NAME AND CONTENTS. State or Ter Date of Ap- U. S. Stat., ritory. proval. Vol. 24. Relinquishing certain lands to the city and county Right of way through the Gila River Indian Res- dian Reservations Kansas. Right of way through Fort Douglas Reservation. Utah. . Right of way through the Crow Reservation For the relief of settlers and purchasers of lands. { Nebraska California. Arizona. J Montana. March 2, '87. 446 March 3, '87. 477 Illinois. Montana. March 3, '87. 545 Utah. } Right of way through Indian Territory for rail road purposes. Relinquishing right of United States to certain Confirming New Madrid location survey Right of way through certain Indian lands in . Right of way through Fort Riley Military Reser vation. Right of way through Indian Territory for rail road purposes For the relief of the Omaha Indians. Establishing an additional land district in Providing for the survey of certain historic Granting certain lands for public purposes way purposes Right of way through Crow Indian Reservation. Montana. vation. For the sale of certain lands at Fort Leavenworth. Kansas. Right of way through the Siletz Reservation Nebraska. NAME AND CONTENTS. State or Ter- Date of Ap U. S. Stat., ritory. proval. Vol. 25. Right of way through Nez Perce Reservation. Idaho. Issuing patents for donation claims. {& Oregon. Granting certain lands to the city of Tuskaloosa. Alabama. Declaring that certain water reserve lands are sub- Idaho. July 26, '88. 349 26, '88. 350 Aug. Louisiana. Aug. 9, '88. 391 Wyoming. Wisconsin. Admitting into the Union and making donations S. Dakota, of public lands to them Granting title to certain lands to the county of Jan. 17, '89. 651 & Tennssee. Wisconsin. Jan. 30, '89. 654 Feb. 12, '89. 660 Feb. 13, '89. 668 Indian Ty. Feb. 13, '89. 668 Right of way through Yankton Indian Reservation. Ratifying the agreement made by Shoshones, Bannocks and Sheepeaters Indians. Right of way through the Fort Custer Military Right of way through the Fort D. A. Russell Military Reservation. Right of way through the Fort Powell Military March 2, '89. 871 Restoring to public domain certain lands in .Louisiana. Earth Indian Reservation Conveying certain lands at Fort Dodge to March 2, '89. 878 March 2, '89. 1008 Minnesota. March 2, '89. Kansas. March 2, '89. 1010 1012 1012 1013 Vol. 22. Resolution authorizing the lease of certain land in Michigan. June 26, '84. 275 B.-DECISIONS AND INSTRUCTIONS. a.-NATURALIZATION. INSTRUCTIONS. Upon what conditions aliens are allowed to make entry of public lands. Commissioner MCFARLAND to Register and Receiver, Watertown, Dakota, January 31, 1884. Referring to your letter of the roth inst., requesting instructions with regard to what conditions are required of aliens, to qualify them to make entry of lands under the homestead laws. You state that your office has adopted four rules, viz. : "1. When an alien has declared his intentions, etc., etc." "2. As equivalent of the above when his father had done so, and died during his minority." "3. When he came to this country before he was eighteen, and remained until two years after his majority." 4. Where he served in the Union army or navy, etc., etc." In answer, I have to state that aliens are qualified to make entry under the homestead laws upon the following conditions: 1. Where they have declared their intentions to become citizens of the United States, under Section 2165 Revised Statutes. 2. That it is equivalent to a declaration by the widow or minor children, where the father makes his declaration of intention, and dies before having taken out full papers. The case cited by you in 10 Copp, page 19 (the Jackson case) is recognized in this office. 3. When an alien comes to this country during his minority, and remains until after he reaches his majority, he must file his declaration under Sec. 2165, or comply with the requirements of Sec. 2167 before being qualified to make entry. See Secretary's decision in case of Hutchinson vs. Donaldson, Copp, Vol. 9, p. 150. 4. An honorable discharge from the United States armies, either the regular or volunteer forces, is equivalent to a declaration of intention. If the above rules are enforced, they can work no injustice to any alien applicant, and will at the same time conform strictly to the letter and spirit of the naturalization and homestead laws, in the simplest way, and all complications which have heretofore arisen from a misconstruction of these laws will be avoided. Except where plain and unequivocal statutory exception is made, you should require of all foreign-born applicants duly certified copies of their declarations of intention to become citizens, as a condition precedent to making an entry. PROPER PROOF OF NATURALIZATION. Acting Commissioner STONE to the Register and Receiver, Salt Lake City, Utah, September 5, 1889. I am in receipt of the Register's letter of August 9, 1889, requesting instructions as to what constitutes proper evidence of naturalization. The Register states that he was asked upon allowing a homestead entry to certify to the party's declaration of intention to become a citizen, the vital portion of which paper read as follows: "I, H. H. Henderson, clerk of the first judicial district court of the United States in and for the Territory of Utah, do certify that the above is a true copy of the original declaration of intention of John James Lake to become a citizen of the United States of America, remaining on record in my office," and that he refused to certify and accept a copy of the same because he was not authorized to do so by paragraph 6 of circular of July 17, 1889 (16 C. L. O., 97). The paper presented to the Register was a transcript from the records of the court in which the party declared his intention to become a citizen, showing the proceedings had and given under the hand and seal of the clerk of that court, and the party should not have been required to surrender the A copy of said paper properly certified to by either the Register or Receiver would have been entirely satisfactory. Under paragraph 6 of said circular, "the certification of the declaration to become a citizen of the United States, or other evidence necessary to establish citizenship, should be received only when made under the hand and seal of the clerk of the court in which such papers appear of record. But where it is shown that the judicial record has been lost or destroyed, the proof of such citizenship may be established by the rules governing the introduction of secondary evidence." This paragraph does not require the papers issued by the court to the party at the time he declares his intention to become a citizen or upon being naturalized to be surrendered and submitted to this office with the case, but that the original paper, or in other words the paper given the party by the court, together with a copy thereof, should be delivered to the officer taking proof, or in original entries then to the local officers, in order that the copy properly certified to may be submitted with the case to this office. Any such paper issued by the court in which the party was naturalized or declared his intention, as the case may be, and bearing the seal of said court, is satisfactory, and a copy of that paper certified to by the proper officer is the only evidence required by this office. JACOB H. EDENS. Naturalization.-Naturalization after entry and final proof cures defects respecting citizen. ship, and the entryman's rights relate back to date of settlement, although he was at that time an alien. The question whether final proof made by an alien will be accepted is not passed upon, the claimant being required to make new proof on other grounds. Secretary VILAS to Commissioner STOCKSLAGER, June 15, 1888. I have considered the appeal of Jacob H. Edens from your office decision of May 15, 1886, rejecting his final pre-emption proof for the S. W. 4 of S. W. 4 of Sec. 22, N. 1⁄2 of N. W. 4, and N. E. 4 of Sec. 27, 1. 32, R. 47 W., Valentine, Nebraska. Edens filed his declaratory statement for said land April 28th, alleging settlement April 18, 1885, and made proof January 26, 1886. The proof was rejected by the local officers for the reason that it does not |