CHAPTER 70 OSAGE TOWNSITE ACT, FROM INDIAN APPROPRIATION ACT OF MARCH 3, 1905 § 1071. 1072. (CHAPTER 1479, 33 STAT. 1049-1061) Osage townsite commission created. Reservation of lands for townsites directed. 1073. Lots to be appraised. 1074. Owners of improvements have preference right to purchase. 1075. Reservation for buildings used by licensed traders and others. 1076. Reservation for townsite at Fairfax. 1077. Reservation for additional townsites on Midland Valley Railroad. § 1071. Osage townsite commission created.—That there shall be created an Osage townsite commission consisting of three members, one of whom shall be the United States Indian agent at the Osage Agency, one to be appointed by the Chief Executive of the Osage Tribe and one by the Secretary of the Interior, who shall receive such compensation as the Secretary of the Interior may prescribe to be paid out of the proceeds of the sale of the lots sold under this act. § 1072. Reservation of lands for townsites directed.That the Secretary of the Interior shall reserve from selection and allotment the south half of section four and the north half of section nine, township twenty-five north, range nine east, of the Indian meridian, including the town of Pawhuska, which, except the land occupied by the Indian school buildings, the agency reservoir, the agent's office, the Council building and the residences of agency employees, and a twenty acre tract of land including the Pawhuska cemetery, shall be surveyed, appraised and laid off into lots, blocks, streets and alleys by said townsite commission, under rules and regulations prescribed by the Secretary of the Interior, business lots to be twenty-five feet wide and residence lots fifty feet wide, and sold at public auction, after due advertisement, to the highest bidder by said townsite commission, under such rules and regulations as may be prescribed by the Secretary of the Interior, and the proceeds of such sale shall be placed to the credit of the Osage Tribe of Indians: § 1073. Lots to be appraised.-Provided, that said lots shall be appraised at their real value exclusive of improvements thereon or adjacent thereto, and the improvements appraised separately: § 1074. Owners of improvements have preference right to purchase. And provided further, that any person, church, school or other association in possession of any of said lots and having permanent improvements thereon, shall have a preference right to purchase the same at the appraised value, but in case the owner of the improvements refuses or neglects to purchase the same, then such lots shall be sold at public auction at not less than the appraised value, the purchaser at such sale to have the right to take possession of the same upon paying the occupant the appraised value of the improvements. § 1075. Reservation for buildings used by licensed traders and others.-There shall in like manner be reserved from selection and allotment one hundred and sixty acres of land, to conform to the public surveys, including the buildings now used by the licensed traders and others, for a townsite at the town of Hominy; 1076. Reservation for townsite at Fairfax.-And the south half of the northwest quarter and the north half of the southwest quarter of section seven, township twentyfour north, range six east, for a townsite at the town of Fairfax, and the northeast corner, section thirteen, township twenty-four, range five east, consisting of ten acres, to be used for cemetery purposes; 1077. Reservation for additional townsites on Midland Valley Railroad.-And two townsites of one hundred and sixty acres each on the line of the Midland Valley Railroad Company adjacent to stations on said line, not less than ten miles from Pawhuska. And the town lots at said towns of Fairfax and Hominy and at said townsites on line of the Midland Valley Railroad shall be surveyed, appraised and sold the same as provided for town lots in the town of Pawhuska. CHAPTER 71 ALLOTMENT AGREEMENT WITH THE PAWNEES, ENTERED § 1078. Cession of lands to United States. 1079. Allotments made by executive order confirmed. 1080. Allotments to be controlled by conditions and limitations of General Allotment Act and amendments, where not other 1086. Consideration for cession of lands to United States. 1087. Previous agreements not repealed except when in conflict. 1088. Effective when ratified by Congress. Articles of agreement made and entered into by and between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States, and the Pawnee Tribe of Indians in the Indian Territory. § 1078. Cession of lands to United States.—[Art. I]. The Pawnee Tribe of Indians, in the Indian Territory, for the considerations hereinafter set forth, hereby cedes, conveys, releases, relinquishes, and surrenders to the United States all its title, claim, and interest, of every kind and character, in and to the following described reservation in the Indian Territory, to-wit: All of that tract of country between the Cimarron and Arkansas rivers, embraced within the limits of townships. twenty-one (21), twenty-two (22), twenty-three (23), and twenty-four (24) north, of range four (4) east; townships eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), and twenty-four (24) north, of range five (5) east; townships eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), and twenty-three (23) north, of range six (6) east, of the Indian meridian. § 1079. Allotments made by executive order confirmed. -[Art. II]. Whereas the President of the United States, by virtue of the authority conferred upon him by law, has directed that the individual members of said tribe of Indians shall take allotments of land in said reservation and hold the titles thereto in severalty; and Whereas an allotting agent has been appointed to set apart such allotments and is now engaged in the prosecution of that work: It is agreed that the allotments of land made and to be made under such direction of the President shall in all things be confirmed. § 1080. Allotments to be controlled by conditions and limitations of General Allotment Act and amendments where not otherwise provided.-The title to the allotments so made shall in all things, except as herein otherwise expressly provided, be governed by all the conditions and limitations contained in the law of Congress entitled "An act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States over the Indians, and for other purposes," approved February 8, 1887, and an act amendatory thereof, approved February 28, 1891: Provided, however, that said Indians shall be diligent in selecting their said land, and all allotments shall be selected and designated within four months after this agreement shall be ratified by the Congress of the United States, unless the Secretary of the Interior in his discretion shall extend said time: And provided further, such allotments shall be selected by the allottee, himself or herself, when over the age of eighteen years; but for allottees of said tribe under the age of eighteen years the father, if living, but if dead then the mother, shall select such allotment; and if neither father nor mother be living, then such allotment shall be |