OCR Text |
Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. LIII without' payment of fees or commissions on account of such eutries or proofs. Indian homesteads can not be commuted and are not subject to sale, assignment, lease, or incumbrance. All patents issued for such homesteads must be of legal effect and declare that the United States dces and will hold the land thus entered for the period of twenty-fire years in trust for the sole use and benefit of the Indian b j whom the entry is made, or, in case of his decease, for that of his widow and heirs according to the laws of the State or Territory where such land is lucated, and that at the expiration of such period the United States will convey the same by patent to said Indian or his widow and heirs in fee, discharged of said triist, and free of all charge or incumbrance whatever. Under the provisions of sectidn 15 of the act of March 3, 1875, a large number of the Winnebagoes of Wisconsin selected and settled upon homestead claims, for whose benefit, as well as for that of others of the tribe who were unable to do so on account of poverty, Oongress passed an act approved J a n u a r ~1 8,1881 (21 Stats., 316). The records of this office show that some 551 of the Wisconsin Winnebagoes made homestead entries; but the records of theGenera1 Lana Office indicate that many of them failed to submit final proof within the statutory period. In 0rdi.r to obtain accurate information, it is desirable to send a special agent with orders to investigate and make a full report of the condition of thiugs. With this in view I requested the General Land Office, under date of April 25, 1890, to furnish this office such infor-mation as is shown by its recorcls as to the present status of the home-steads above referred to. When this is received, with the report of the special agent., steps will be taken looking to the adjudication of the Winnebago cases now awaiting final action by the General Land Office, as well as to the disposition of other claims covering the lands reserved for and entered by these Wisconsin Winnebagoes. In many instances Indians have been anxious to avail themselves of thebenefits of the homestead laws and have attempted todo so; but their iguorauce and want of familiarity with the rules and regulations under which tliey must act have too frequently brought them nothing but failure. Often, too,it is no sooner known that they contemplate such a step than some white man seizes the land they have fixed upon, or man-ages to dispossess them if they have actually settled on it. Therefore Indian homestead contests are not infrequent, and in every instance where this offioe has been notified immediate steps have been taken to save the lands to the Indians. Lauds obtained by non-'reserration In-dians under the provisions of the fourth sectioli of the general allot-ment act (24 Stats. 388) art? not subject to contest. For this reason and because of the uimpleproceedings required the Indians are advised by thia offioe to avail themselves of the provisions of that act and sec-tiou rather than to altempt to secure a titlo to their homea under the requirements of the homestead laws. |