SEC. 13. That it shall be the duty of any person, association, or corporation entitled to purchase land under this act to make an application to the United States marshal, ex officio surveyor-general of Alaska, for an estimate of the cost of making a survey of the lands occupied by such person, association, or corporation, and the cost of the clerical work necessary to be done in the office of the said United States marshal, ex officio surveyor-general; and on the receipt of such estimate from the United States marshal, ex officio surveyor-general, the said person, association, or corporation, shall deposit the amount in a United States depository, as is required by section numbered 2401, Revised Statutes, relating to deposits for surveys.

That on receipt by the United States marshal, ex officio surveyor-general, of the said certificates of deposit he shall employ a competent person to make such survey, under such rules and regulations as may be adopted by the Secretary of the Interior, who shall make his return of his field notes and maps to the office of the said United States marshal, ex officio surveyor-general; and the said United States marshal, ex officio surveyor-general, shall cause the said field notes and plats of such survey to be examined, and, if correct, approve the same, and shall transmit certified copies of such maps and plats to the office of the Commissioner of the General Land Office.

That when the said field notes and plats of said survey shall have been approved by the said Commissioner of the General Land Office, he shall notify such person, association, or corporation, who shall then, within six months after such notice, pay to the said United States marshal, ex officio surveyor-general, for such land, and patent shall issue for the same.

SEC. 14. That none of the provisions of the last two preceding sections of this act shall be so construed as to warrant the sale of any lands belonging to the United States which shall contain coal or the precious metals, or any townsite, or which shall be occupied by the United States for public purposes, or which shall be reserved for such purposes, or to which the natives of Alaska have prior rights by virtue of actual occupation; or which shall he selected by the United States Commissioner of Fish and Fisheries on the islands of Kadiak and Afognak for the purpose of establishing fish-culture stations. And all tracts of land not exceeding 640 acres in any one tract now occupied as missionary stations in the said district of Alaska are hereby excepted from the operation of the last three preceding sections of this act. No portion of the islands of the Primbylov Group or the seal islands of Alaska shall be subject to sale under this act; and the United States reserves, and there shall be reserved in all patents issued under the provisions of the last two preceding sections, the right of the United States to regulate the taking of salmon and to do all things necessary to protect and prevent the destruction of salmon in all the waters of the lands granted frequented by

salmon.

SEC. 15. That until otherwise provided by law the body of lands known as Annette Islands, situated in Alexander Archipelago in Southeastern Alaska, on the north side of Dixon's entrance, be, and the same is hereby, set apart as a reservation for the use of the Metlakahtla Indians, and those people known as Metlakahtlans who have recently emigrated from British Columbia to Alaska, and such other Alaskan natives as may join them, to be held and used by them in common, under such rules and regulations and subject to such restrictions as may be prescribed from time to time by the Secretary of the Interior.

TOWNSITES ON MINERAL LANDS.

SEC. 16. That townsite entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof, and when entry has been made or patent issued for such, townsites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein and the surface ground appertaining thereto: Provided, That no entry shall be made by such mineral vein claimant for surface ground where the owner or occupier of the surface ground shall have had posses sion of the same before the inception of the title of the mineral vein applicant.

SITES FOR RESERVOIR-320 ACRES OF MINERAL LANDS.

SEC. 17. That reservoir sites located or selected and to be located and selected under the provisions of "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1889, and for other pur poses," and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs, and that the provision of "An act making appropriations for sundry civil expenses of the government for the fiscal ending June 30, 1891, and for other purposes," which reads as follows, namely: "No person who shall, after the passage of this act, enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws, shall be permitted to acquire title to more than 320 acres in the aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands, and not to include lands entered or sought to be entered under mineral land laws.

IRRIGATING RESERVOIRS, DITCHES AND CANALS.

SEC. 18. That the right of way through the public lands and reservations of the. United States is hereby granted to any canal or ditch company formed for the purpose of irrigation and duly organized under the laws of any State or Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by the water of the reservoir, and of the canal and its laterals, and 50 feet on each side of the marginal limits thereof; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the government of any such reservation; and all maps of location shall be subject to the approval of the department of the government having jurisdiction of such reservation, and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories.

SEC. 19. That any canal or ditch company desiring to secure the benefits of this act shall, within twelve months after the location of 10 miles of its canal, if the

same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any canal, ditch, or reservoir, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

SEC. 20. That the provisions of this act shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or associations of individuals, on the filing of the certificates and maps herein provided for. If such ditch, canal or reservoir has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the register of the land office where said land is located, a map of the line of such canal, ditch or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats heretofore filed shall have the benefits of this act from the date of their filing, as though filed under it: Provided, That if any section of said canal or ditch shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture.

SEC. 21. That nothing in this act shall authorize such canal or ditch company to occupy such right of way except for the purpose of said canal or ditch, and then only so far as may be necessary for the construction, maintenance, and care of said canal or ditch.

MISCELLANEOUS PROVISIONS.

SEC. 22. That the section of land reserved for the benefit of the Dakota Central Railroad Company on the west bank of the Missouri River, at the mouth of Bad River, as provided by section 16 of "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations, and to secure the relinquishment of the Indian title to the remainder, and for other purposes," approved March 2, 1889, shall be subject to entry under the townsite law only.

SEC. 23. That in all cases where second entries of land on the Osage Indian trust and diminished reserve lands in Kansas, to which at the time there were no adverse claims, have been made, and the law complied with as to residence and improvement, said entries be, and the same are hereby, confirmed, and in all cases where persons were actual settlers and residing upon their claims upon said Osage Indian trust and diminished reserve lands in the State of Kansas on the 9th day of May, 1872, and who have made subsequent pre-emption entries either upon public or upon said Osage Indian trust and diminished reserve lands, upon which · there were no legal prior adverse claims at the time, and the law complied with as to settlement, said subsequent entries be, and the same are hereby, confirmed. SEC. 24. 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.

AMENDATORY ACT.

An act to amend section eight of an act approved March third, eighteen hundred and ninety-one; entitled "An act to repeal timber culture laws and for other purposes."

Be it enacted, etc., That section eight of an act entitled "An act to repeal timber culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, be and the same is hereby amended so as to read as follows:

"SEC. 8. That suits by the United States to vacate and annul any patent heretofore issued shall only be brought within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents. And in the States of Colorado, Montana, Idaho, North Dakota and South Dakota, Wyoming, and the District of Alaska, and the gold and silver regions of Nevada, and the Territory of Utah, in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident thereof for agricultural, mining, manufacturing or domestic purposes under rules and rugulations made and prescribed by the Secretary of the Interior, and has not been transported out of the same, but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain: Provided, That the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations, but this act shall not operate to repeal the act of June 3d, 1878, providing for the cutting of timber on mineral lands."

Approved, March 3, 1891.

CHAPTER V.

WHERE TO SETTLE.

The question "where to settle" is a serious one to the emigrant. The suggestions here offered are not in favor of any particular locality or community. They are such as must present themselves to every person who will give the subject serious consideration.

The wonderful diversity of soil and climate, society and facilities for the several industries presented by the broad expanse of our country, offers to every man a congenial location and a happy home.

The advantages of migrating in companies of three to twenty families are many. An agent can be chosen to examine the region in which after full inquiry, correspondence and reading, it is decided to settle. Low rates can be obtained for outfit, traveling and other expenses, land in large quantities can be bought cheap, while the discomforts of going upon Government lands are materially lessened when friends go in colonies.

Starting with the assumption that the emigrant is industrious, sober and intelligent, the points to be aimed at are-first and foremost, health and bodily comfort, second, mental and moral growth; third, financial success in the near future.

HEALTH AND BODILY COMFORT.

If the health of himself and family is good, a climate like the one he is leaving should be sought by the settler. Run no risk by going upon the low land when accustomed to the hills; to a humid atmosphere from a dry bracing one, or the

reverse.

Consult the family physician, and gain all information possible about the mean annual temperature, extremes of heat and cold, the amount of rainfall, chills and fever, etc., in the region decided upon.

On the other hand, a change of climate often restores physical vigor. Many a consumptive from bleak New England has discovered fountains of health in the south and southwest.

The surroundings, especially the state of society, have much to do with physical comfort. In a turbulent, irreligious community, where crime goes unpunished and the criminal is somewhat of a hero, a peace-loving family will be in a constant state of worry, that must eventually affect their general health. Let such regions be avoided as a pest-house is shunned.

Political troubles prevent immigration, as they aid emigration or an exodus. No community that deprives any honest citizen of his political rights can expect to secure an intelligent class of immigrants, and may expect to lose those who are disfranchised. The enterprising among them will find homes amidst a wiser people, and let the office-holders collect their salaries from waste land if they can. There is no truer axiom than that in any neighborhood each man's gain is everydy's gain and each man's loss is everybody's loss.

MENTAL AND MORAL GROWTH.

Seek a State or Territory whose officials appreciate churches and schools; he taxpayers perceive the fact that every dollar spent on education and relig

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