may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, except as herein otherwise provided," are hereby expressly reaffirmed, except so far as they applied to the country herein relinquished.

A. INDIAN LANDS-WITHDRAWAL.

The effect of this treaty was to withdraw all the land embraced within the reservation from private entry and did not authorize a person to enter thereon and discover and locate a mining claim, but the Government was obliged to prevent its citizens from entering upon this reservation for any such purpose.

Kendall v. San Juan Silver Min. Co., 9 Colo. 349, p. 357.

A valid mining location can not be made upon a portion of the public domain withdrawn from entry for all purposes under an Indian treaty.

Kendall v. San Juan Silver Min. Co., 9 Colo. 349, p. 355.

19 STAT. 176, P. 192, AUGUST 15, 1876.

BLACK HILLS WITHDRAWAL.

AN 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 30, 1877.

Be it enacted, etc., That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, and fulfilling treaty stipulations with the various Indian tribes, * ** Provided, That none of said sums appropriated for said Sioux Indians shall be paid to any band thereof while said band is engaged in hostilities against the white people; and hereafter there shall be no appropriation made for the subsistence of said Indians, unless they shall first agree to relinquish all right and claim to any country outside the boundaries of the permanent reservation established by the treaty of 1868 for said Indians; and also so much of their said permanent reservation as lies west of the one hundred and third meridian of longitude (Black Hills), and shall also grant right of way over said reservation to the country thus ceded for wagon or other roads, from convenient and accessible points on the Missouri River, in all not more than three in number; and unless they will receive all such supplies herein provided for, and provided for by said treaty of 1868, at such points and places on their said reservation, and in the vicinity of the Missouri River, as the President may designate; and the further sum of $20,000 is hereby appropriated to be expended under the direction of the President of the United States for the purpose of carrying into effect the foregoing provision: And provided also, That no further appropriation for said Sioux Indians for subsistence shall hereafter be made until some stipulation, agreement, or arrangement shall have been entered into by said Indians with the President of the United States, which is calculated and designed to enable said Indians to become self-supporting:

* *

A. INDIAN LANDS.

1. WITHDRAWAL OF BLACK HILLS.

a. PROTECTION TO MINERAL CLAIMANTS.

b. RIGHTS OF MINERAL CLAIMANTS-COMPLIANCE WITH

LAWS.

1. WITHDRAWAL OF BLACK HILLS.

a. PROTECTION TO MINERAL CLAIMANTS.

After an unsuccessful attempt to secure to the citizens of the United States the right to mine in the country known as the Black Hills, this act provided that thereafter there should be no appropriation made for the subsistence of the Sioux Indians unless they should first agree to relinquish all right and claim to all that part of their permanent reservation lying west of the one hundred and third meridian of longitude, and under a supplemental agreement concluded February 28, 1877 (19 Stat. 254), these Indians ceded and relinquished that portion of their reservation to the United States. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 402.

The presence of miners on the Indian reservation known as the Black Hills prior to the adoption of this act and prior to the relinquishment and cession of the reservavation by the Indians to the United States February 28, 1877 (19 Stat. 254), was illegal; but from that time it was legal and persons in possession of mining claims taken up and developed in accordance with the rules of miners in mining districts were entitled to protection of their possessory claims as against intruders. Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 402.

b. RIGHTS OF MINERAL CLAIMANTS-COMPLIANCE WITH LAWS.

The effect of the withdrawal of the Black Hills district from the Indian reservation and the consequent end of the prohibition against intrusion thereon was to leave persons in possession of mining claims exempt from liability to be disturbed from their unlawful entry on the land, and free to take measures under the mining laws for the protection of their claims.

Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 402.

A person in possession of a mining claim, on the withdrawal of a reservation under an Indian treaty, who has the requisite discovery, with surface boundaries marked, and notice of location posted, can, by adopting what has been done and causing a proper record to be made, and performing the assessment work, hold the claim and date his rights from the day of such withdrawal.

Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 403.

See Kendall v. San Juan Min. Co., 144 U. S. 658, p. 664.

Jones v. Wild Goose Min., etc., Co., 177 Fed. 95, p. 98.

All persons who made locations upon the Indian reservation prior to its cession could give evidence of what had been done by them, and show the locations of their claims, the extent and the amount of work done in development, not as creating an absolute right to the property, but as showing the existence and condition of the property when their possession became lawful under the new treaty with the Indians; and whether such persons should be protected in the possession of such claims depended upon their future compliance with the laws, statutory and mining, governing the possession and use of mineral lands in Dakota.

Noonan v. Caledonia Min. Co., 121 U. S. 393, p. 403.

38 STAT. 704, Chap. 269, AUGUST 22, 1914 (PUBLIC—NO. 182-63D CONGRESS).

QUINAIELT RESERVATION-MINERALS RESERVED IN LIGHTHOUSE

GRANT.

AN ACT To authorize the withdrawal of lands on the Quinaielt Reservation, in the State of Washington, for lighthouse purposes.

Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized to set aside not exceeding 206.75 acres of land at or near Cape Elizabeth, on the Quinaielt Indian Reservation, in the State of Washington, for lighthouse purposes * * *

SEC. 2. That there is hereby reserved for the use and benefit of the Indians of the Quinaielt Reservation in common all oil, gas, coal, and other minerals in the lands set aside hereunder for lighthouse purposes, and the right to prospect for and mine these commodities under such rules and regulations as may be agreed upon by the Secretary of the Interior and the Secretary of Commerce.

19 STAT. 254, FEBRUARY 28, 1877.

SIOUX NATION-BLACK HILLS.

AN ACT To ratify an agreement with certain bands of the Sioux Nation of Indians and also with the Northern Arapaho and Cheyenne Indians.

*

1

Be it enacted, etc., That a certain agreement made by commissioners on the part of the United States, with the different bands of the Sioux Nation of Indians, and also the Northern Arapaho and Cheyenne Indians, be, and the same is hereby, ratified and confirmed. * * *

ARTICLE 1. The said parties hereby agree that the northern and western boundaries of the reservation defined by article 2 of the treaty between the United States and different tribes of Sioux Indians, concluded April 29, 1868, and proclaimed February 24, 1869, shall be as follows:

The western boundaries shall commence 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 its intersection with the South Fork of the Cheyenne River; thence down said stream to its junction with the North Fork; thence up the North Fork of said Cheyenne River to the said one hundred and third meridian; thence north along said meridian to the South Branch of Cannon Ball River or Cedar Creek; and the northern boundary of their said reservation shall follow the said South Branch to its intersection with the main Cannon Ball River, and thence down the said main Cannon Ball River to the Missouri River: and the said Indians do hereby relinquish and cede to the United States all thẹ territory lying outside the said reservation, as herein modified and described, including all privileges of hunting; and article 16 of said treaty is hereby abrogated.

NOTE. The part of the reservation relinquished and ceded to the United States includes the Black Hills.

21 STAT. 199, JUNE 15, 1880.

UTE TRIBE-COLORADO LANDS.

AN ACT Ratifying the agreement with the Ute Indians in Colorado for the sale of their reservation therein.

Whereas certain of the chiefs and head men of the confederated bands of the Ute tribe of Indians, now present in the city of Washington, have agreed upon and submitted to the Secretary of the Interior an agreement for the sale to the United States of their present reservation in the State of Colorado, their settlement upon lands in severalty, and for other purposes; and

Whereas the President of the United States has submitted said agreement, with his approval of the same, to the Congress of the United States for acceptance and ratification, and for the necessary legislation to carry the same into effect: Therefore

*

Be it enacted, etc. * *

SEC. 3. That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed, under the direction of said commissioners, a sufficient quantity of land in the vicinities named in said agreement, to secure the settlement in severalty of said Indians as therein provided. And upon the completion of said survey and enumeration herein required, the said commissioners shall cause allotments of lands to be made to each and all of the said Indians, in quantity and character as set forth in the agreement above mentioned, and whenever the report and proceedings of said commissioners, as required by this act, are approved by the President of the United States, he shall cause patents to issue to each and every allottee for the lands so allotted, with the same conditions, restrictions, and limitations mentioned therein as are provided in said agreement; and all the lands not so allotted, the title to which is, by the said agreement of the confederated bands of the Ute Indians, and this acceptance by the United States, released and conveyed to the United States, shall be held and deemed to be public lands of the United States and subject to disposal under the laws providing for the disposal of the public lands, at the same price and on the same terms as other lands of like character, except as provided in this act, Provided, That none of said lands, whether mineral or otherwise, shall be liable to entry and settlement under the provisions of the homestead law; but shall be subject to cash entry only in accordance with existing law; and when sold the proceeds of said sale shall be first sacredly applied to reimbursing the United States for all sums paid out or set apart under this act by the Government for the benefit of said Indians, and then to be applied in payment for the lands at $1.25 per acre which may be ceded to them by the United States outside of their reservation, in pursuance of this agreement. And the remainder, if any, shall be deposited in the Treasury as now provided by law for the benefit of the said Indians, in the proportion as herein before stated, and the interest thereon shall be distributed annually to them in the same manner as the funds provided for in this act: Provided further, That the subdivisions upon which are located improvements to be appraised as provided for in section 2 of this act, shall be offered to the highest bidder at public sale, after

published notice of at least 30 days by the Secretary of the Interior, and the same shall be absolutely reserved from occupation or claim until so sold.

25 STAT. 35, FEBRUARY 18, 1888.

RAILROAD THROUGH INDIAN TERRITORY.

AN ACT To authorize the Choctaw Coal & Railway Company to construct and operate a railway through the Indian Territory.

Be it enacted, etc., That the Choctaw Coal & Railway Co., a corporation created under and by virtue of the laws of the State of Minnesota, be, and the same is hereby, invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at a point on Red River (the southern boundary line), at the bluff known as Rocky Cliff in the Indian Territory, and running thence by the most feasible and practical route through the said Indian Territory to a point on the east boundary line, immediately contiguous to the west boundary line of Polk or Sevier Counties in the State of Arkansas; also, a branch line of railway to be constructed from the most suitable point on said main line for obtaining a feasible and practicable route in a northwesterly direction to the leased coal veins of the said Choctaw Coal & Railway Co. in Tobucksey County, Choctaw Nation; with the right to construct, use, and maintain such tracks, turnouts, branches, and sidings and extensions as said company may deem it in their interest to construct along and upon the right of way and depot grounds herein provided for.

* * *

25 STAT. 668, FEBRUARY 13, 1889.

AMENDMENT.

AN ACT To amend an act entitled "An act to authorize the Choctaw Coal & Railway Company to construct and operate a railway through the Indian Territory, and for other purposes," approved February 18, 1888.

Be it enacted, etc., That section 1 of the act entitled "An act to authorize the Choctaw Coal & Railway Co. to construct a railway through the Indian Territory, and for other purposes," approved February 18, 1888, be, and hereby is, amended to read as follows:

SECTION 1. That the Choctaw Coal & Railway Co., a corporation created under and by virtue of the laws of the State of Minnesota, be, and the same is hereby, invested and empowered with the right of locating, constructing, owning, equipping, operating, using, and maintaining a railway and telegraph and telephone line through the Indian Territory, beginning at a point on Red River (the southern boundary line), at the bluff known as Rocky Cliff in the Indian Territory, and running thence by the most feasible and practicable route through the said Indian Territory to a point on the east boundary line, immediately contiguous to the west boundary line of the State of Arkansas; also, a branch line of railway to be constructed from the most suitable point on said main line for obtaining a feasible and practicable route in a westerly or northwesterly direction to the leased coal veins of said Choctaw Coal & Railway Co., in Tobucksey