so advise you, that the Architect of the Capitol has no right to permit the erection of the building in question without specific authority by act of Congress.

Approved:

C. N. BLISS,

Secretary.

RAILROAD GRANT-JUDICIAL CONSTRUCTION.

NORTHERN PACIFIC RY. Co.

Directions given for the suspension from entry and patent of lands falling within the purview of the departmental decision in the case of Spaulding v. Northern Pacific R. R. Co., 21 L. D., 57.

Secretary Bliss to the Commissioner of the General Land Office, Septem(F. L. C.) ber 15, 1897.

(F. W. C.)

I am in receipt of your office letter of August 30, 1897, enclosing the application made on behalf of the Northern Pacific Railway Company, successor to the Northern Pacific Railroad Company, for the suspension from entry and patent of the lands coming within the purview of the decision in the case of Spaulding v. Northern Pacific Railroad Company (21 L. D., 57).

In said case it was held (syllabus):

At Portland, Oregon, the Northern Pacific has two grants, the first for the line eastward, under the act of 1864, and the second northward, under the joint resolution of 1870, and, so far as the limits of the grant east of said city overlaps the subsequent grant, the latter must fail; and, as the road at such point eastward is unconstructed, and the grant therefor forfeited by the act of September 29, 1890, the lands so released from said grant, do not inure to the later grant, but are subject to disposal under the provisions of said forfeiture act.

The application by the company is based upon an opinion of the United States circuit court for the western district of Washington, in the case of said company v. Balthazer et al., dated August 14, 1897, in which opinion it is stated:

I am constrained, however, by the decisions of the circuit court of appeals for this circuit, in the cases of Oregon and C. R. Company et al. v. United States, 77 Fed. Rep. 57-82; and Eastern Oregon Land Company v. Wilcox, 79 Fed. Rep. 719, to hold that as the Northern Pacific Railroad Company never made a definite location of any line of road between Portland and Wallula, the original land grant never took effect as to any land between said places, therefore, the lands in controversy were, for aught that appears to the contrary, at the date of the joint resolution of May 31, 1870, and at the time of the definite location of the railroad from Portland to Tacoma, non-mineral public lands of the United States, not reserved, sold, granted or otherwise appropriated, and by said joint resolution the same were granted to the company upon conditions which have been performed, so that the title of the company, and its vendees, has become vested and perfect.

From a careful consideration of the matter I deem it advisable to grant the request for suspension, and you will issue necessary instructions to the local officers accordingly.

COSBY ET AL. v. AVERY ET AL.

Motion for review of departmental decision of June 29, 1897, 24 L. D., 565, denied by Secretary Bliss, September 15, 1897.

CIRCULAR.

SETTLERS ON NORTHERN PACIFIC INDEMNITY LANDS.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

Washington, D. C., August 5, 1896.

REGISTERS AND RECEIVERS, UNITED STATES LAND OFFICES. GENTLEMEN: Your attention is called to the provisions of an act of Congress approved June 3, 1896, 29 Stat., 245, entitled "An act for the relief of settlers on the Northern Pacific Railroad indemnity lands," a copy of which is attached. The act contains three sections.

By the first section those persons, their heirs, or legal representatives, who, between August 15, 1887, and January 1, 1889, settled upon and made final proof and entry for land within what is known as the second indemnity belt of the Northern Pacific Railroad grant, within the State of Minnesota, which entries, without their fault, were afterwards canceled, are allowed to make homestead entry of a quantity of unappro priated public lands, subject to homestead entry, equal in acreage to that embraced in the canceled entry, and to receive patent therefor without settlement, improvement or cultivation; and those persons, their heirs, or legal representatives, who, between the dates aforesaid, for six months settled upon, improved and cultivated any land within said second indemnity belt, with a view to homestead or preemption entry, who, being qualified, were not permitted to make such entries, are allowed to enter under the homestead laws a quantity of land, unappropriated and subject to homestead entry, equal to that settled upon, improved and cultivated; and, when making proof and final entry, are entitled to credit for the settlement, improvement and cultivation of said indemnity land.

The entry authorized by this act must be made under the homestead law, and the fact that a claimant had previously made a homestead entry is no bar to an entry under it, provided he was qualified to make the entry made, or intended to be made of said indemnity land, such land being within the State of Minnesota, and that he has not since made entry under, and obtained the benefit of, the homestead law; and in the event of an application to commute, the law applicable to commutations prior to the amendment of section 2301, of the Revised Statutes, by the act of March 3, 1891, will govern.

*Not heretofore reported.

Applicants of the first class for entry under this section will be required to make affidavit as to the facts in relation to their former entries, and as to whether they have received back the fees and commissions, or the purchase money paid upon such entries; and in case they have done so, you will require them to make payment for the land entered under this act.

Applicants of the second class will be required to make affidavit as to the facts relative to their settlement, residence on, and improvement of, the indemnity land aforesaid, and where entry or filing was made, to facts in relation thereto; and where fees and commissions have been returned it will be necessary that payment be made for any entry made under this section.

Said affidavits must be corroborated by at least two witnesses having knowledge of the facts set forth therein, and should satisfactorily show compliance with the requirements of the law to the extent claimed, as they will form a part of the final proof for the land sought.

Under the second section persons entitled to homestead entries under the first section may make such entries of any of the agricultural lands embraced in the provisions of the act of Congress approved January 14, 1889 (25 Stat., 642), entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," upon payment of one dollar and twenty-five cents per acre therefor.

Under the provision of the third section the right of entry given by the act is personal and can not be transferred or assigned, but in case of death of the person entitled to enter, the entry may be made by his heirs or legal representatives; and no valid conveyance, sale, or transfer of the land entered can be made prior to the issue of patent. Very respectfully,

Approved:

E. F. BEST, Assistant Commissioner.

HOKE SMITH, Secretary.

[PUBLIC-No. 177.]

AN ACT for the relief of settlers on the Northern Pacific Railroad indemnity lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That those persons, their heirs, or legal representatives, who between the fifteenth day of August, anno Domini eighteen hundred and eightyseven, and the first day of January, anno Domini eighteen hundred and eighty-nine, settled upon and made final proof and entry, under the homestead or preemption laws, of lands within the so-called second indemnity belt of the Northern Pacific Railway Company's grant in the State of Minnesota, which entries were afterwards, without their fault, canceled, upon establishing these facts before the register and receiver of the local land office, in such mode and under such rules as may be prescribed by the Secretary of the Interior, shall be allowed to make final homestead entry, and receive a patent therefor, of a quantity of land of any of the unappropriated public lands of the United States subject to homestead entry, equal in acreage to the land proved up and entered in the said second indemnity belt, as aforesaid, 2670-VOL 25—17

without being required to make any settlement or improvement upon or cultivation of such land so entered prior to such entry; and those persons, their heirs or legal representatives, who, within the period aforesaid for the space of six months settled upon, improved, and cultivated any of said indemnity lands with a view of entering the same under the homestead or preemption laws, being competent to make such entries, and who were not permitted to make such entries, upon establishing these facts before the register and receiver of the local land office, in such mode and under such rules as the Secretary of the Interior may prescribe, shall be allowed to enter under the homestead laws of the United States a quantity of land of the unappropriated public lands of the United States, subject to homestead entry, equal in amount to the land settled upon, improved, and cultivated, as aforesaid, and under the homestead entry so made, shall, when making proof and final entry, receive credit for the settlement, improvement, and cultivation made upon the said indemnity land as aforesaid: Provided, That the law in force in eighteen hundred and eightynine governing the commutation of homestead entries shall apply to the commutation of entries under this section.

SEC. 2. That those who are entitled to make the homestead entries prescribed in the preceding section may make such entries of any of the agricultural lands embraced in the provision of an act entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nine, upon condition of paying for such lands the price prescribed in said act.

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

Approved, June 3, 1896.

RED LAKE AGRICULTURAL LANDS-ACT OF JUNE 3,1896.

INSTRUCTIONS.

Red Lake agricultural lands subject to homestead entry under the provisions of the act of January 14, 1889, may be taken by persons entitled to make entry under the act of June 3, 1896, but entries so made of such lands can not be commuted. Acting Commissioner Best to the Register and Receiver, Duluth, Minnesota, September 17, 1897.

On August 5, 1896, this office with the approval of the Secretary of the Interior, issued a circular of instructions (25 L. D., 256), for the guidance of local land officers in the treatment of applications by parties claiming the benefits of the act of Congress approved June 3, 1896 (29 Stat., 245), entitled "An act for the relief of settlers on the Northern Pacific Railroad indemnity land.”

Recently this office has received communications asking whether the entry authorized by said act can be made on lands known as the Red Lake agricultural lands, ceded and relinquished by the Chippewa Indians under the provisions of the act of January 14, 1889 (25 Stat., 642), and if so, whether the law in force in 1889 governing the commutation of homestead entries applies to entries so made, and whether, in proving up, payment in full can be made, or the entrymen will be required to pay in installments of $40.00 per annum for five years.

It has been represented to this office that the register at Crookston has ruled that the Red Lake agricultural lands are not subject to entry under the act of June 3, 1896, supra.

The first section of said act of June 3, 1896, specifies the parties who are entitled to the benefits intended to be conferred by it, and provides,

That the law in force in eighteen hundred and eighty-nine governing the commutation of homestead entries shall apply to the commutation of entries under this section.

The second section thereof provides

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

Therefore, any of the lands known as the Red Lake lands, agricultural in character and subject to homestead entry under the provisions of the act of January 14, 1889, are subject to the claims of parties entitled to make entry under the provisions of the act of June 3, 1896.

The sixth section of the act of January 14, 1889, provides for the disposal to actual settlers under the homestead laws of certain portions of the lands ceded by the Indians at the rate of $1.25 per acre, to be paid in five annual payments, and requires due proof of occupancy for five years and full payment before patent can issue. It is clear from these provisions that entries made under said act cannot be commuted.

Where an application is presented for entry of Red Lake lands under the act of June 3, 1896, by a party entitled to make the same, who has completed an entry on the Northern Pacific indemnity lands which has been canceled, the entry will be allowed upon the payment of $1.25 per acre for the land applied for. And where an application is presented by a party duly qualified to enter, but who has not completed an entry of said indemnity lands, such party when making proof and final entry will be entitled to credit for the settlement, improvement and cultivation of such land; but will be required to make the payments prescribed by the act of January 14, 1889, $40.00 each year prior to final proof, when the balance due may be paid, or, the whole amount may be paid at any time, but no final certificate as a basis for patent shall issue until proof of occupation for a period, which added to the period of settlement, improvement and cultivation of the indemnity lands aforesaid, shall make five years, shall have been made.

Where a party entitled to the privileges conferred by the act of June 3, 1896, makes entry of land subject to homestead entry, which may be commuted, the law in force in 1889 governing the commutation of homestead entries will apply.

Approved, September 17, 1897.

WEBSTER DAVIS,

Acting Secretary of the Interior.