Chapter 23

And whereas it now appears upon satisfactory proof that tonnage or light-house dues, or a tax or taxes equivalent thereto, are in fact imposed upon American vessels and their cargoes entered in ports of the Island of Tobago higher and other than those imposed upon vessels and their cargoes entered in ports of the Island of Tobago, or their cargoes, entered in ports of the United States, so that said proclamation of December second, eighteen hundred and ninety one, in its operation and effect contravenes the meaning and intent of said section 11 of the act of Congress approved June nineteenth, eighteen hundred and eighty-six;

Now, therefore, I, William McKinley, President of the United States of America, by virtue of the aforesaid section 11 of the act aforesaid, as well as in pursuance of the terms of said proclamation itself, do hereby revoke the said proclamation of December second, eighteen hundred and ninety-one suspending the collection of the whole of the duty of three cents per ton, not to exceed fifteen cents per ton per annum (which is imposed by the aforesaid section of said act) upon vessels entered in the ports of the United States from any of the ports of the Island of Tobago; this revocation of said proclamation to take effect on and after the date of this my proclamation.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 13th day of March, in the year of our Lord one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twenty-third.

WILLIAM McKINLEY.

By the President: JOHN HAY, _Secretary of State._

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas by a proclamation of the President of the United States, dated April seventh, eighteen hundred and eighty-five upon proof then appearing satisfactory that upon vessels of the United States arriving at the Island of Trinidad, British West Indies, no due was imposed by the ton as tonnage or as light money and that no other equivalent tax on vessels of the United States was imposed at said island by the British Government, the President did declare and proclaim from and after the date of his said proclamation of April seventh, eighteen hundred and eighty-five, the suspension of the collection of the tonnage duties of three cents per ton, not to exceed fifteen cents per ton per annum, imposed upon vessels entered in ports of the United States from any of the ports of the Island of Trinidad by section 14 of the act of Congress approved June twenty-six, eighteen hundred and eighty-four, entitled "An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade and for other purposes;"

And whereas it now appears upon satisfactory proof that tonnage or light-house dues, or a tax or taxes equivalent thereto, are in fact imposed upon American vessels and their cargoes entered in ports of the Island of Trinidad higher and other than those imposed upon vessels from ports in the Island of Trinidad or their cargoes entered in ports of the United States, so that said proclamation of April seventh, eighteen hundred and eighty-five, in its operation and effect contravenes the meaning and intent of section 14 of the act of Congress approved June twenty-six, eighteen hundred and eighty-four, as amended by section 11 of the act of Congress approved June nineteenth, eighteen hundred and eighty-six, entitled "An act to abolish certain fees for official services to American vessels and to amend the laws relating to shipping commissioners, seamen, and owners of vessels and for other purposes;"

Now, therefore, I, William McKinley, President of the United States of America, by virtue of the aforesaid section 14 of the act of Congress approved June twenty-six, eighteen hundred and eighty-four as amended by the aforesaid section 11 of the act approved June nineteenth, eighteen hundred and eighty-six, do hereby revoke the said proclamation of April seventh, eighteen hundred and eighty-five, suspending the collection of the whole of the duty of three cents per ton, not to exceed fifteen cents per ton per annum (which is imposed by the aforesaid sections of said acts), upon vessels entered in the ports of the United States from any of the ports of the Island of Trinidad; this revocation of said proclamation to take effect on and after the date of this my proclamation.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 13th day of March, in the year of our Lord one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twenty-third.

WILLIAM McKINLEY.

By the President: JOHN HAY, _Secretary of State._

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas, it is deemed necessary in the public interests that certain lands lying to the eastward of the city of San Juan, in Puerto Rico, be immediately reserved for naval purposes;

Now, therefore, I, William McKinley, President of the United States, by virtue of the authority in me vested, do hereby, declare, proclaim, and make known that the following-described lands be and the same are hereby reserved for naval purposes until such time as the Congress of the United States shall otherwise direct, to wit:

1st. The public land, natural, reclaimed, partly reclaimed, or which may be reclaimed, lying south of the Caguas Road, shown on the U.S. Hydrographic Map No. 1745 of July, 1898, and for 250 feet north of said Caguas Road, to be bounded on the west by a true north and south line passing through the eastern corner of the railway station shown on said map, on the south by the shore of the harbor, and to extend east 2,400 feet, more or less, to include 80 acres.

2nd. The entire island lying to the southward of the above-described land, and described on the U.S. Hydrographic Map No. 1745, of July, 1898, as Isla Grande, or Manglar.

The Military Governor of the Island of Puerto Rico will make this transfer through the representative of the Navy, the Commandant of the United States Naval Station, San Juan, Puerto Rico, who will present this proclamation.

_March 29, 1899._

WILLIAM McKINLEY.

By the President: JOHN HAY, _Secretary of State._

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, it is provided by section twenty-four of the act of Congress, approved March third, eighteen hundred and ninety-one, entitled, "An act to repeal timber-culture laws, and for other purposes," "That the President of the United States may, from time to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and the President shall, by public proclamation, declare the establishment of such reservations and the limits thereof;"

And whereas, the public lands in the State of California, within the limits hereinafter described, are in part covered with timber, and it appears that the public good would be promoted by setting apart and reserving said lands as a public reservation;

Now, therefore, I, William McKinley, President of the United States, by virtue of the power in me vested by section twenty-four of the aforesaid act of Congress, do hereby make known and proclaim that there is hereby reserved from entry or settlement and set apart as a Public Reservation all those certain tracts, pieces or parcels of land lying and being situate in the State of California and particularly described as follows, to wit:

Townships eleven (11), twelve (12) and thirteen (13) North, Range sixteen (16) East, Mount Diablo Base and Meridian, California; Townships eleven (11), twelve (12) and thirteen (13) North, Range seventeen (17) East; and so much of Township eleven (11) North, Range eighteen (18) East, as lies west of the summit of the Sierra Nevada Range of mountains in El Dorado County, California.

Excepting from the force and effect of this proclamation all lands which may have been, prior to the date hereof, embraced in any legal entry or covered by any lawful filing duly of record in the proper United States Land Office, or upon which any valid settlement has been made pursuant to law, and the statutory period within which to make entry or filing of record has not expired; _Provided_, that this exception shall not continue to apply to any particular tract of land unless the entryman, settler or claimant continues to comply with the law under which the entry, filing or settlement was made.

Warning is hereby expressly given to all persons not to make settlement upon the tract of land reserved by this proclamation.

The reservation hereby established shall be known as The Lake Tahoe Forest Reserve.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington this 13th day of April, in the year of our Lord one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twenty-third.

WILLIAM McKINLEY.

By the President: JOHN HAY, _Secretary of State._

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas, by the provisions of an act approved February 20, 1895, entitled "An act to disapprove the treaty heretofore made with the Southern Ute Indians to be removed to the Territory of Utah, and providing for settling them down in severalty where they may so elect and are qualified and to settle all those not electing to take lands in severalty, on the west forty miles of present reservation and in portions of New Mexico, and for other purposes, and to carry out the provisions of the treaty with said Indians June fifteenth, eighteen hundred and eighty," the agreement made by the commissioners on the part of the United States with the Southern Ute Indians of Colorado bearing date November thirteenth, eighteen hundred and eighty-eight, was annulled and the treaty made with said Indians June fifteenth, eighteen hundred and eighty, was directed to be carried out as therein provided and as further provided by general law for settling Indians in severalty; and

Whereas it was further provided by said act that within six months after the passage thereof, the Secretary of the Interior should cause allotment of land, in severalty, to be made to such of the Southern Ute Indians in Colorado, as might elect and be considered by him qualified to take the same out of the agricultural lands embraced in their present reservation in Colorado, such allotments to be made in accordance with the provisions of the act of Congress approved June fifteenth, eighteen hundred and eighty, entitled "An act to accept and ratify the agreement submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State and for other purposes, and to make the necessary appropriations for carrying out the same," and the amendments thereto, as far as applicable, and the treaties theretofore made with said Indians; and

Whereas it was further provided that for the sole and exclusive use of such of said Indians as might not elect or be deemed qualified to take allotments in severalty as provided, there should be set apart and reserved all that portion of their reservation lying west of the range line between ranges thirteen and fourteen west of the New Mexico Principal Meridian, and also all of townships thirty-one and thirty-two of ranges fourteen, fifteen, and sixteen west of the New Mexico Principal Meridian and lying in the Territory of New Mexico, subject to the right of the Government to erect and maintain agency buildings thereon, and to grant rights of way through the same for railroads, irrigation ditches, highways and other necessary purposes; and

Whereas under the provisions of section four of said act it was made the duty of the President of the United States to issue his proclamation declaring the lands within the reservation of said Indians except such portions as might have been allotted or reserved under the provisions of the preceding sections of said act, open to occupancy and settlement, said unallotted and unreserved lands to be and become a part of the public domain of the United States and to become subject to entry, under the desert, homestead, and townsite laws and the laws governing the disposal of coal, mineral, stone and timber lands, but providing that no homestead settler should receive a title to any portion of such lands at less than one dollar and twenty-five cents per acre, and such settlers should be required to make a cash payment of fifty cents per acre at the time filing is made upon any of said lands; and providing that before said lands should be open to public settlement the Secretary of the Interior should cause the improvements belonging to the Indians on the lands then occupied by them to be appraised and sold at public sale to the highest bidder, except improvements on lands allotted to the Indians in accordance with this act; and providing that no sale of such improvements should be made for less than the appraised value and that the several purchasers of said improvements should, for thirty days after the issuance of the President's proclamation have the preference right of entry of the lands upon which the improvements purchased by them should be situated, but that the said purchase should not exceed one hundred and sixty acres and that the proceeds of such improvements should be paid to the Indians owning the same; and

Whereas it is further provided that the provisions of said act should take effect only upon the acceptance thereof and consent thereto by a majority of all the male adult Indians then located or residing upon the reservation, which acceptance should be at once obtained under such regulations as the Secretary of the Interior might prescribe; and

Whereas allotments have been made as provided for in said act, and all the other terms and considerations as required therein have been complied with, precedent to opening the unallotted and unreserved lands in said reservation to settlement and entry, except the sale of improvements on the NE 1/4 NW 1/4, S 1/2 NW 1/4 and NW 1/4 SW 1/4 Sec. 1, T. 33 N., R. 9 W., belonging to Ignacio, an Indian, but said sale will be immediately ordered and the rights of the purchaser thereof will be protected for thirty days from date of this proclamation, as provided by the act, by instructions to the register and receiver of the local land office having jurisdiction over the same, and as this exception is not considered a bar to the opening of the unallotted and unreserved lands to settlement; and

Whereas I issued a proclamation on the 29th day of March, last, intended to open the lands to settlement and entry as authorized in said act, but as some question has arisen as to the boundaries proclaimed being sufficiently definite to cover the lands intended to be opened,

Now, therefore, I, William McKinley, President of the United States, for the purpose of removing any doubt and making the boundaries of said lands more definite, by virtue of the power in me vested by said act, do hereby issue this, my second proclamation, and do hereby declare and make known that all of the lands embraced in said reservation, saving and excepting the lands reserved for and allotted to said Indians, and the lands reserved for other purposes in pursuance of the provisions of said act, will, at and after the hour of twelve o'clock noon (mountain standard time) on the 4th day of May, A.D., eighteen hundred and ninety-nine, and not before, be open to settlement and entry under the terms of and subject to all the conditions, limitations, reservations and restrictions contained in said act, and the laws of the United States applicable thereto.

The lands to be opened to settlement and entry are described as lying within the following boundaries: Beginning at the point established by S.S. Gannett, Special Indian Agent, in June, 1897, at the intersection of the 107th meridian and the 37th parallel of latitude; thence north 15 miles along the eastern boundary of the reservation; thence westerly along the north boundary of the Southern Ute Indian Reservation to its intersection with the range line between ranges thirteen and fourteen west of the New Mexico Principal Meridian; thence south fifteen miles on said range line to the south boundary of the State of Colorado; thence easterly along the south boundary of the State of Colorado to the place of beginning.

The survey of the east boundary of the above tract through townships 32, 33, and 34 N., R. 1 W., and of that part of the north boundary in Tps. 34 N., Rs. 1 and 2 W., being in process of correction owing to errors found in said survey, notice is hereby given to all parties who may elect to make entries of lands adjoining the boundary lines subject to correction, that their entries will be at their own risk, and subject to such changes as to the boundaries of the several tracts so entered as may be found necessary in the progress of the correction of the erroneous survey, and that without recourse to the United States for any damage that may arise as the result of the correction survey.

The lands allotted to the Indians are for greater convenience particularly described in the accompanying schedule entitled "Schedule of lands within the Southern Ute Indian Reservation allotted to the Indians and withheld from settlement and entry by proclamation of the President dated April 13, 1899," and which schedule is made a part thereof.

An error having been made in 1873 in the survey and location of the eastern boundary of the reservation hereby opened to settlement and entry whereby certain lands constituting a part of the reservation were erroneously identified as being outside of the reservation, by reason of which several persons in good faith settled upon said lands under the belief that the same were unappropriated public lands open to settlement, and have since improved and cultivated, and are now residing upon the same with a view to the entry thereof under the public land laws, notice is hereby given that in so far as said persons possess the qualifications required by law, and maintain their said settlement and residence up to the time of the opening herein provided for, they will be considered and treated as having initiated and established a lawful settlement at the very instant at which the lands become open, and as having the superior right and claim to enter said lands, which right must be exercised within three months from the time of said opening.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 13th day of April, in the year of our Lord one thousand eight hundred and ninety-nine, and of the Independence of the United States the one hundred and twenty-third.

WILLIAM McKINLEY.

By the President: JOHN HAY, _Secretary of State._

SCHEDULE OF LANDS WITHIN THE SOUTHERN UTE INDIAN RESERVATION ALLOTTED TO THE INDIANS AND WITHHELD FROM SETTLEMENT AND ENTRY BY PROCLAMATION OF THE PRESIDENT DATED APRIL 13, 1899.

_In Township 32 North, Range 3 West._

Southwest quarter of southwest quarter of section 4; south half of southeast quarter and southeast quarter of southwest quarter of section 5; north half of northeast quarter, east half of northwest quarter, east half of southwest quarter and southwest quarter of southwest quarter of section 8; north half of northwest quarter and southeast quarter of northwest quarter of section 9; southeast quarter of southwest quarter and south half of southeast quarter of section 10; southwest quarter of southwest quarter of section 11; northwest quarter of northwest quarter of section 13; north half of northeast quarter and north half of northwest quarter of section 14; northeast quarter of northeast quarter of section 15; northwest quarter of northwest quarter of section 17; and northeast quarter of northeast quarter of section 18.

_In Township 33 North, Range 3 West._

East half of section 3; northeast quarter, south half of northwest quarter and west half of southwest quarter of section 10; south half of southeast quarter and south half of southwest quarter of section 19; east half of northeast quarter, southeast quarter, east half of southwest quarter and southwest quarter of southwest quarter of section 20; northwest quarter and north half of southwest quarter of section 21; west half of northwest quarter of section 28; east half, east half of northwest quarter and northwest quarter of northwest quarter of section 29; north half of northeast quarter and north half of northwest quarter of section 30; and northeast quarter of section 32.

_In Township 34 North, Range 3 West._

Southwest quarter of southwest quarter of section 22; northwest quarter of northwest quarter, south half of northwest quarter and southwest quarter of section 27; and north half of northwest quarter, southeast quarter of northwest quarter, southwest quarter of northeast quarter and southeast quarter of section 34.

_In Township 32 North, Range 4 West._

Southwest quarter of southeast quarter of section 10; southwest quarter of southwest quarter of section 13; south half of southeast quarter, south half of southwest quarter and northwest quarter of southwest quarter of section 14; west half of northeast quarter, south half of northwest quarter, west half of southeast quarter and southwest quarter of section 15; south half of section 16; south half of northeast quarter, south half of northwest quarter, north half of southeast quarter and north half of southwest quarter of section 17; south half of northeast quarter, north half of southeast quarter, southeast quarter of northwest quarter and northeast quarter of southwest quarter of section 18; north half and north half of southeast quarter of section 21; north half, north half of southeast quarter and north half of southwest quarter of section 22; north half, north half of southeast quarter and north half of southwest quarter of section 23; and west half of northwest quarter and northwest quarter of southwest quarter of section 24.

_In Township 33 North, Range 4 West_.

South half of northeast quarter, northwest quarter, north half of southeast quarter, southeast quarter of southeast quarter and northeast quarter of southwest quarter of section 23; south half of section 24; and north half of northeast quarter of section 25.

_In Township 34 North, Range 4 West._

All of section 7; all of section 8; north half of section 9; all of section 10; north half, southwest quarter, north half of southeast quarter and southwest quarter of southeast quarter of section 11; northwest quarter and northwest quarter of southwest quarter of section 12; west half of northwest quarter and northwest quarter of southwest quarter of section 13; all of section 14; east half, east half of northwest quarter, and southwest quarter of section 15; south half of southeast quarter of section 16; north half of northeast quarter, north half of northwest quarter, southwest quarter of northwest quarter, and southwest quarter of section 18; west half of section 19; east half of southeast quarter of section 20; east half, east half of northwest quarter, and southwest quarter of section 21; north half of northeast quarter, north half of northwest quarter, southwest quarter of northwest quarter and northwest quarter of southwest quarter of section 22; north half of the northwest quarter of section 28; and northeast quarter of northeast quarter of section 29.

_In Township 32 North, Range 5 West._