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Show 54 REPORTS OF THE DEPARTMENT OF THE INTERIOR. BISM&CK( M A ~ s ) ,N . D~K. In the Indian appropriation act approved March 3,1901 (31 Stat. L., 1078), Congress appropriated $50,000 for erecting, constructing, and completing suitable school buildings for an Indian industrial school at or near the city of Mandan, in the State of North Dakota, upon lands to be donated to the Government for that purpose, of not less than one hundred and sixty acres in extent, and of such character and in such location as shall be deemed by the Secretary of the Inte-rior to be most suitable for the purpose, and upon plans and speoifica-tions to be approved by the Secretary of the Interior." Section 27 of the Indian appropriation act approved April 21, 1904 (33 Stat. L., 225), provided "that the Indian school authorized by the act of March third, nineteen hundred and one * * * to be located at or near the city of Mandan, in the State of North Dakota, is hereby located near the city of Bismarck, in the State of North Dakota, upon lands donated to the Government for that purpose and accepted by the Secretary of the Interior." The Department on November 16 authorized this Office to take steps for the establishlqent of the proposed school, with an independent water system, at Bismarck, N. Dak. Three deeds were submitted: One from the Northern Pacific Company, donating parts of lots 1,2, and 3, and of the E. + of the NE. 2 of sec. 31, T. 189, R. 80 W., in Burleigh County, N. Dak., subjeet to an easement from the railway company to the Bismarck Water Company for pipe-line purposes across said tracts of land, and also portions of lots 3 and 4 of see. 31, containing 16.67 acres; another from James 0. Kruhn, donating a part of the S. + of the SW. of sec. 32, T. 139, N., R. 80 W., in same county, containing 3 acres of land, and the third, also from James 0. Kruhn, donating land in the SE. t of sec. 31, T. 139, R. 80 W., same county, containing 8.265 acres of land. These deeds, with abstracts, were submitted to the Department on February 13,1905, for the written opinion of the Attorney-General as to validity of title. In his opinion the Acting Attorney-General said : In the abstract of title marked No. 1 are noted three tax deeds (numbered therein 7, 8, and 9) aEeeting the premises granted by the Northern Pacific Rail-way Company, as above. Unless already redeemed, thewe tax deeds constitute at least apparent incumbrances upon the granted premlaes and should be removed. Subject to these incumbrances, if any, and subject to taxes assessed on said premises and remaining unpaid, if any, and also subject to the easement held by the Bismarck Water Company above mentioned, the aforesaid deed of the Nortbern Pacific Railway Company is, in my opinion, sumcient to mnvey a valid We to the premises therein described and granted. |