said meridian to the south fork of the 
Cheyenne river, and down said stream to the mouth of Battle creek; thence due 
east to White river ; thence down White river to the month of Black Pipe creek on 
White river; thence due south to said north line of the State of Nebraska; thence 
west on said north line to the place of beginning. Also the following tract of bind 
situate in the State of Nebraska, namely : Beginning at a point on the boundary line 
between the State of Nebraska and the Territory of Dakota where the range line be- 
tween ranges, forty-four and forty-rive west of the sixth principal meridian, in the 
Territory of Dakota, intersects said boundary line; thence east along said boundary 
line five miles; thence due south five miles; thence doe west ten miles; thence due 
north to said boundary liue ; thence due east along said boundary line to the place of 
beginning: Provided, That the said tract of land in the State of Nebraska shall be 
reserved, by Executive order, only so long as it may be needed for the use and pro- 
tection of the Indians receiving rations and annuities at the Pine Ridge agency. 

Sec. 2 That the following tract of land, being a part of the said great reservation 
of the Sioux nation, in the Territory of Dakota, is hereby set apart for a permanent 
reservation for the Indians receiving rations and annuities at the Rosebud agency, 
in said Territory of Dakota, namely : Commencing in the middle of the main channel 
of the Missouri river at the intersection of the south line of Brule county; thence 
down said middle of the main channel of said river to the intersection of the ninety- 
ninth degree of west longitude from Greenwich; thence due south to the forty-third 
parallel of latitude; thence west along said parallel to a point due south from the 
mouth of Black Pipe creek; thence due north to the mouth of Black Pipe creek; 
thence down White river to a point intersecting the west line of Gregory county 
extended north ; thence south on said extended west line of Gregory county to the 
intersection of the south liue of Brule county extended west; thence due east on said 
south liue of Brule county extended to the point of beginning in the Missouri river, 
including entirely within said reservation all islands, if any, in said river. 

Sec. 3. That the following tract of land, being a part of the said great reservation 
of the Sioux nation, in the Territory of Dakota, is hereby set apart for a permanent 
reservation for the Indians receiving rations and annuities at the Standing Rock 
agency, in the said Territory of Dakota, namely; Beginning at a point in the center 
of the main channel of the Missouri river, opposite the mouth of Cannon Ball river; 
thence down said center of the main channel to a point ten miles north of the mouth 
of the Moreau river, including also within said reservation all islands, if any, in said 
river; thence due west to the one hundred and second degree of west longitude from 
Greenwich; thence north along said meridian to its intersection with the south branch 
of Cannon Ball river, also known as Cedar creek ; thence down said south branch 
of Cannon Ball river to its intersection with the main Cannon Ball river, and down 
said main Cannon Ball river to the center of the main channel of the Missouri river 
at the place of beginning. 

Sec. 4. That the following tract of land, being a part of the said great reserva- 
tion of the Sioux nation, in the Territory of Dakota, is hereby set apart for a perma- 
nent reservation for the Indians receiving rations and annuities at the Cheyenne 
river agency, in the said Territory of Dakota, namely; Beginning at a point in the 
center of the main channel of The Missouri river ten miles north of the mouth of the 
Moreau river, said point being the southeastern corner of the Standing Rock reser- 
vation; thencedown said center of the main channel of the Missouri river, including 
also entirely within said reservation all islands, if any, in said river, to a point oppo- 
site the mouth of the Cheyenne river; thence west to said Cheyenne river, and up 
tin 1 same to its intersection with the one hundred and second meridian of longitude ; 
thence north along said meridian to its intersection with a line due west from a point 
in the Missouri river ten miles north of the mouth of the Moreau river ; thence due 
east to the place of beginning. 

Sec. 5. That the following tract of land, being a part of the said great reserva- 
tion of the Sioux nation, in the Territory of Dakota, is hereby set apart for a perma- 
nent reservation for the Indians receiving rations and annuities at the Lower Brule 
agency, in said Territory of Dakota, namely: Beginning on the Missouri river at 
Old Fort George ; thence running due west to the western boundary of Presho county ; 
thence running south on said western boundary to the forty-fourth degree of latitude; 
thence on said forty-fourth degree of latitude to western boundary of township num- 
ber seventy-two; thence south on said township western line to an intersecting line 
running due west from Fort Lookout; thence eastwardly on said line to the center 
of the main channel of the Missouri river at Fort Lookout; thence north in the 
center of the main channel of the said river to the original starting point. 

Sec. 6. That the following tract of land, being a part of the great reservation of the 
Sioux nation, in the Territory of Dakota, is hereby set apart for a permanent reserva- 



PUBLIC LANDS. ~ 125 

tion for the Indians receiving rations and annuities at the Crow Creek agency, in 
said Territory of Dakota, p&mely: The whole of township one hundred and six, range 
seventy ; township one hundred and seven, range seventy-one ; township one hundred 
and eight, range seventy-one ; township out; hundred and eight, range seventy-two; 
township one hundred and nine, range seventy-two, and the south half of township 
one hundred and nine, range seventy-one, and all except sections one, two, three, 
four, nine, ten, eleven, and l welve oftownship one hundred and seven, range seventy, 
and such parts as lie on the east or left hank of the Missouri river, of the following 
townships, namely: Township one hundred and six, range seventy-one; township 
one hundred and seven, range seventy-two ; township one hundred and eight, range 
sevonty-three ; township one hundred and eight, range seventy-four; township one 
hundred and eight, range seventy-five ; township one hundred and eight, range 
seventy-six; township one hundred anil nine, range seventy three ; township one, 
hundred and nine, range seventy -four; south half of township one hundred and nine, 
range seventy-five, and township one hundred and seven, range seventy-three; also 
the west half of township one hundred and six, range sixty-nine, and sect ions six- 
teen, seventeen, eighteen, nineteen, tweuty, twenty- one, twenty-eight, twenty-nine, 
Thirty, thirty-one, thirty-two, and thirty-three, of township one hundred and seven, 
range sixty- nine. 

Sec. 7. That eacli member of the Santee Sioux tribe of Indians now occupying a 
reservation in the State of Nebraska not having already taken allotments shall he 
entitled to allotments upon said reserve in Nehraska as follows: To each head of a 
family, oner quarter of a section ; to each single person over eighteen years of age, 
one-eighth of a section; to each orphan child under eighteen years, one-eighth of a 
section; to each other person under eighteen years of age now living, one-sixteent h 
of a section ; with title thereto, in accordance with the provisions of article six of 
the treaty concluded April twenty-ninth, eighteen hundred and sixty-eight, and the 
agreement with said Santee Sioux approved February tvventy-ei.ulith, eighteen hun- 
dred and seventy-seven, and rights under the same in all other respects conforming 
to this act. And said Santee Sioux shall be entitled to all other benefits under this 
act in the same manner and with the same conditions as if they were residents upon 
said Sioux Reservation, receiving rations at one of the ageucies herein named: Pro- 
vidtd, That all allotments heretofore made to said Santee Sioux in Nebraska are here- 
by ratified and confirmed; and each member of the Flandreau hand of Sioux Indians 
is hereby authorized to take, allotments on the Great Sioux Reservation, or in lieu 
therefor shall be paid at the rate of one dollar per acre for the land to which they 
would he entitled, to be paid out of the proceeds of lands relinquished under this 
act. which shall boused under the direction of the Secretary of the Interior ; and 
said Flandreau baud of Sioux Indians is in all other respects entitled to the benelits 
of this act the same as if receiving rations and annuities at any of the agencies afore- 
said. 

Sec. 8. That the President is hereby authorized and required, whenever in his 
opinion any reservation of such Indians, or any part thereof, is advantageous for 
agricultural or grazing purposes, and the progress in civilization of the Indians re- 
ceiving rations on either or any of said reservations shall be such as to encourage the 
belief that an allotment in severalty to such Indians, or any of them, would be for 
the best interesl of said Indians, to cause said reservation, or so much thereof as is 
necessary, to be surveyed, or resurveyed, and to allot the lands in said reservation in 
severalty to the Indians located thereon as aforesaid, in quantities as follows : To each 
head of a family, three hundred and twenty acres; to each Bingle person over 
eighteen years of age, one-fourth of a section; to each orphan child under eighteen 
years of age, one-fourth of a section ; and to each other person under eighteen years 
now living, or who may be born prior to the date of the order of the President direct- 
ing an allotmemt of the lands embraced in any reservation, one-eighth of a section. 
In case there is not sufficient land in either of said reservations to allot lands to each 
individual of the classes above named in quantities as above provided, the lands em- 
braced in such reservation or reservations shall be allotted to each individual of each 
said classes pro rata in accordance with the provisions of this act: Provided, That 
where the lands on any reservation are mainly valuable for grazing purposes, an addi- 
tional allotment of such grazing lands, in quantities as above provided, shall be made 
to each individual ; or in ease any two or more Indians who may be entitled to allot- 
ments shall so agree, the President may assign the grazing lands to which they may 
be entitled to them in one tract, an i to he held and used in common. 

Sec. 9. That all allotments set apart under the provisions of this act shall be 
selected by the Indians, heads of families selecting for their minor children, and 
the ageuts shall select for each orphan child, and in such manner as to embrace the im- 
provements of the Indians making the selection. Where the improvements of two 
or more Indians have been made on the same legal subdivision of land, unless they 
shall otherwise agree, a provisional line may be run dividing said lands between 
them, and the amount to which each is entitled shall be equalized in the assignment 



126 REPORT OF THE SECRETARY OF THE INTERIOR. 

of the remainder of the laud to which they are entitled under this act: Provided, 
That if any one entitled to an allotment shall fail to make a selection within live 
years after the President shall direct that allotments maybe made on a particular 
reservation, the Secretary of the Interior may direct the agent of such tribe or band, 
if such there be, and if there be no agent j then a special agent appointed for that 
purpose, to make a selection for such Indian, which selection shall be allotted as in 
cases where selections are made by the Indians, and patents shall issue in like man- 
ner : Provided, That these sections as to the allotments shall not be compulsory with- 
out the consent of the majority of the adult members of the tribe, except that the 
allotments shall be made as provided for the orphans. 

Sec. 10. That the allotments provided for in this act shall be made by special 
agents appointed by the President for such purpose, and the agents in charge of 
the respective reservations oh which the allotments are directed to be made, under 
such rules and regulations as the Secretary of the Interior may from time to time 
prescribe, aud shall be certified by such agents to the Commissioner of Indian Affairs, 
in duplicate, one copy to be retained in the Indian Office and the other to be trans- 
mil red to the Secretary of the Interior for his action, and to be deposited in the Gen- 
eral Land Office. 

Sec. 11. That upon the approval of the allotments provided for in this act by the 
Secretary of the Interior, he shall cause patents to issue therefor in the name of 
allottees, which patents shall be of the legal effect, and declare that the United 
States does and will hold the lands thus allotted for the period of twonty-iivo years, 
in trust, for the sole use and benefit of the Indian to whom such allotment snail have 
been made, or, in case of his decease, of his heirs according to the laws of the State 
or Territory where such laud is located, and that at the expiration of said period the 
United Stjate.s will convey the same by patent to said Indian, or his heirs, as afore- 
said, in fee, discharged of said trust and free of all charge or incumbrance whatso- 
ever, and patents shall issue accordingly. And each and every allottee under I his 
act shall be entitled to all the rights and privileges and be subject to all the provisions 
of section six of the act approved February eighth, eighteen hundred and eighty- 
seven, entitled "An act to provide for the allotment of lands in severalty to Indians 
on the various reservations, and to extend the protection of the laws of the United 
States and the Territories over the Indians and for other purposes." Provided, That 
the President of the United States may in any case, in his discretion, extend the 
period by a term not exceeding ten years; and if any lease or conveyance shall be 
made of tin: lauds set apart and allotted as herein provided, or any contract made 
touching ihe same, before the expiration of the time above mentioned, such lease or 
conveyance cr contract shall be absolutely null and void : Provided, funhef, That the 
law of descent and partition in force in the State or Territory where the lands may 
be' situated shall apply thereto after patents thereto)- have been executed and de- 
livered. Each of the patents aforesaid shall be recorded in the General Laud Office, 
and afterward delivered, free of charge, to the allottee entitled thereto. 

Sjoc. 12. That at anytime after lands have been allotted to all the Indians of any 
tribe as herein provided, or sooner, if in the opinion of 1 he President it shall be for the 
besl interests of said tribe, it shall be lawful for the Secretary of the Interior to nego- 
with such Indian tribe for the pun base and release by said tribe, in conformity 
with fchetreatj or statute under which such reservation is held, of such portions of its 
reservation not allotted as such tribe shall, from time to time, consent to sell, on 
such terms aud conditions as shall be considered just ami equitable between 
tin- United States and said tribe of Indians, which purchase shall not be completed 
until ratified by Congress: Provided, however, That all lands adapted fco agriculture, 
with or without irrigation, so sold or released to the United States by any Indian 
tribe, shall be held by the United States for the sole purpose of securing homes to 
actual settlers, and shall be disposed of by the United States to actual and bona fide 
settlers only in tracts not exceeding one hundred and sixty acres to any one person, 
on such terms as Congress shall prescribe, subject to grants which Congress may make 
in aid of education : And provided, further, That no patents shall issue therefor except 
to the person so taking the same, as and for a homestead, or his heirs, and after the 
expiration of five years' occupancy thereof as such homestead; and any conveyance 
of said Lands so taken as a homestead, or any contract touching the same, or lien 
tin reon, created prior to the date of such patent, shall be null and void. And the 
sums agreed to be paid by tin? United Stares as purchase money for any portion of 
any such reservation shall be held in the Treasury of the United States for the sole 
use of Ihe tribe or tribes of Indians to whom such reservation belonged ; and the same, 
with interest thereon at live per centum per annum, shall be at all times subject to 
appropriation by Congress for the education and civilization of such tribe or tribes of 
Indians, or the members thereof. The patents aforesaid shall be recorded in the 
General Land Office, and afterward delivered, free of charge, to the allottee entitled 
thereto. 

Skc 13. That any Indian receiving and entitled to rations and annuities at either 



PUBLIC LANDS. 127 

of tlio agencies mentioned in iliis acl at the time 1 1 *<•» same shall take effect, but re- 
siding npon any portion of said great reservation not included in either of the sepa- 
rate reservations herein established, may, at his option, within one year from the 
time when this acl shall take effect, and within one year after he has been notified of 
his said right of opt ion in such manner as the Secretary of the Interior shall direct by 
recording his (diet ion with the proper agenl at the agency to which he belongs, have 

the allotment to which he would be Otherwise cut it led on one of said separate I i 
vat ions upon the land where such Indian may then reside, sneh allotment in ali other 
respects to conform to the allotments hereinbefore provided. Each member of the 
Ponca tribe of Indians now occupying a part of the old Ponca Reservation, within 
the limits of the said Great Sioux Reservation, shall he entitled to allotments upon 
said old Ponca Reservation as follows: To each head of a family, three hundred and 
twenty acres; to eaci single person over eighteen years of age, one-fourth of a sec- 
tion : to each orphan child under eighteen years of age, one-fourth ol a section ; and 
to each otherperson under eighteen years of age now living, one-eighth of a section, 
with a title thereto and rights under the same in all other respects conforming to this 
act. And said Poncas shall be entitled to all other benefits under this act in the sumo 
manner and with the same conditions as if they were part of the Sioux nation re- 
ceiving rations at one of the agencies herein named, When allotments to the Ponca 
tribe of Indians and to such other Indians as allotments are provided for by this act 
shall have been made upon that portion of said reservation which is described in the 
net entitled "An act to extend the northern boundary of the State of Nebraska," ap- 
proved March twenty-eighth, eighteen hundred and eighty-two, the President shall, 
in pursuance of said act, declare that the Indian title is extinguished to all lands de- 
scribed in said act not so allotted hereunder, and thereupon all of said land not so 
allotted and included in said actof March twenty-eighth, eighteen hundred and eighty- 
two, shall be open to settlement as provided in this act: Provided, That the allot- 
ments to Ponca and other Indians authorized by this act to bemadeupon the hind 
described in the said act entitled "An act to extend the northern boundary of t he State 
of Nebraska " shall be made within six months from the time this act shall take effect. 

Sec. 14. That in cases where the use of water for irrigation is necessary to render 
the lands within any Indian reservation created by this act available for agricultural 
purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe 
such rules and regulations as he may deem necessary to secure a just and equal dis- 
tribution thereof among the Indians residing upon any such Indian reservation created 
by this act ; and no other appropriation or grant of water by any riparian proprietor 
shall be authorized or permitted to the damage of any other riparian proprietor. 

Sec. 15. That if any Indian has, under and in conformity with the provisions of the 
treaty with the great Sioux nation concluded April tw T enty-ninth, eighteen hundred 
atid sixty-eight, and proclaimed by the President February twenty-fourth, eighteen 
hundred and sixty-nine, or any existing law, taken allotments of land within or with- 
out the limits of any of the separate reservations established by this act, such allot- 
ments are hereby ratified and made valid, and such Indian isentitled to a patent therefor 
in conformity with the provisions of said treaty and exist ing law and of the provisions 
of litis act in relation to patents for individual allotments. 

Sec. It). That the acceptance of this act by the Indians in manner and form as re- 
quired by the said treaty concluded between the different bauds of tiie Sioux nation 
of Indians and the United States, April twenty-ninth, eighteen hundred and sixty - 
eight, and proclaimed by the President February twenty-fourth, eighteen hundred 
and sixty-nine, as hereinafter provided, shall be taken and held to be a release of all 
title, on the part of the Indians receiving rations and annuities on each of the said 
sepat ate reservations, to the lands described in each of (lie other separate reserva- 
tions so created, and shall be held to confirm in the Indians entitled to receive rations 
at each of said separate reservations, respectively, to their separate and exclusive 
use and benefit, all the title and interest of every name and nature secured therein to 
the different bands of the Sioux nation by said treaty of April twenty-ninth, eighteen 
hundred and sixty-eight. This release shall not affect the title of any individual In- 
dian to his separate allotment on land not included in any of said separate reserva- 
tions provided for in this act, which title is hereby confirmed, nor any agreement 
heretofore made with the Chicago, Milwaukee and Saint Paul Railroad Company or 
the Dakota. Central Railroad Company for a right of way through said reservation, 
and for any lands acquired by any such agreement to be used in connection i herewith, 
except as hereinafter provided; but the Chicago, Milwaukee and Saint Paul Railway 
Company and the Dakota Central Railroad Company shall, respectively, have the 
right to take and use, prior to any white person and to any corporation, the right of 
way provided for in said agreements, with not to exceed twenty acres of land in ad- 
dition to the right of way, for stations for every ten miles of road ; and said companies 
shall also, respectively, have the right to take and use for right of way, side-track, 
'depot, and station privileges, machine-shop, freight house, round-house, and yard 
facilities, prior to any white person and to any corporation or association, so much 



128 REPOKT OF THE SECRETARY OF THE INTERIOR. 

of the two separate sections of land embraced in said agreements; also, the former 
company so mncb of the one hundred and eighty-eight acres, and the latter company 
so much of the seventy-five acres, on the cast side of the Missouri river, likewise em- 
braced in said agreements, as the Secretary of (he Interior shall decide to have been 
agreed npon and paid for by said railroad, and to be reasonably necessary upon each 
side of said river lor approaches to the bridge of each of said companies to be con- 
structed across the river, for right of way, side-track, depot and station privileges, 
machine-shop, freight-house, round-house, and yard facilil ies, and no more j Provided, 
That the said railway companies shall have made the payments according to the 
terms of said agreements for each mile of right of way and each acre of land for rail- 
way purposes, which said companies take and use under the provisions of this act, 
and shall satisfy the Secretary of the Interior to that effect: Provided, further. That 
no part of the lands herein authorized to he taken shall he sold or conveyed except by 
way of sale of or mortgage of the railway itself. Nor shall any of said lands be 
used directly or indirectly for townsite purposes, it being the intent ion hereof that 
said lands shall be hold for general railway uses and purposes only, including stock 
yards, warehouses, elevators, terminal and other facilities of and foi said railways; 

hut nothing herein contained shall he construed to prevent any such railroad com- 
pany from building npon such lands houses for the accommodation or residence of 
their employes, or leasing grounds contiguous to its tracks for warehouse or elevator 
purposes connected with said railways: And provided, further, Tim i said payments 
shall be made and said conditions performed within sis months after this act shall 
take effect: And provided,further, That said railway companies and each of them 
shall, wit hin nine months after this act lakes effect, definitely locate their respective 
lines of road, including all station grounds and terminals across and upon the lands 
of said reservation designated in said agreements, and shall also, within the said 
period of nine months, file with the Secretary of the Interior ;i map of such definite 
location, specifying clearly the line of road, the several station grounds ami the 
amount of land required for railway purposes, as herein specified, of the said separate 
sections oi land and said tract'- of one hundred and eighty-eight acres and 8ev en ty- 

five acres; and the Secretary of the Interior shall, within three months after the 

tiling of snch map, designate the particular portions of said sections and of said tracts 
of land which the said railway companies, respectively, may take and bold under the 
provisions of this act for railway purposes. Ami tin- said railway companies, and 

each of t hem, shall, within three years after this act takes effect, construct, complete, 

and put in operation their said lines of road; and in case the said lines of road are 
not definitely located and maps of location tiled within the periods hereinbefore pro- 
vided, or in case the said lines of road are not constructed, completed, and put in 
operation within the time herein provided, then, and in either case, the lands granted 
for right of way, station grounds, or other rail w ay purposes, as in this act provided, 
shall, without any further act or ceremony, he declared by proclamation of the Presi- 
dent forfeited, ami shall, w it hout entry or further action on the part of the United 

States, reverl to the United States and be subject to entry under the other provisions 
of this act ; and whenever such forfeiture occurs the Secretary of the tntcrior shall 
ascertain the fact and give (\\u> notice thereof to tin- local land officers, and there- 
upon the lands so forfeited shall be open to homestead entrj under t he provisions of 

t Ills .1 

sic. l?. That it is hereby enacted that the seventh article of the said treaty of 
April twenty-ninth, eighteen hundred and sixty-eight, securing to said Indians the 
benefits of education, subject to such modifications as Congress shall deem most effect- 
ive to secure to said Indians equivalent benefits of such education, shall continue 
in force for twenty years from and aftei the time this act shall take effect; and the 
Secretary of the Interior is hereby authorized ami directed to purchase, from time to 

time, for the use of said Indians, such ami so many American breeding cows of good 
quality, not exceeding twenty-five thousand in number, and bulls of like quality, not 
exceeding one thousand in nnmber, as in his judgment can he under regulations fur- 
nished by him,, cared for and preserved, with their increase, by said Indians : Pro- 

ri<l<tl. That each head of family, or single person over the age of eighteen years, who 
shall have or ma\ hereafter take his or her allotment of land in severalty, shall he 
provided with two milch cows, one pair of oxen, with yoke and chain, or two mares 
and one set of harness in lieu of said oxen, yoke, ind chain, as the Secretary of the 
interior may deem advisable, and they shall also receive one plow, one wagon, one 
harrow, one hoe, one ax, and one- pitchfork, all suitable to the work they may have 
to do, and also fifty dollars in cash; to he expended under the direction of the Sec- 
retary of the Interior in aiding such Indians to erect a house and other buildings 
suitable for residence or the improvement of his allotment ; no sales, barters, or har- 
gains shall he made by any person other than said Indians with each other, of any 
of the personal property hereinbefore provided for, and any viola! ion of this pro- 
vision shall he deemed a misdemeanor, and punished by line not exceeding one hun- 
dred dollars, or imprisonment not exceeding oue year, or both, in the discretion of 



PUBLIC LANDS. 129 

the court : That for two years the necessary seeds shall be provided to plaut five acres 
of ground into different crops, if so much can be used, and provided that in purchase 
of such seed preference shall be given to Indians who may have raised the same for 
sale, and so much money as shall be necessary for this purpose is hereby appropriated 
out of any money in the Treasury not otherwise appropriated; and in addition 
thereto there shall be set apart, out of any money in the Treasury not 
otherwise appropriated, the sum of three millions of dollars, which said sum shall be 
deposited in the Treasury of the United States to the credit of the Sioux nation of 
Indians as a permanent fund, the interest of which, at five per centum per annum, 
shall be appropriated, under the direction of the Secretary of the Interior, to the use 
of the Indians receiving rations and annuities upon the reservations created by this 
act, in proportion to the numbers that shall so receive rations and annuities at the 
time this act takes effect, as follows: One-half of said interest shall be so expended 
for the promotion of industrial and other suitable education among said Indians, and 
the other half thereof in such manner and for such purposes, including reasonable 
cash payments per capita, as, in the judgment of said Secretary, shall, from time to 
time, most contribute to the advancement of said Indians in civilization and self-sup- 
port; and the Santee Sioux, the Flandreau Sioux, and the Ponca Indians shall be 
included in the benefits of said permanent fund, as provided in sections seven and 
thirteen of this act: Provided, That after the government has been reimbursed for 
the money expended for said Indians under the provisions of this act, the Secretary 
of the Interior may, in his discretion, expend, in addition to the interest of the per- 
manent fund, not to exceed ten per centum per annum of the principal of said fund, 
iu the employment of farmers and in the purchase of agricultural implements, teams, 
seeds, including reasonable cash payments per capita, and other articles necessary to 
assist them in agricultural pursuits; and he shall report to Congress in detail each 
year his doings hereunder. And at the end of fifty years from the passage of this act, 
said fund shall be expended for the purpose of promoting education, civilization, and 
self-support among said Indians, or otherwise distributed among them as Congress 
shall from time to time thereafter determine. 

Sec. 18. That if any land in said Great Sioux Reservation is now occupied and used 
by any religious society for the purpose of missionary or educational w r ork among said 
Indians, w r hether situate outside of or within the lines of any reservation constituted 
by this act, or if any such land is so occupied upon the Santee Sioux Reservation, in Ne- 
braska, the exclusive occupation and use of said land, not exceeding one hundred and 
sixty acres in any onetract, ishereby, with the approval of the Secretary of the Interior, 
granted to any such society so long as the same shall be occupied and used by such 
society for educational and missionary work among said Indians; and the Secretary 
of the Interior is hereby authorized and directed to give to such religious society pat- 
ent of such tract of land to the legal effect aforesaid ; and for the purpose of such ed- 
ucational or missionary work any such society may purchase, upon any of the 
reservations herein created, any land not exceeding in any one tract one hundred and 
sixty acres, not interfering with the title in severalty of any Indian, and with the 
approval of and upon such terms, not exceeding one dollar and twenty-five cents an 
acre, as shall be prescribed by the Secretary of the Interior. And the Santee Normal 
Training Sfchool may, in like manner, purchase for such educational or missionary work 
on the Santee Reservation, in addition to the foregoing, in such location and quantity, 
not exceeding three hundred and twenty acres, as shall be approved by the Secretary 
of the Interior. 

Sec. 19. That all the provisions of the said treaty with the different bands of the 
Sioux nation of Indians concluded April twenty-ninth, eighteen hundred and sixty- 
eight, and the agreement with the same approved February twenty-eighth, eighteen 
hundred and seventy-seven, not in conflict with the provisions and requirements of 
this act, are hereby continued in force according to their tenor and limitation, any- 
thing in this act to the contrary notwithstanding. 

Sec. 20. That the Secretary of the Interior shall cause to be erected not less than 
thirty school-houses, and more, if found necessary, on the different reservations, at 
such points as he shall think for the best interest of the Indians, but at such distance 
only as will enable as many as possible attending schools to return home nights, as 
white children do attending district schools : And provided, That any white children 
residing iu the neighborhood are entitled to attend the said school on such terms as 
the Secretary of the Interior may prescribe. 

Sec. 21. That all the lands in the Great Sioux Reservation outside of the separate 
reservations herein described are hereby restored to the public domain, except Amer- 
ican island, Farm island, and Niobrara island, and shall be disposed of by the 
United States to actual settlers only, under the provisions of the homestead law (ex- 
cept section two thousand three hundred and one thereof) and under the law relating 
to townsites: Provided, That each settler, under and in accordance with the provis- 
ions of said homestead acts, shall pay to the United States, for the land so taken by 
him, in addition to the fees provided by law, the sum of one dollar and twenty five 

INT 90— VOL I 9 



1,°)0 REPORT OF THE SECRETARY OF THE INTERIOR. 

cents per acre for all lauds disposed of within the first throe years after the taking 
effect of; this act, and the sum of seventy-five cents per acre Cor all lands disposed 01 
within the next two years following thereafter, and fifty cents per acre for the resi- 
due of the lands then undisposed of, and shall he entitled to a patent therefor accord- 
ing to said homestead laws, and after the full payment, of said sums: hut the rights 
of honorably discharged Union soldiers and sailors in the late civil war, as defined 
and described in sections twenty-three hundred and four and twenty-three hundred 
and live of the Revised Statutes of the United States, shall not be abridged, except 
as to said sums: Provided, That all lands herein opened to sel I Lenient under this act 
remaining undisposed of at the end of ten years from the taking effect of this act shall 
be taken and accepted by the United States and paid for by said United States at 
fifty ceuts per acre, which amount shall be added to and credited to said Indians as 
part of their permanent fund, and said lands shall thereafter be part of the public 
domain of the United States, to be disposed of under the homestead laws of the 
United States, and the provisions of this act ; and any conveyance of said lands so 
taken as a homestead, or any contract touching the same, or lien thereon, created 
prior to the date of final entry, shall be null and void : Provided, That there shall be 
reserved public highways four rods wide around every section of land allotted, or 
opened to settlement by this act, the section lines being the center of said highways; 
but no deduction shall be made in the amount to be paid for each quarter-section of 
land by reason of such reservation. But if the said highway shall be vacated by any 
competent authority the title to the respective strips shall inure to the then owner 
of the tract of which it formed a part by the original survey: And provided, further, 
That nothing in this act contained shall be so construed as to affect the rightof Con- 
gress or of the government of Dakota to establish public highways, or to grant to 
railroad companies the right of way through said lands, or to exclude the said lands, 
or any thereof, from the operation of the general laws of the United States now in 
force granting to railway companies the rightof way and depot grounds over and upon 
the public lands. American island, an island iu the Missouri river, near Cham- 
berlain, in the Territory of Dakota, and now a part of the Sioux Reservation, is 
hereby donated to the said city of Chamberlain : Provided, further, That said city of 
Chamberlain shall formally accept the same within one year from the passage of this 
act, upon the express condition that the same shall he preserved and used for all time 
entire as a public park, and for no other purpose, to which all persons shall have free 
access ; and said city shall have authority to adopt all proper rules and regulations for 
tire improvement and care of said park; and upon the failure of any of said conditions 
the said island shall revert to the United States, to be disposed of by future legislation 
only. Farm island, an island in the Missouri river near Pierre, in the Territory of 
Dakota, and now a part of the Sioux Reservation, is hereby donated to the said city of 
Pierre : Provided, further, That said city of Pierre shall formally accept the same within 
one year from the passage of this act, upon the express condition that the same shall 
be preserved and used for all time cut ire as a public park, and for no other purpose, to 
which all persons shall have free access; and said city shall have authority to adopt 
all proper rules and regulations for the improvement and care of said park ; and upon 
the failure of any of said conditions the said island shall revert to the United States, 
to be disposed of by future Legislation only. Niobrara island, an island in the Nio- 
brara river, near Niobrara, and now a part of the Sioux Reservation, is hereby donated 
to the said city of Niobrara : J'rovidi d. further, That the said city of Niobrara shall for- 
mally accept the same within one year from the passage of this act, upon the express 
condition that the same si all be preserved and used for all time entire as a public park, 
and for no other purpose, to which all persons shall have free access; and said city 
shall have authority to adopt all proper rules and regulations for the improvement and 
care of said park ; and upon the failure of any of said conditions the said island shall 
revert to the United States, to be disposed of by future legislation only : And provided, 
further, That if any full or mixed blood Indian of the Sioux nation shall have located 
upon Farm island, American island, or Niobrara island before the date of the passage 
of this act, it shall be the duty of the Secretary of the Interior, within three months 
from the time this act shall have taken effect, to cause all improvements made by any 
such Indian so located upon either of said islands, and all damage that may accrue to 
him by a removal therefrom, to be appraised, and upon the payment of the sum so 
determined, within six months after not ice thereof by the city to which the island is 
herein donated to such Indian, said Indian shall be required to remove from said 
island, and shall be entitled to select instead of such location his allot ment according 
to the provisions of this act upon any of the reservations herein established, or upon 
any land open to settlement by this act not already located upon. 

Sec. 22. That all money accruing from the disposal of lands in conformity with this 
act shall be paid into the Treasury of the United States and be applied solely as fol- 
lows : First, to the reimbursement of the Uuited States for all necessary actual expend- 
itures contemplated and provided for under the provisions of this act, and the crea- 



PUBLIC LANDS. 131 

tion of the permanent fund hereinbefore provided; and after such reimbursement to 
the increase of said permanent fund for the purposes hereinbefore provided. 

Sec. 23. Thai all persons who, between the twenty •seventhdaj' of February, eighteen 
hundred and eighty-five, and the seventeenth daj of April, eighteen hundred and 
eighty-five, in good faith, entered upon or made settlements with intent to enter the 
same under the homestead or pre-emption laws of the United States upon any part of 
the ■ (ireat Sioux Reservation lying east of the Missouri river, and known as the Crow 
Creel: and Winnebago Reservation, which, by the President's proclamation of date, 
Februarj twenty-seventh, eighteen hundred and eighty five, was declared to be open 
to settlement, and not included in the oew reservation established by section six of 
this act, and who, being otherwise Legallj entitled to make such entries, located or 
attempted to locate thereon homestead, pre-emption, or townsite claims, by actual 
set (lenient and improvement of any portion of such I. aids, shall, for a period of ninety 
days alter the proclamation of the ['resident required to be made by this act, have a 
righi tore-enter apon said claims and procure title thereto underthe homestead or 
pre-emption laws of the United States, and complete the same as required therein, 
and their said claims shall, forsuch tune, have a preference over later entries; and 
when they shall have in other respects shown themselves entitled and shall have com- 
plied with, the law regulating such entries, and, as to homesteads, with the special 
provisions of this act, they shall be entitled to have said lands, and patents therefor 
shall be issued as in like eases: Provided, That pre-emption claimants shall reside on 
their lands the same length of time before procuring title as homestead claimants 
under this act. The price to be paid for townsite entries shall be such as is required 
by law in other cases, and shall be paid into the general fund provided for by this act. 

Sec. 24. That sections sixteen and thirty-six of each township of the lands open to 
settlement underthe provisions of this act, whether surveyed or unsurveyed, are hereby 
reserved for the use and benefit of the public schools, as provided by the act organiz- 
ing the Territory of Dakota ; and whether surveyed or unsurveyed said sections shall 
not be subject to claim, settlement, or entry under the provision of this act or any of 
the land la ws of the United States: Provided, however, That the United States shall pay 
to said Indians, out of any moneys in the Treasury not otherwise appropriated, the 
sum of one dollar and twenty-five cents per acre for all lands reserved under the pro- 
visions of this section. 

Sec. '^r>. That there is hereby appropriated the sum of one hundred thousand dollars, 
out of any money in the Treasury not otherwise appropriated, or so much thereof as 
may be necessary, to be applied and used towards surveying thelands herein described 
as being open for settlement, said sum to be immediately available; which sum shall 
not be deducted from the proceeds of lands disposed of under this act. 

Sec. 26. That all expenses for the surveying, platting, and disposal of the lands 
open to settlement under this act shall be borne by the United States, and notdeducted 
from the proceeds of said lands. 

Sec. 27. That the sum of twenty-eight thousand two hundred dollars, or so much 
thereof as may be necessary, be and hereby is appropriated out of any money in the 
Treasury not otherwise appropriated, to enable the Secretary of the Interior to pay 
to such individual Indians of the Red Cloud and Red Leaf bauds of Sioux as he shall 
ascertain to have been deprived, by the authority of the United States of ponies in 
the year eighteen hundred and seventy-six, at the rate of forty dollars for each pony ; 
and he is hereby authorized to employ such agent or agents as he may deem necessary 
in ascertaining such facts as will enable him to carry out this provision, and to pay 
them therefor such sums as shall be deemed by him fair and just compensation : Pro- 
vided, That the sum paid to each individual Indian under this provision shall be taken 
and accepted by such Indian in full compensation for al! loss sustained by such Indian 
in consequence of the taking from him of ponies as aforesaid: And provided, farther, 
That if any Indian entitled to such compensation shall have deceased, the sum to 
which such Indian would be entitled shall be paid to his heirs-atdaw, according to 
the laws of the Territory of Dakota. 

Sec 28. That this act shall take effect only upon the acceptance thereof and con- 
sent thereto by the different bands of the Sioux nation of Indians, in manner and 
form prescribed by the twelfth article of the treaty between the United States and 
said Sioux Indians concluded April twenty-ninth, eighteen hundred and sixty-eight, 
v Inch said acceptance and consent shall be made known by proclamation by the 
President of the United States, upon satisfactory proof presented to him that the 
same has been obtained in the manner and form required by said twelfth article of 
said treaty; which proof shall be presented to him within one year from the passage 
of this act; and upon failure of such proof and proclamation this act becomes of no 
effect and null and void. 

Sec. 29. That there is hereby appropriated, out of any money in the Treasury not 
otherwise appropriated, the sum of twenty-live thousand dollars, or so much thereof 
as may be necessary, which sum shall be expended, under the direction of the Secre- 



132 REPORT OF THE SECRETARY OF THE INTERIOR. 

tary of the Interior, for procuring the assent of the Sioux Indians to this act provided 
in section twenty-seven. 

Sec. 30. That all acts and parts of acts inconsistent with the provisions of this act 
are hereby repealed. 

Approved March 2, 1889. 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 
A PROCLAMATION. 

Whereas it is provided in the act of Congress, approved March second, eighteen 
hundred and eighty-nine, entitled "An act to divide a portion of the reservation of 
the Sioux nation of Indians in Dakota into separate reservations and to .secure the 
relinquishment of the Indian title to the remainder, and for other purposes," " that 
this act shall take effect only upon the acceptance thereof and consent thereto by 
the different bands of the Sioux nation of Indians, in manner and form prescribed 
by the twelfth article of the treaty between the United States and said Sioux Indians 
concluded April twenty-ninth, eighteen hundred and sixty-eight, which said accept- 
ance and consent shall be made known by proclamation by the President of the 
United States, upon satisfactory proof presented to him that the same has been ob- 
tained in the manner and form required by said twelfth article of said treaty ; which 
proof shall be presented to him within one year from the passage of this act; and 
upon failure of such proof and proclamation this act becomes of no effect and null 
and void," and 

Whereas satisfactory proof has been presented to me that the acceptance of and 
consent to the provisions of the said act by the different bands of the Sioux nation 
of Indians have been obtained in manner and form as therein required : 

Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of 
the power in me vested, do hereby make known and proclaim the acceptance of said 
act by the different bands of the Sioux nation of Indians, and the consent thereto by 
them as required by the act, and said act is hereby declared to be in full force and 
effect, subject to all the provisions, conditions, limitations and restrictions therein 
contained. 

All persons will take notice of the provisions of said act, and of the conditions, 
limitations and restrictions therein contained, and be governed accordingly. 

I furthermore notify all persons to particularly observe that by said act certain 
tracts or portions of the great reservation of the Sioux nation, in the Territory of 
Dakota, as described by metes and bounds, are set apart as separate and permanent 
reservations for the Indians receiving rations and annuities at the respective agencies 
therein named ; 

That any Indian receiving and entitled to rations and annuities at either of the 
agencies mentioned in this act at the time the same shall take effect, but residing 
upon any portion of said great reservation not included in either of the separate 
reservations herein established, may at his option, within one year from the time 
when tliis act shall take effect, and within one year after he has been notified of his 
said right of option in such manner as the Secretary of the Interior shall direct, by 
recording his election with the proper agent at the agency to which he belongs, have 
the allotment to which he would be otherwise entitled on one of said separate reserva- 
tions upon the land where such Indian may then reside; 

That each member of the Ponca tribe of Indians now occupying a part of the old 
Ponca Reservation, within the limits of the said Great Sioux Reservation, shall be en- 
titled to allotments upon said old Ponca Reservation, in quantities as therein set forth, 
and that when allotments to the Ponca tribe of Indians, and to such other Indians as 
allotments are provided for by this act, shall have been made upon that portion of 
said reservation which is described in the act entitled "An act to extend the northern 
boundary of the State of Nebraska," approved March twenty-eight, eighteen hundred 
and eighty-two, the President shall, in pursuance of said act, declare that the Indian 
title is extinguished to all lands described in said act not so allotted hereunder, and 
thereupon all of said land not so allotted and included in said act of March twenty- 
eight, eighteen hundred and eighty-two, shall be open to settlement as provided in 
this act; 

That protection is guaranteed to such Indians as may have taken allotments either 
within or without the said separate reservations under the provisions of the treaty 
with the great Sioux nation, concluded AfU'il twenty-ninth, eighteen hundred and 
sixty-eight ; and that provision is made in said act'for the release of all title on the 
part of said Indians receiving rations and annuities on each separate reservation to 
the hinds described in each of the other separate reservations, and to confirm in the 
Indians entitled to receive rations at each of said separate reservations, respectively, 
to their separate and exclusive use and benefit, all the title and interest of every name 
and nature secured to the different bands of the Sioux nation by said treaty of April 



PUBLIC LANDS. 133 

twenty- ninth, eighteen hundred and sixty-eight ; and that said release shall noi affect 
the title of any individual Indian to his separate allotment of land not included in any 
of f<aid separate reservations, nor any agreement heretofore made with the Chicago, 
Milwaukee and Saint Paul Railroad Company or the Dakota Central Railroad Com- 
pany respecting certain lands for right of way, station grounds, etc., regarding which 
certain prior rights and privileges are reserved to and for the use of said railroad com- 
panies, respectively, upon the terms and conditions set forth in said act; 

That it is therein provided that if auy land in said Great Sioux Reservation is oc- 
cupied and used by any religious society at the date of said act for the purpose of 
missionary or educational work among the Indians, whether situate outside of or 
within the limits of any of the separate reservations, the same, not exceeding one 
hundred and sixty acres in any one tract, shall be granted to said society for the pur- 
poses and upon the terms and conditions therein named, and 

Subject to all the conditions and limitations in said act contained, it is therein 
provided that all the lands in the Great Sioux Reservation outsideof the separate res- 
ervations described in said act, except American island, Farm island, and Niobrara 
island, regarding which islands special provisions are therein made, and sections 
sixteen and thirty -six in each township thereof (which are reserved for school pur- 
poses) shall be disposed of by the United States, upon the terms, at the price, and in 
the manner therein set forth, to actual settlersonly, under the provisions of the home- 
stead law (except section two thousand three hundred and one thereof) and under the 
'law relating to townsites; 

That section twenty-three of said act provides "that all persons who, between the 
twenty-seventh day of February, eighteen hundred and eighty-five, and the sev- 
enteenth day of April, eighteen hundred and eighty-five, in good faith, entered 
upon or made settlements with intent to enter the same under the homestead or 
pre-emption laws of the United States upon any part of the Great Sioux Reserva- 
tion lying east of the Missouri river, and known as the Crow Creek and Winnebago 
Reservation, which, by the President's proclamation of date February twenty-sev- 
enth, eighteen hundred and eighty-five, was declared to be open to settlement, and 
not included in the new reservation established by section six of this act, and who, 
being otherwise legally entitled to make such entries, located or attempted to locate 
thereon homestead, pre-emption, or townsite claims by actual settlement and im- 
provement of any portion of such lands, shall, for a period of ninety days after the 
proclamation of the President required to be made by this act, have a right to re- 
enter upon said claims and procure title thereto under the homestead or pre-emption 
laws of the United States, and complete the same as required therein, and their said 
claims shall, for such time, have a preference over later entries; and when the\ shall 
have in other respects shown themselves entitled and shall have complied with the 
law regulating such entries, and as to homesteads, with the special provisions of this 
act, they shall be entitled to have said lands, and patents therefor shall be issued 
as in like cases : Provided, That pre-emption claimants shall reside on their lands the 
same length of time before procuring title as homestead claimants under this act. 
The price to be paid for townsite entries shall be such as is required by law in other 
cases, and shall be paid into the general fund provided for by this act." 

It is furthermore hereby made known that there has been and is hereby reserved 
from entry or settlement that tract of land now occupied by the agency and school 
buildings at the Lower Brule" agency, to wit : 

. The west half of the southwest quarter of section twenty-four ; the east half of the 
southeast quarter of section twenty-three; the west half of the northwest quarter of 
section twenty-five ; the east half of the northeast quarter of section twenty-six, and 
the northwest fractional quarter of the southeast quarter of section twenty-six ; all 
in township one hundred and four north of range seventy-two, west of the fifth prin- 
cipal meridian; 

That there is also reserved as aforesaid the following described tract within which 
the Cheyenne River Agency, school and certain other buildidgs are located, to wit: 
Commencing at a point in the center of the main channel of the Missouri river oppo- 
site Deep creek, about three miles south of Cheyenne river; thence due west five 
and one-half miles ; thence due north to Cheyenne river ; thence down said river to 
the center of the main channel thereof to a point in the center of the Missouri river 
due east or opposite the mouth of said Cheyenne river; thence down the center of 
the main channel of* the Missouri river to the place of beginning; 

That in pursuance of the provisions contained in section one of said act the tract 
of land situate in the State of Nebraska and described in said act as follows, to wit: 
" Beginning at a point on the boundary line between the State of Nebraska and the 
Territory of Dakota, where the range line between ranges forty- four and forty-live 
west of the sixth principal meridian, in the Territory of Dakota, intersects said boun- 
dary line; thence east along said boundary line five miles; thence due south five miles; 
thence due west ten miles; thence due north to said boundary line ; thence due east 
along said boundary line to the place of beginning," same is continued in a state of 



134 REPORT OF THE SECRETARY OF THE INTERIOR. 

reservation so long as it may be needed for the use and protection of the Indians 
receiving rations and annuities at the Pine Ridge agency. 

Warning is hereby also expressly given to all persons not to enter or make settle- 
ment upon any of the tracts of land specially reserved by tbe terms of said act, or by 
this proclamation, or any portion of any tracts of land to which any individual mem- 
ber of either of the bauds of the Great Sioux nation or the Ponca tribe of Indians 
shall have a preference right under the provisions of said act ; and further, to in no 
wise interfere with the occupancy of any of said tracts by any of said Indians, or in 
any manner to disturb, molest, or prevent the peaceful possession of said tracts by 
them. 

The surveys required to be made of the lands to be restored to the public domain 
under the provisions of the said act, and as in this proclamation set forth will be 
commenced and executed as early as possible. 

In witness whereof I have hereunto set my hand and caused the seal of the United 
States to be affixed. 

Done at the City of Washington this tenth day of February, in the year of our Lord 
one thousand eight hundred and ninety, and of the Independence of the United States 
the one hundred and fourteenth. 

[SEAL.] BENJ. HaREISON. 

By the President : 

James G. Blaine, 

Secretary of State. 



CEDED LANDS OF THE SIOUX RESERVATION. 

[Commissioner Groff to registers and receivers at Pierre, Chamberlain, and Huron, S. Dak., and O'Neill, 

Nebr., March 3, 1800.] 

It has been represented to this department that there are persons who contemplate 
impositions on the Indians now residing upon the ceded lands of the Sioux reserva- 
tion lying in your districts, and entitled at their option to take allotments of the 
lands where they reside, under section 13 of tin; act of March 2, 1839 (25 Stats., 888), 
by inducing the Indians to sell out to them, and thereafter Appropriating to them- 
selves the lauds on which the Indians reside as settlers thereon under the provisions 
of said act. I desire, therefore, to call your attention to this matter, and to say to 
you that it is the duty and intention of this department to protect the Indians as 
fully as possible from any wrong or imposition by which they might be deprived of 
the benefit intended to be secured to them under the law, Whether it have the char- 
acter of open violence or some form of trickery and fraud in the specious guise of 
mutual agreement for exchange of values. In pursuance of this purpose, no pur- 
chase, by white persons, of the settlements or improvements of the Indians will be 
recognized as having any validity, and their right to take allotments of the lands on 
which they reside at their option will be recognized and enforced whenever claimed 
by them within the period of one year prescribed in said section 13, notwithstanding 
any pretended purchase of their improvements that may be set up against them, or 
any allegation that may b< made of their removal from the land and abandonment 
thereof in favor of white claimants. The department will expect the careful, intelli- 
gent, and efficient co-operation of all its employe's in this purpose. You are to this 
end directed to make yourselves acquainted, as far as possible, with the facts con- 
nected with the residences of the Indians on the lands in question, and otherwise 
prepare yourselves to extend protection to them in the discharge of your duties against 
any who may entertain designs against them. 

You will take all means in your power to communicate the substance of these in- 
structions to all persons concerned, that none may be in ignorance; on the subject. 
You will endeavor to prevent any tilings or entries being made in contravention of 
the rights of the Indians, and any tilings or entries that may be made will be treated 
as subject to the Indian right to take allotments as heretofore indicated. 

ABANDONED MILITARY RESERVATIONS. 

Tbe following report, containing information in regard to the aban- 
doned military reservations, may be of some interest: 

[Commissioner Graff to Secretary Noble, AVasbington, February 26, 1890. 

I have the honor to return herewith Senate resolution, dated December 19, 1889, 
asking for information as to the abandoned military reservations relinquished to the 
department by the War Department under the act of July 5, 1884 (23 Stats., 103), and 



PUBLIC LANDS. 



135 



any a< t Bubsequonl thereto, referred to this office on December 20, 1889, by Assistant 
Secretary Bussey, for report in duplicate; and in reply to inolose two statements, in 
duplirati bi-s ely A and B, which afford the desired information, as fai- 

ns bas been ascertained from the records of this office, except as to the reason " why 
the lands in such resen ai ions are do1 surveyed, subdivided, appraised, and sold, and 
what appropriation is needed to survey said Lands that thesamemay be disposed of 
as provided by law." inregard to which you are advised as follows: 

Since January 20, 1887, no additional instructions have been received from the de- 
partment authorizing the survey of the abandoned military reserval ions which have, 
subsequent to thai dale, been transferred to bhe custody of the department for dis- 
posal under the act of duly 5, 1884. 

The entire appropriation of $20,000 (per act approved March :?, 1885, 23 Stats., 499) 
for the survey, appraisal, and sale of abandoned military reservations was exhausted 
in ordering the sun >ys specifically authorized by departmental letter of January 20, 
1887, 

The only reason known to this office why all of the lands embraced in the aban- 
doned and relinquished military reservations, referred to in the Senate resolution, 
have not been surveyed, subdivided, appraised, and sold, is lack of funds out of which 
to pay the necessary expenses incident to compliance with the provisions of the act 
of duly 5, 1884. 

Au estimate of ,$8,000 for this purpose has been included in the estimates for the 
next fiscal year, but this sum was fixed upon with reference to expenses likely to be 
incurred during the fiscal year. It would probably be advisable to have an appropri- 
ation of $20,000 if the intention is to proceed with the work to completion without 
having to wait for a further appropriation. 

I have to state that the delay in making this report has been caused by the neces- 
sity of procuring intormation from the War Department as to the improvements ou 
the several reservations. 

A. — Lint of military reservations, or parts thereof, relinquished by the War Department to 
the, Interim- Department under the provisions of the act of Congress approved July 5, 
1884 (23 State.,' 103). 



Name. 



Whipple barracks (timber reserve), 

Ariz. 
Damp Crittenden, Ariz 



Camp Goodwin, Ariz. 



Camp Grant, Ariz 

Fort Verde (Garden reserve), Ariz. 
Fort Bidwell (portion), Cal 



Camp Cady, Cal 



Camp Independence (post reserve), 

Cal. 
Camp Independence (hay reserve), 

Cal 
Can!}) Independence (wood reserve), 

Cal. 
Fort Yuma, Cal 

Fort Lyon (old), Colo 

Fort Lyon (new), Colo 



Pagosa springs (Old Fort Lewis), 
Colo. 

Pike's peak, Colo 

Cantonment ol Oncompahgre (por- 
tion). Colo. 

Camp on White river, Colo 



Fort Randall (portion), Dak. 



Fort Rice, Dak 

Fort Sisseton (formerly Fort Wads 
worth), Dak. 

Dragoon barracks, L. II., Kla 

Old powder house lot, F la 



Date of relin- 
quishment. 



July 22, 1884 

...do 

....do 



...do 

...do 

Feb. 16,1885 

July 22, 1884 



...do ... 
..do ... 
..do ... 
..do... 



— ao 

Nov. 25,1889 

July 22, 1884 

Jnu. 12,188!) 
.1 uly 22, 1884 



....do 

Apr. 22,1889 



Area in 
acres. 



Nov. 18. 1886 
Mar. 18, 1880 



720. 00 
3, 278. 08 
5, 760. 00 

2,031.70 

3, 000. 00 
123. 26 

1,502.00 

120. 20 

2, 530. 18 

2, 560. 00 

5, 214. 00 

38, 000. 00 

*5, 874. 00 

21, 838. 08 

8,102.00 
*4, 000. 00 

40, 960. 00 

24, 503. 53 

102,400.00 
81, 920. 00 



1.15 
10.29 



Improvements. 



No improvements appear to have been 

transferred. 
One building, valued at $150. One 

building, value not known. 
No improve ments appear to have been 

transferred. 
Do. 
Do. 
Six structures, valued at $1,950 (pre- 
sumed to be private property). 
It was reported in 1870 that there were 

twelve structures ; present condition 

not known. 
No improvements appear to have been 

transferred. 
Do. 

Do. 

Not known, but tract is reserved for 

Indian uses. 
No improvements appear to have been 

transferred. 
Improvements not yet reported by 

War Department . 
No improvements appear to have been 

transferred. 

Do. 
Do. 

Twenty-one structures in all. valued 

at $5,000, if sold with the Land. 
No improvements appear to bave been 

transferred. 
Do. 
Eight brick, 6 atone, 5 frame and 3 log 

buildings, and board walks, all in 

good condition, 

Tract h;is been disposed of. 
Do. 



* Estimated. 



136 REPORT OF THE SECRETARY OF THE INTERIOR. 

A. — List of military reservations, or parts thereof, relinquished, etc. — Continued. 



Name. 


Dateof relin- 
quishment. 


Area in 
acres. 


Improvements. 


Fort Ccetir d'Alene (winter pastur- 


Apr. 27, 1886 


640. 00 


No improvements appear to have been 


age), Idaho. 






transferred. 


Camp Three Forks, Idaho 


July 22, 1884 
Jan. 12,1885 


4, 800. 00 


Do. 


Fort Dodge (remainder), Kans 


12, 000. 00 


Forty-dne structures in all, valued at 








$20,000, if sold with the land. 


Fort Hays, Kans 


Oct. 21,1889 


7, 600. 00 


Forty buildings, valued at$10,050; one 








bridge, valued at $200. 


Fort AVallaee, Kans 


July 22, 1884 


8, 926. 09 


Barracks, quarters, etc., valued at 
$15,000, if sold with the land. 


Baton Rouge barracks, La 


Sept. 6,1884 


44. 17 


Disposed of. 


Ten reservations on the Gulf coast, 








Louisiana, as follow s : 








Reservation near the eastern 


Sept. 23, 1886 


*720. 00 


No improvements appear to have been 


mouth of Bayou La Fourche. 






transferred. 


Reservation near the westeim 


...do 


*700. 00 


Do. 


mouth of Bayou La F'ourche. 








Reservation ou Bay plat 


....do 


100. 00 


Do. 


Reservation near the western 


....do 


437. 93 


Do. 


entrance to Caminada liny. 








Reservation near the Pass, at 


...do 


*324. 00 


Do. 


the eastern end of Grand 








Terre island. 








Reservation near the mouth of 


....do 


347. 46 


Do. 


Quatre Bayoti pass. 








Reservation at Bastian bay 


....do 


392. 46 


Do. 


Reservation in-at' Bastian hay, 


....do 


1, 217. 35 


Do. 


comprising part "t sees. 22, 








r.',. and 2<i. and all of sees. 27 








and 35, T. 21 S , II. 28 E. 








Reservation near Bastian bay, 


....do 


1, 601. 82 


Do. 


comprising part ot sees. 4 and 








5 ami all of sees. 6, 7, and 8, 








T. 22 S., R.29 E. 








Reservation near Bastian hay, 


....do 


329. 77 


Do. 


comprising part of sees. 1 1 








and 15 and all of sees. 22, 23, 








and 24, T.21S..R. 27 E. 








Fort Sullivan. Me 


Julv 22,1884 


12. 50 


Do. 


Bois Blane island, Mich 


...do 


9, 199. 43 
148.35 


Do. 


Fort Wilkins, -Mich 


....do 


Nineteen structures in all, value not 








known. 


Island in Missouri river, Mo 


...do 


54.70 


No improvements appear to have been 








transferred. 


Fort Ellis, Mont 


J uly 26, 188G 


32,116.10 


Tvvcni y-l'our structures in all, value 
not known. 




Fort Hartsuff. Nebr 


July 22, 1884 


3, 251. 41 


No improvements appear to have been 

transferred. 






Fort McPharson, Nebr 


Jan. 5, 1H87 


19, £00. 00 


Do. 


Cam]) Sheridan, Nebr 


Julv 22, 1884 


18, 22."). 00 


Do. 


Fort Sedgwick, Col. and Nebr 


...do 


40, 960. 00 


Do. 


Carliu, Nov 


Mar. 20,1888 
Oct. 11,1886 


920. 00 
10, 900. 93 


Do. 


Fort Halleck, Nev 


Twenty structures in all, value not 
known. 






Fort McDermit (hay reserve), Nev . 


Dec. 1, 1886 


6, 400. 00 


No improvements appear to have been 
transferred. 


Fort McDermit (post reserve), Nev. . 


July 17, 1889 


3, 974. 40 


It was reported in 1879 that there were 
25 structures upon this reservation. 
Present value and condition not 
kuown. 


Fort Butler, N.Mex 


July 24, 1884 


76, 8C0. 00 


No improvements appear to have been 
transferred. 








Fort Craig, N. Mex 


Mar. 3,1885 


24, 895. 00 

2, 560. 00 
1, 200. 00 


Twenty -two structures in all, value not 

known. 
Tract is disposed of. 
Twenty-hvt structures in all, valuenot 


Fort McRae, N. Mex 


-Julv 22.1884 
May 4,1886 


Fort Klamath (post reserve), Ore- 


gon. 






known. 


Fort Klamath (hay reserve), Ore- 


...do 


2,135.00 


No improvements appear to have been 


gon. 






transferred. 


Fort Cameron, Utah 


July 2,1885 


23, 378. 00 


Do. 


Fort Crittenden, Utah 


July 22,1884 


94, 550. 00 


Do. 


Rush Lake valley, Utah 


do 


5,131.47 
21,851.00 


Do. 


Fort Thornburgh, Utah 


....do 


Nine structures in all ; $500 have been 








offered for them. 


Fort Colville, Wash 


Feb. 26,1886 


1, 070. 00 


Quarters for five officers and four com- 
panies, one hospital and two store- 
houses, value not known: 














Fort Steilacoom, Wash ....... 


July 22, 1884 


289. 00 


Improvements appear to have been 
donated to Washington prior to 












transfer. 



* Estimated. 



PUBLIC LANDS. 137 

A. — List of military reservations, or parts thereof, relinquished, etc. — Continued. 



Name. 



Fort Bridger (coal reserve), Wyo... 

Fort Fetterman (hay reserve), Wyo. 
Fort Fetterman (post reserve), 
Wyo. 



Fort Fetterman (Dew wood reserve), 

Wyo. 
Fort Fetterman (old wood reserve), 

Wyo. 
Fort Fred Steele (post reserve,) 

Wyo. 
Fort Fred Steele (wood reserve,) 

Wyo. 

Fort MoKinney (portion), Wyo 

Fort Sanders, Wyo 



Date of relin- 
quishment. 



July 22, 1884 

....do 

...do 



...do 

...do , 

Aug. 9,1886 
...do 



Jan. 10,1889 
Sept. 6,1884 



Area in 
acres. 



99.17 

2, 620. 91 
36, 495. 65 



1, 262. 76 
4, 706. 23 

22, 269. 65 

2, 563. 64 

*640. 00 
19, 342. 00 



Improvements. 



No improvements appear to have been 
transferred. 
Do. 

A donble set of officers' quarters, bar- 
racks, sheds, stables, guard-lioase, 

stun -houses, hospital, 6tO., value not 
known. 
"No improvements appear to have been 
transferred. 
Do. 

Forty-two structures in all, value not 

known. 
No improvements appear to have been 
transferred. 
Do. 
Do. 



* Estimated. 

Lists of reservations, or parts thereof, relinquished by the War Department to the Interior 
Department under the provisions of the act of August 18, 1856 (11 Stats., 87). 

fSaid act was repealed by the act of July 5, 1884, and the reservations are, by departmental decision 
of May 10, 1887 (5 L. D., 632), to be disposed of under the provisions of the latter act.] 



Name. 


Date of relin- 
quishment. 


Area in 
acres. 


Improvements. 


Fort Brooke, Fla 


Jan. 4, 1883. 

Mar. 16, 1880. 
Oct. 15,1883. 
....do 


148.11 

9, 8 

0.1619 

0. 12786 


No improvements appear to have 
been transferred. 
Do. 


St. Augustine (hospital lot), Fla 

St. Augustine;(blacksmith-shoplot), 
Fla. 


Do. 
Do. 



There lias been but one reservation, or part thereof, relinquished by 
the War Department to the Department of the Interior under any act 
subsequent to the act of July 5, 1884, viz : 



Name. 


Date of relin- 
quishment. 


Area in 
acres. 


Improvements. 


Fort Douglass (portion) Utah 


Apr. 17, 1885. 


151.81 


None. 



Said portion of this reservation was relinquished under the act of 
January 21, 1885 (23 Stats., 284), which allowed Charles Popper ninety 
days in which to make entry of the tract relinquished. Popper made 
entry for the tract June 17, 1885. 

B — Statement showing the condition of each of the reservations named in statement A. 

Whipple barracks (timber reserve), Ariz. : Surveyed and ready for appraisal. 

Camp Crittenden, Ariz.: Surveyed, but returns oi* survey not as yet examined in 
the field, and therefore not yet approved. 

Camp Goodwin, Ariz. : Surveyed, but returns of survey not as yet examined in the 
field, and therefore not yet approved. 

Camp Grant, Ariz. : Surveyed, but returns of survey not as yet examined in the 
field, and therefore not yet approved. 



138 REPORT OF THE SECRETARY OF THE INTERIOR. 

Fort Verde (garden reserve), Ariz. : Surveyed, but returns of survey not as yet ex- 
amined in the field, and therefore Dot yet approved. 

Fort Bidwell (portion), Cal. : Surveyed and ready for appraisal. 

Camp Cady, Cal. : Survey, as originally authorized by the department, January 
20, 1887, was ordered through the United States surveyor-general, but subsequently 
suspended by reason of apparent exhaustion of appropriation. Under date of May 
13, 1889, the surveyor-general was authorized to accept the proposal of W. H. Carl- 
ton to execute said survey, but no contract has as yet been received at this offi< e. 

Camp Indepeudence (post reserve), Cal.: Surveyed. Entry made for this tract 
under the provisions of the act. Said entry has been contested and the case is now 
pending before this office. 

Camp Independence (hay reserve), Cal. : One hundred and sixty acres of this 
tract have been entered under the provisions of the act; the remainder, 2,370.18 
acres, is surveyed and ready for appraisal. 

Camp Independence (wood reserve), Cal. : Survey as originally authorized by the 
department, January 20, 1887, was ordered through the United States surveyor gen- 
eral, but subsequently suspended by reason of apparent exhaustion of appropriation. 
Under date of May 13, 1889, the surveyor-general was authorized to accept the pro- 
posal of W. H. Carlton to execute said survey, but no contract has as yet been re- 
ceived at this office. 

Fort Yuma, Cal. : Reserved for Indian uses by executive order of January 9, 1884. 
This reservation was placed under the control of this department on July 22, 1884, 
for disposal under the act of July 5, 1884; but under date of March 26, 1887, Secre- 
tary Lamar directed that the executive order of January 9, 1884, be regarded as still 
in force. 

Fort Lyon (old), Colo. : Surveyed. About 7,100 acres have been entered under the 
provisions of the act. The remainder, 30,900 acres, is ready for appraisal. 

Fort Lyon (new), Colo.: No survey has as yet been ordered by t lie department. 

Pagosa Springs (old Fort Lewis), Colo.: Surveyed and ready tor appraisal. 

Pike's peak, Colo. : Unsurveyed. No survey as yet authorized by the department, 

Cantonment on Uncompahgre (portion), Colo. : This tract was originally within the 
Ute Indian Reservation, and by departmental decision of January 3, 1885 (3 L. D., 
296), is being disposed of as other " Ute lauds " under the act of June 15, 1880 (21 
Stat., 199). 

Camp on White river, Colo.: This tract was originally within the Ute Indian Res- 
ervation, and, by departmental decision of January 3, 1885 (3 L. D., 296), is being 
disposed of as other " Ute lands" under the act of June 15, 1880 (21 Stats., 199). 

Fort Randall (portion), Dak. : Surveyed. About 11,162 acres have been entered 
under the provisions of the act. The remainder, 13,341 acres, is now ready for ap- 
praisal. 

Fort Rice, Dak.: Surveyed. Returns of survey examined in the field and unfa- 
vorably reported upon by Special Agent Bannister September 3, 1888. Re-examined 
by Special Agent Fawkner, and report submitted under date of September 18, 1889. 
Said report not yet acted upon. 

Fort. Sisseion ( formerly Fort Wadsworth), Dak. : Unsurveyed. Survey not as yet 
authorized by the Department. 

Dragoon Barracks L. B., Fla. : Appraised and sold. 

Old powder-house lot, Fla.: Appraised and sold. 

Fort Cceurd'Alene (winter pasturage), Idaho: This tract appears to have been erro- 
neously located on the official plats, and the surveyor-general of Idaho will he di- 
rected, as soon as practicable, to furnish corrected plats showing the true location of 
said abandoned reservation. No steps can be taken for its disposal until this is done. 

Camp Tjiree Forks, Idaho: Survey was authorized by departmental letter under 
date of .January 20, 1887, but not yet ordered, owing to exhaustion of appropriation 
of March 3, 1885 (23 Stats., -499), for survey, etc., of abandoned military reservation* 

Fort Dodge (remainder), Fans. : Surveyed. All of this tract, except 1,200 acres, 
is within the limits of the "Osage Indian trust lands," and under date of July 9, 
1886, the district officers at Garden city, Kaus., were directed to allow entriesof said 
"Osage Indian trust lauds," as provided by the act of May 28, 1880 (21 Stats., 14:5), 
with the exception of tracts upon which buildings erected by the government, for 
military purposes are located, which lat ter tracts were found to be lots 3, 5, 6, and 7, 
sec. 3,T.27 S.,R.24 W. By act of .March 2, 1889 (25 Stats., 1012), authority was 
given to sell and convey to the State of Kansas the said lots, and on June 13, le>89, 
the. same were purchased by the State. 

The tract of 1,200 acres above mentioned is ready for disposal. 

Fort Hays, Kans. : Under recent departmental instructions further action on said 
reservation has been suspended to await Congressional action regarding disposal of 
the Lands. 

Fort Wallace, Kans. : By act of October 19, 1888 (25 Stats., 612), the following 
provisions were made for the disposition of this tract, viz: Sec. 1 provides that acer- 



PUBLIC LANDS 139 

tain trad be reserved for the townsite of \ Entry thereof has been made 

ana patented. Seo. V J authorizes the Union Racine Railroad Company to purchase 
a pertain tract for machine shops. Amplication for fchis purchase lias been made and 
the local officers directed to allow the same. Sec. 3 authorizes the Wallaci water- 
works to purchase a 40-acre tract tor its use. This has no1 yel been done. Sec. 4 
grants 40 acres to the town for cemetery purposes. Sec. •'» provides lor the ap- 
praisal and sale of the tract covered by the old Fort Wallace and the buildings 
thereon. The appraisal has been lately made, but qo1 yet acted upon by this office. 
Sec. provides that the remainder of said reservation shall be disposed of under 
the homestead laws. No entries have yet been allowed. 

Baton Rouge barracks, La. : By act of July 12, 1886(24 S rats., 114), the Secretary of 
the [nterior was authorized to transfer the buildings on, and a portion of, said reserva- 
tion to the Louisiana State University and Agricultural and Mechanical College, and 
the remainder of said reservation to the Louisville, New Orleans and Texas Railwaj 
Company. Transfer made July 31, L886. 

Ten reservations on the Gulf coast, Louisiana: Partly surveyed and partly unsur- 
veyed. Survey authorized by departmental letter of January 20, 1887. No survtey 
ordered bv reason of there being no United States surveyor-general for diatri 
date of authorization, and subsequent exhaustion of appropriation of March :'», L885 
(23 Stats., 499), for survey, etc., of abandoned military reservations. 

fort Sullivan, Me.: Unsurveyed. Survey not as yet authorized by the depart- 
ment. 

Bois Blanc island, Mich.: Surveyed. 619.63 acres were within a private claim at 
the time the res< rvation was made. 405.55 acres have be. n disposed of by appraisal 
and sale under the provisions of the act. 5,083.93 acres have been disposed of to the 
State as swamplands by departmental decision of February 25, 1869 (8 L. D.,309). 
674.26 acres were decided as being covered by the school grant to the Stale, by de- 
partmental decision of June 5, 1889 (8 L. D., 560). The remainder, 2, 416.06 acres, has 
been appraised and offered, but not sold, and is now, by the terms of the act, subject 
to re-offering. 

Fort Wilkins, Mich. : Surveyed and ready for appraisal. 

Island in Missouri river, Missouri : Surveyed and ready for appraisal. 

Fort Ellis, Mont. : Surveyed. Said reservation was declared by executive order 
of February 15, 1868. Enlarged March 1,1870. and further enlarged, by the addition 
of 16,320 acres, November 25, 1873. The land added by the executive order of No- 
vember ".!"), 1873, is within the granted limits of the Northern Pacific Railroad Com- 
pany, and the said company's rights, having attached prior to the reservation for 
military purposes, were not impaired thereby, but merely placed in abeyanee. The 
even-numbered sections in said tract of 16,320 acres and the remaining 15,840 acres 
are now ready for appraisal. 

Fort Hartsuff, Nebr. : Surveyed aud ready for appraisal. 

Fort McPherson, Nebr.: Survey was authorized by departmental letter dated Jan- 
uary 20, L887, hut not yet ordered, owing to exhaustion of appropriation of March 3, 
1885 (23 Stats.. 499), for survey, etc., of abandoned military reservations. 

Camp Sheridan. Nebr. : Surveyed. JJy inadvertence of local officers several filings 
and entries were allowed upon said reservation, aggregating 7,072.52 acres. These 
were confirmed by the act of October 12, 1888 (25 Stats., 1201). The remainder, 
11,153 acres, is ready for appraisal. 

Fort Sedgwick, Colo, and Nebr. : Said reservation is within the granted limits of 
the Union Pacific Railroad Company, and the said company's rights to the odd-num- 
bered sections, having attached prior to the reservation for military purposes, were 
not unpaired thereby, hut merely placed in abeyance. The even-numbered sections 
are ready for appraisal. 

Carlin, Nev. : Unsurveyed. No survey as yet authorized by the department. 

Fort Halleck, Nev. : Unsurveyed, Returns of survey of said reservation were re- 
ceived with surveyor-general's letter of November 30, 1888, but were rejected because 
of failure of the surveyor to comply with the terms of the contract. Under date of 
December 20j L889, the United States survey or-geueral for Nevada, was instructed to 
award to a competent and reliable deputy anew contract for the survey of said res- 
ervation. 

Fort McDermitl (hay reserve), Nev.: Unsurveyed. Returns of survej of said 
reservation were received with surveyor-general's letter of November 30, 1888, but 
were rejected because of failure of the surveyor to comply with the terms of tin 
tract. Under date of December 20, 1889, the United States surveyor-general tor 
Nevada was instructed to award to a competent and reliable deputy a new contract 
for the survey of said reservation. 

Port McDermitt (post reserve), Nev.: Unsurveyed. No survey as yet authorized 
by i he depart ment. 

Fort Butler, N. Mex. : Surveyed. Said reservation is situate mostlj within the 



140 REPORT OF THE SECRETARY OF THE INTERIOR. 

confirmed and surveyed private land grant Pablo Montoya, tond also covers a small 
part of Baca location No. 2. The remainder, 2,765.18, is ready for appraisal. 

Fort Craig, N. Mex. : Under contract for survey. No returns as yet received at this 
office. 

Fort McRae, N. Mex. : Said reservation falls entirely within the patented private 
land grant Arraendaris No. 33, and was not excepted in the patent. 

Fort Klamath (post reserve), Oregon: Unsurveyed. The greater part of said res- 
ervation is within the Klamath Indian Reservation and reverts to the said Indians. 
Survey of the remainder, 210 acres, not as yet authorized by the department. 

fort Klamath (hay reserve), Oregon : About 120 acres of said reservation is within 
the Klamath Indian Reservation and reverts to the said Indians. Survey of the 
remainder, 2,015 acres, not as yet authorized by the department. 

Fort Cameron, Utah : Under contract for survey. No returns as yet received at 
* this office. 

Fort Crittenden, Utah : Under contract for survey. No returns as yet received at 
this office. 

Rush Lake valley, Utah : Surveyed and ready for appraisal. 

Fort Thornburgh, Utah : Under contract for survey. No returns as yet received at 
this office. 

Fort Colville, Wash. : Surveyed. Eighty acres of said reservation have been en- 
tered under the provisions of the act. The remainder, 990 acres, is ready for ap- 
praisal. 

Fort Steilacoom, Wash. : Surveyed. 71.93 acres of said reservation have been 
entered under the provisions of the act. The remainder, 217.07 acres, is ready for 
disposal. 

Fort Bridger (coal reserve), Wyo. : Surveyed and ready for appraisal. 

Fort Fetterman (hay reserve), Wyo. : Surveyed and ready for appraisal. 

Fort Fetterman (post reserve), Wyo. : Surveyed and ready for appraisal. 

Fort Fetterman (new wood reserve), Wyo. : Surveyed and ready for appraisal. 

Fort Fetterman (old wood reserve), Wyo. : Surveyed and ready for appraisal. 

Fort Fred Steele (post reserve), Wyo. : Surveyed. Said reservation is within the 
limits of the grant to the Union Pacific Railroad Company, and the said company's 
rights to the odd-numbered sections, having attached prior to the reservation for 
military purposes, were not impaired thereby, but merely placed in abeyance. The 
even-numbered sections are ready for appraisal. Under date of November 9, 1886, 
the Secretary of War requested that the cemetery lot, shown on the official plat of 
survey in theSE.J SE. i, Sec. 23, T. 21 N., R. 85 W., containing 0.50 acres, be ex- 
cepted from sale or transfer, and on November 20, 188G, Assistant Secretary Hawkius 
directed that said request be respected. 

Fort Fred Steele (wood reserve), Wyo. : But 1,283.64 acres of said reservation have 
been surveyed. The remainder, 1. 280 acres, falls within unsurveyed townships and 
will be surveyed when said townships are surveyed. The surveyed portion is ready 
for appraisal. 

Fort McKinney (portion), Wyo.: By executive order of January 10, 1889, the eastern 
boundary of said reservation was withdrawn one-fourth of a mile westward. A con- 
tract for the survey of the lands embraced in said strip has been approved by this of- 
fice. 

Fort Sanders, Wyo. : Surveyed. Said reservation is within the granted limits of 
the Union Pacific Railroad Company. A small portion of tin 1 reservation was reserved 
prior to the attachment of the said company's rights, but the rights of the company 
to the odd-numbered sections in the remainder of said reservation, having attached 
prior to said reservation, were not impaired thereby, but merely placed in abeyance. 
The even-numbered sections in said remainder, and the portion first named, are ready 
for appraisal. By act of May 28, 1888 (25 Slats., 158), the Territory of Wyoming was 
authorized to select and enter 640 acres within the limits of this reservation, to be 
used for the establishment, of a fish-hatchery. 

Fort Brooke, Fla. : No survey or appraisal of said reservation has been made and 
no portion of the same disposed of. an investigation ordered by this office May 25, 
1889, by direction of the Secretary under date of .May 17. 1889, being now in progress 
at the Gainesville office, to determine the rights of some twenty-nine claimants. 

Fort Jupiter, Fla. : Surveyed and ready for appraisal. 

St. Augustine (hospital lot), Fla. : Surveyed and ready for appraisal. 

St. Augustine (blacksmith-shop lot), Fla. : Surveyed and ready for appraisal. 

Fort Douglass (portion), Utah : Disposed of under the provisions of the act author- 
izing its relinquishment. 



PUBLIC LANDS. 141 

CIRCULARS AND INSTRUCTIONS. 
HOMESTEADS. 

Homestead entry — Settlement before survey — Instructions. 

The ripht to make homestead entry under the act of May 14, 1880, acquired by a settler who dies prior 

to survey may be exercised l>y his devisee. 
The ca»e of Buxton ». Traver cited and distinguished. 

[Secretin. \ Noble to the Commissioner of the General Land Office, October 4, 1889. J 

I am in receipt of your communication of the 20th ultimo, calling attention to the 
decision of the Supreme Court of the United States in the case of Buxton v. Traver 
(130 [J, S.,232), which you s;iy is interpreted by some as announcing a doctrine incon- 
sistent with the practice of your office following the decision of the department in 
the case of Tobias Beckner (6 L. D., 134); and other decisions, allowing parties as 
heirs or devisees of homestead settlers the benefit of section 2269 of the Re\ ised Stat- 
ute.-,, and of the act of May 14, I860 (21 Stat., 140), and requesting "to be instructed 
(1) as to whether there is any inconsistency between the decisions of the department 
in reference to the subject and said decision of the Supreme Court ; and (2) as to 
whether there should be any change in the course of this office as above indicated in 
dealing with this class of cases." 

The case of Tobias Beckner recognized the right of a person, as devisee of a settler 
whose settlement was made and who died prior to survey, to make homestead entry 
of the tract settled upon by his devisor, and this ruling is not inconsistent, with the 
decision of the Supreme Court in the case of Buxton v. Traver. The rule in the case 
of Beckner will be followed by your office. 

Homestead entry — Minor heirs — Instructions. 

On the death of a homesteader, leaving adult and minor heirs, the title, under sections 2291 and 2292 
Of the Revised Statutes, inures to the minors to the exclusion of the adult heirs. 

[Secretary Noble to the Commissioner of the General Land Office, May 9, 1890.] 

Upon the receipt of yours of the 2d ultimo, in regard to sections 2291 and 2292, 
Revised Statutes, I referred the subject to the assistant attorney-general assigned to 
this department, and herewith transmit a copy of his reply, in which he expresses 
the opinion that the practice which has so long prevailed in the Land Office, under the 
two recited sections, should not be changed. In this conclusion I concur, and you will 
therefore proceed under these two provisions of the law as heretofore. 

OPINION. 
[Assistant Attorney-General Shields to the Secretary of the Interior, May 2, 1890.] 

I am in receipt, by your reference, of a letter, dated April 2, 1890, from the Com- 
missioner of the General Laud Office, which I am requested to examine and give an 
opinion on the matters involved therein. 

The Commissioner invites attention to the first portion of section 2291 and the 
whole section of 2292 of the Revised Statutes, relating to homesteads, which are as 
follows : 

"Sec. 2291. No certificate, however, shall be given, or patent issued therefor, until 
the expiration of five years from the dale of such entry ; and if at the expiration of 
such time, or at any time within two years thereafter, the person making such entry; 
or if he be dead, his widow ; or in case of her death, his heirs or devisee ; or in case 
of a widow making such entry, her heirs or devisee, in case of her death, proves by 
two credible witnesses that he, she, or they have resided upon or cultivated the same 
for the term of five years immediately succeeding the time of filing the affidavit, and 
makes affidavit that no part of such land has been alienated, except as provided in 
section twenty-two hundred and eighty-eight, and that he, she, or they will bear 
true allegiance to the government of the United States; then, in such case. he, she, 
or they, if at that time citi/ens of the United States, shall be entitled to a patent, as 
in other eases provided by law. 

"Sec. 2292. In case of the death of both father and mother, leaving an infant 
child or children under twenty -one years of age, the righl and fee shall inure to the 
benefit of such infant child or children ; and the executor, admin ist rator, or guardian 



142 REPORT OF THE SECRETARY OF THE INTERIOR. 

may, at any time within two years after the. death of the surviving parent, and in 
accordance with the laws of the State in which such children, for the time being 
have their domicile, sell the land for the benefit, of such infants, but for no oilier 
purpose; and *. he purchaser shall acquire the absolute title by the purchase, and he 
entitled to a patent from the United States on the payment of the office fees and the 
sum of money above specified.? 

The Commissioner observes that the hist of these sections, as quoted, provides a 
means whereby the heirs of a deceased homestead entry man may acquire title to the 
entered land without distinction as to age, and that the second seetion provides a 
means h\ which the homestead may inure to the benefit of the infant child or chil- 
dren, without the issue of patent to such child or children and without-requiring 
continued residence or improvements upon the land. 

He states that it has been the practice of his office, in cases where there are both 
adult and minor heirs, to hold that the title inures to the latter to the exclusion of 
tin former. This practice his law clerks deem to be wrong, and think that section 
2292 "' was intended to apply in cases where infant heirs only were found." It is not 
very clear whether the Commissioner means to express his own opinion on the ques- 
tion, or whether he merely recites, in his letter, the views and arguments of his law 
clerks thereon. He concludes, however, by saying: 

" In view of the practice of this office having been of long- duration to exclude 
adult heirs, I would respectfully submit the question for your decision for the future 
action of this office in such cases, respectfully requesting 'a reply at your earliest 
convenience/'' 

1 have hut little difficulty in forming an opinion upon the question submitted, as 
the language of the sections referred to is plain and clear to my mind. 

Seotion 2291 declares, in substance, that in case of the death of a homestead entry- 
man before full compliance with the requirements of the law, the final certificate, to 
be followed by patent, at the designated lime, and upon proper compliance with the 
prescribed conditions, shall be issued to (1) his widow, if he leave one, if not, then, 
(2) to his heirs or devisee. No distinction is here made as between, adult and minor 
heirs. 

Section 2292 qualifies tic general provision of the preceding section, and says that 
in the case of tin; d< ath of both parents, "leaving infant children the right and fee 
shall inure to the benefit of such infant child or children." 

This language is direct and explicit, leaving in my mind little room for doubt as 
to its meaning. Under section 2291 the heirs, if of age, are entitled to the land in 
equal shares. Hut, if there be an infant child or children, section 2292 gives the en- 
tire right and fee to them alone. Against this view, it is urged that it works an in- 
justice to the adult heirs, who, equally with the minors, should share in the estate 
ill the parent. This might have been a forcible argument against the wisdom of en- 
acting such a law, hut the law having been enacted this department has no right to 
question its wisdom. When it is remembered that the adult heirs can procure public 
lands for themselves and in their own names by compliance with the land laws, and 
that minor heirs can not do so. the reason for the distinction i ^ manifest. 

Congress seems to have marked out a different rule for homesteads from that estab- 
lished in regard to pre-emptions. As to the latter section 2269 of the Revised Stat- 
utes provides that in case of the death of a pre-emption claimant, before entry, it 
shall he made in the name of the heirs, and patent shall issue to them : no distinction 
on account of age is mentioned. But in the legislation in relation to homesteads, not 
only has Congress adopted section 2292 as to ordinary homesteads, but by section 
2307 it has followed the same policy in regard to soldiers' homesteads, and then; con- 
ferred the right of a deceased soldier, first upon his widow, if unmarried, and, in 
case of her marriage or (hath, then "upon his minor orphan children," and none, 
others. It may be safely assumed from this that Congress was of the opinion that it 
was not unwise to protect infant orphan children, even to the entire exclusian of the 
adults. 

It is further urged in the Commissioner's letter that the construction which has 
heretofore prevailed renders sections 2201 and 2292 " inharmonious and incompati- 
ble;" but it is not shown wherein, and I fail to see that they are necessarily so. 

These sections were both originally included in section 2 of the act of June 21, 1886 
(11 Stat., 66). Section 2291 of the Revised Statutes was the first proviso of section 2 
of said act, and section 2292 of the Revised Statutes was the second proviso of the 
same section and act — a proviso upon a proviso, a special exception carved out of the 
former provisions of the act. 

In the construction of statutes it is a well settled rule that general words or pro- 
visions are to he restrained by particular words in a subsequent clause in the same 
statute, even though the particular intent ion is incompatible with the general inten- 
tion. (Dwarris, 110.) A proviso is something engrafted upon a preceding enactment, 
and is legitimately used for the purpose of taking special cases out of the general 



PUBLIC LANDS. M3 

enactments, and providing specially for them. And, even where the pro\ iso is repug- 
nant to the purview of the act, the proviso w iil prevail. (//>., 1 L8. 1 

"And so. u here there are in an act specific provisions relating to a particular sub- 
ject, they niusl govern, as against general provisions in other parts of the statute, al- 
though the latter, standing alone, would be broad enough to include! the subject to 
which the more particular provisions relate. (Endlicb on Statute 

The intenl ion of Congress as convoyed by i he Language of i he I \\ <> sect ions ta clearly 
as indicated. [ am I herefore of the opinion thai the pracl ice which has so long pre- 
vailed in the Land Office, under the two recited sections of the Revised Statutes, 
should noi be changed. 



TIMBER CULTURE. 
Timber culture entry — Final j> roof — Instructions. 

In computing the period of cultivation required in timber culture final proof, the rule should govern 
which wan in force at tic time the entrj was made. 

In enti ies made under the ruling thai prevailed prioi to the circular of June 27, 1887. the time allowed 
by ilic statute for the preparation of the land and planting of the trees may be computed as a part 
pt i he eight \ cars of cull ival ion required by the stat ut'a ; but under entiles made after the change 
of ruling, as announced in said circular, the period of cultivation should be computed from the 
time when the full acreage oi trees, seeds, or cuttings was planted. 

Tho case of Henry Hooper modified. 

[Seen tary Noble to Acting Commissioner Stone, -Jxily 16,1889.] 

In reply to yours of the 10th instant suggesting a change of rule in timber culture 
cases 1 herewith transmit to you a copy of an opinion of the First Assistant Secretary, 
•which I have examined and approved, whereby it will appear to you that no change 
pf the rule is necessary. The rule requires thai the eight years of cultivation must be 
computed from the time the required acreage of trees, seeds, or cuttings are planted. 
But if t he entry was made underrnlings of the department in force when the appli- 
cation wits made thai ruling; should he allowed to stand and control the case. Until 
a rule is changed it has ail the force pf law, and acts done under it while it is in force 
must be regarded as legal. It will thus appear that the hardships complained of by 
yon are avoided by the construction of the rule formerly existing, or are rather to be 
attributed to the statute itself, over which this department has no control. It is de- 
sirable to be liberal, as I haveoften instructed you, in all these matters pertainingto 
the Land Office ; but this must not go to the extent of disobeying the statute. 



[ Assistant Secretary Chandler to the Secretary of the Interior.] 

I have had occasion to give this timber-culture act some consideration, and. in 
order to properly express my views, it will he necessary to call your attention to some 
parts thereof. 

The act is that of June 14, 1878, (20 Stat., 113) and that part thereof necessary for 
your consideration in section 1 reads as follows: 

"That any person who is the head of a family, or who has arrived at the age of 
twenty- one years, and is a citizen of the United States, or who shall have hied his 
declaration of intention to become such, as required by the naturalizatiou laws of 
the United states, who shall plant, protect, and keep in healthy, grouting condition for 
fight years ten acres of timber ou any quarter section of any of the public lands' of 
the United States, or live acres of any legal subdivision of eighty acres, or two and a 
half acres on any legal subdivision of forty acres or less, shall be entitled to a patent 
for the whole of said qu after section, or of such legal subdivision of eighty or forty 
acres, or fractional subdivision of less than forty acres, as the case may be, at the 
expiration of said eight years on making proof, etc." 

Section 2 prescribes fhe form of the affidavit, the amount to be paid upon the filing of 
the affidavit, the number of acres to be broken and plowed the first, second, and third 
years ; and then provides " that no final certificate shall be given, or patent issued 
for the land so enti red until the expiration of eight years from the date of entry; and 
if at the expiration of such lime, or at any time within five years thereafter, the person 
pinking such entry, or, if he'or she be dead, Ids or her heirs, or legal representatives, 
hlmll prove by two creditable witnesses that he, or she, or they- have planted, and 
for not less Hum eight years, hare cultivated and protected such quantity and character of 
trees as aforesaid, and not less than 2700 trees were planted on each acre, and at the 



144 REPORT OF THE SECRETARY OF THE INTERIOR. 

time of making such proof that there shall then be growing at least 675 living and 
thrifty trees to each acre, they shall receive a patent to such tract, etc." 

Ju construing these provisions the department in the case of Benjamin F. Lake (2 
L. D., 309) held the preparation of land and planting of trees are acts of cultivation, 
and the time actually so employed should be computed as a part of the eight years 
required in the timber-culture cases, quoting from the circular of instructions issued 
by Commissioner MacFarland to registers and receivers, dated February 1, 1882 (1L. 
D., 638), and holding that one-half the trees must have actually been growing for five 
years, and the remaining half for four years to conform to the terms of the act; aud 
that, on the theory that in the second section of the act it is provided that " the party 
making an entry of a quarter section under the provisions of this act shall lie re- 
quired to break or plow five acres covered thereby the first year, five acres the second 
year, and to cultivate to crop or otherwise the five acres broken or plowed the first 
year ; the third year he or she shall cultivate to crop or otherwise the five acres broken 
the second year, and to plant in timber, seeds, or cuttings the five acres first broken 
or plowed, and to cultivate aud put in crop the remaining five acres, and the fourth 
year to plant in timber, seeds, or cuttings the remaining five acres," this would 
A\i t hi u the eight years keep the first planting growing five years, and the second 
planting four years; and in the case of Charles E. Patterson (3 L. D., 260) this 
same rule and doctrine was followed, as it is likewise recognized in the case of Peter 
Christofferson (3 L. D., 329). This rule was followed by the department from that 
time up until June 27, 1887, when Commissioner Sparks, by circular of that date to 
registers and receivers (6 L. D.,280), directed: "In computing the period of cultiva- 
tion, the time runs from the date when the total number of trees, seeds, or cuttings 
required by the act are planted." 

Following this circular is the case of Henry Hooper (6 L. D., 624), in which are re- 
viewed all these decisions heretofore cited, and in construing the act, the following 
con elusions are reached : 

The eight years of cultivation required under the timber-culture law must be com- 
puted from the time the required acreage of trees, seeds, or cuttings is planted ; and 
this construction was followed and adopted in the case of Charles N. Smith (7 L. D., 
231), and also in the case of John N. Liudback, decided July 1, 1889 (not reported). 

I am fully satisfied that these later decisions which are complained of in this letter 
are the correct exposition of the law, for the first section of the act requires the ap- 
plicant to " plant, protect, and keep in a healthy, growing condition for eight years 
10 acres of timber." Clearly, this language imports and requires this area to be grow- 
ing during this period, as trees could not oe kept in a healthy, growing condition that 
were not planted and in existence. 

Turning to section 2, this conclusion gains strength by the proviso " that he, or 
she, or they have planted, and for not less than eight years have cultivated and 
protected, such quantity and character of trees as aforesaid." It can not be disputed 
that "such quantity" refers to the 10 acres mentioned in section 1, which requires 
that 10 acres be cultivated and protected for the full period of eight years ; and this 
is borne out by the further proviso that, if the entry is not completed at the expira- 
tion of eight years, five years thereafter is given the applicant within which to com- 
plete the same, so that the entry man really has thirteen years, if he chooses to avail 
himself thereof, within which to comply with the law. I have no doubt, if he plants 
the required area the first year, that then the entry may be made within eight years 
thereafter, but I am fully satisfied that ifc was the intent and purpose of Congress to 
require the claimant to cultivate the trees for eight years, deeming that at the end of 
thatperiod the young timber would be able to protect itself without further cultivation. 
While all this is true, yet it seems to me that, inasmuch as the department, from the 
time of the passage of the bill up to the circular of the date of June 27, 1887, erro- 
neously construed the true spirit and intent of the act, and in pursuance thereof, nu- 
merous entries have been made under the law as thus promulgated, amounting to some 
twenty-five hundred or more, that such entries should be protected under the con- 
struction thus given the act, giving such construction all the force and effect of law. 
Were it not so, great wrong and inconvenience would result. 

In this character of entries it has been repeatedly held that, if the entry is made 
under rulings of this department in force when the application is made, it should be 
allowed to stand. Until a rule is changed it has all the force of law, and acts done 
under it while it is in force must be regarded as legal. James Spencer, (6 L. D., 
217) ; Miner v. Marriott et al. (2 L. D., 709); David B. Dole (3L. D., 214) ; Henry W. 
Fuss (5 L. D., 167) ; Allen v. Cooley (5 L. D., 261) ; Kelly v. Halvorson (6 L. D., 225). 

Believing that justice would be subserved by following the rule of the department 
in force at the time these entries were made, I think the case of Henry Hooper (6 L. 
D., 624), referred to, should be so far modified .as to hold that all entries made under 
the act, as construed from February 1, 1882, up to June 27, 1887, should pass to 
patent ; and that all entries made after the announcement of that doctrine should be 
governed and controlled by the principles therein enunciated. To do this, fully, 



PUBLIC LANDS. 145 

fairly, and equitably protects the interest of those who acted under the old regime, 
aud only requires those who have made timber-culture entries since the Law lias beeu 
correctly stated, as I believe, to comply with its plain provisions and fairly observe 
its spirit and intent. 

Circular — Timber culture final proof. 

[Commissioner Groff to registers and receivers, December 3, 1880-1 

The requirement of circular of June 27, approved July 12, 1887 (G L. D., 280), as to 
publication of not ice of intention to make final proof on timber-culture entries, will 
not be insisted on in cases where the original entry was made prior to September 1">, 
L887. All entries made prior to this date will be adjudicated in accordance with in- 
structions in force prior to the promulgation of said circular ax>proved July 12, 1887. 
Approved : 

Geo. Cuandlkk. 

Acting Secretary. 



DESERT ENTRIES. 

Desert entry — Final proof — Instructions. 

Under desert entries made prior to the circular regulations of Juno 27, 1887, the final proof will be 
hold sufficient if in compliance with the regulations in force at the time the initial entry was made. 

[Acting Secretary Chandler to Acting Commissioner Stone, August 13, 1889.] 

Upon a reconsideration of the question submitted by your communication of the 17th 
ultimo, inquiring whether persons who had made entry under the desert-land act 
prior to the issuance of the circular of June 27, 1887 (5 L. D., 708), but who have of- 
fered proof thereon since that date, shall be required, in making such proof, to com- 
ply with the provisions of said circular, or w T hether their proof shall be deemed suf- 
ficient in case it complies with the regulations existing at the time when the entries 
were made, I am of the opinion that said rule should not be applied to such cases. 
It seems to me that to require the entryman to attend in person at the local office at 
the time of making final proof would be to impose additional burdens that were not 
required by the rules and regulations of the department when said entry was made. 
I therefore concur in your suggestion that all original entries made prior to the issu- 
ance of said circular of June 27, 1887, should be adjudicated according to the regu- 
lations then existing. The decision of July 23, 1889, is therefore hereby revoked. 

Circular — Final proof — Desert entry. 

[Commissioner Groff to registers and receivers, December 3, 1889. J 

The requirement of circular approved June 27, 1887, (5 L. D., 708), as to publica- 
tion of notice of intention to make final proof in desert land entries, will not be insisted 
on in cases where the original entry was made prior to August 1, 1887. All entries 
made prior to that date will be adjudicated in accordance with instructions in force 
prior to the promulgation of said circular approved June 27, 1887. 
Approved : 

Geo. Chandler, 

Acting Secretary. 



TIMBER AND STONE. 
Timber and stone act — Final proof — Instructions. 

An application to purchase under the act of June 3. 1878, does not effect a segregation of the land cov- 
ered thereby. 

The publication of intention to purchase under said act prevents the land from being entered by 
another pending consideration thereof ; but until said application is finally allowed the applicant 
has no right to or control over the land covered thereby. 

The departmental regulation requiring the submission of proof within ninety days from date of the 
published notice may be waived where the pressure of business in the local office requires such 
action. 

{Acting Secretary Chandler to the Commissioner of the General Land Office, August 22, 1889. J 

From your letter of the 19th instant, inclosing draught of a proposed letter to the 
local officers at Seattle, Wash. Ty., it appears that certain irregularities in final proof 
proceedings under the timber and stone act of June 3, 1878 (20 Stat., 89), have occurred 
at said land office. 

J NT 90-—VOL I 10 



146 REPORT OF THE SECRETARY OF THE INTERIOR. 

The third section of said act provides: 

"That upon the filing of said statement, as provided in the second section of this 
act, the register of the land office shall post a notice of such application, embracing 
a description of the land by legal subdivisions, in his office, for a period of sixty days, 
and shall furnish the applicant a copy of the same for publication, at the expense of 
such applicant, in a newspaper published nearest the location of the premises, for a 
like period of time ; and after the expiration of the said sixty days, if no adverse claim 
shall have been filed, the person desiring to purchase shall furnish to the register of 
the land office satisfactory evidence," etc. 

On May 1, 1880, your office issued a circular under this act (2 C. L. L., 1458), wherein 
it was said : 

1 It has come to the knowledge of this office that many persons have taken the 
preliminary steps above indicated up to the point of making proof and payment, but 
have failed in the last essential particular. In effect they withdraw the land from 
market on your records by making the application, sworn statement, and publication, 
and then denude the land of its timber, the tract becomes valueless, and entry is not 
made. 

" It is clear that proof and payment should be made within a reasonable time after 
the expiration of sixty days from date of first publication of the notice of applica- 
tion. 

" You are therefore instructed to notify each claimant under said act that he is 
requ red to make the necessary proof and payment within ninety days from date of 
his original application. Should the claimant fail to meet this requirement within 
the period named, you will write the word 'canceled' on his application, giving 
date thereof, and noting the same on your records." 

This requirement that proof and payment should be made within ninety days from 
date of the application was not carried into the general circulars of October 1, 1880, 
and March 1, ldH4 ; but in the circular approved by the department July 16, 1887(6 
L. D., 114), it was said : 

"The published notice required by the third section of the act must state the time 
and place when, and name the officer before whom, the party intends to offer proof, 
which must be after the expiration of the sixty days of publication and before ninety 
days from the date of the published notice. Where proof is not made before the 
expiration of said ninety days the register and receiver will cancel the filing upon 
their records and notify this office accordingly, as prescribed by instructions of May 
1, 1880." 

This requirement was carried into the general circular of January 1, 1889 (see 
page 40), and is now a subsisting regulation adopted by your office and approved by 
the department. 

It appears, however, that at the Seattle office a large number of cases are suspended 
where the proof was made after the expiration of the said ninety days ; and that some 
thirteen hundred applications are pending wherein the dates for making proof are 
set for periods in the future, the latest as far off as February 21, 1891, and that this 
condition of affairs arises from the inability of the local office, u