Proclamation 771—Opening of Lower Brule Indian Reservation Lands

August 12, 1907

By the President of the United States of America

A Proclamation

Whereas, the Act of Congress, approved April 21, 1906 (34 Stat., 124), provided that all of the west half of Townships one hundred and six, one hundred and seven, one hundred and eight, one hundred and nine and one hundred and ten north, Range seventy-seven west of the fifth principal meridian, and Fractional Townships one hundred and six, one hundred and seven, one hundred and eight, one hundred and nine and one hundred and ten north, Range seventy-eight West of the fifth principal meridian, and Fractional Township one hundred and ten north, Range seventy-nine west fifth principal meridian except sections sixteen and thirty-six in each of said townships, and such parts of said lands as are held under allotments to Indians, shall be disposed of under the general provisions of the homestead laws of the United States, and shall be opened to settlement and entry at not less than their appraised value by proclamation of the President, which proclamation shall prescribe the manner in which these lands shall be settled upon, occupied and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in such proclamation until aiter the expiration of sixty days from the time when the same are opened to settlement and entry.

And Whereas, all of the lands subject to settlement, entry and sale under said act have been duly appraised as appears from a schedule thereof hereto attached.

Now, Therefore, I, Theodore Roosevelt, President of the United States, by virtue of the power and authority in me vested by said Act of Congress, do hereby prescribe and proclaim that all of said lands subject to sale and disposal under said act will be opened to settlement, entry and disposition under the general provisions of the homestead laws, and of the said Act of April 21, 1906, in the manner hereinafter prescribed and not otherwise.

Any qualified person desiring to make entry of any of these lands shall execute in person within the limits of the Pierre, South Dakota, land district an affidavit showing his qualifications to enter and means of identifying him (forms of such affidavits to be furnished by the officers of the land department). The affidavit must be presented in a sealed envelope, in person or by ordinary and not registered mail, at the district land office located at Pierre, South Dakota, during office hours between 9 o'clock A. M. on October 7, 1907, and 4:30 o'clock P. M. on October 12, 1907. Thereafter at 9 A. M. on October 14, 1907, there shall be taken or drawn impartially from the envelopes so filed, such number as may be necessary to carry into effect the provisions of the Proclamation, and the order of drawing such envelopes shall determine the order in which applicants shall be permitted to make entry of these lands between October 20th, 1907, and December 20th, 1907.

Those successful as a result of the drawing must present formal application to enter within the time fixed and assigned for making such application; show present qualifications; make the required payments under the act of April 21, 1906, and otherwise comply with the law.

Any person filing more than one affidavit, or in other than his true name, shall be denied any privilege he might otherwise have secured under this drawing, except that any honorably discharged soldier or soilor entitled to the benefits of section 2304 of the Revised Statutes of the United States, as amended by the act of March 1, 1901 (31 Stat., 847), may be represented by an agent of his own selection for the purpose of executing the affidavit herein required, due authority therefor being shown, but no person will be permitted to act as agent for more than one such soldier or sailor.

Envelopes showing on the outside distinctive marks of any character shall be eliminated from the drawing.

The plan herein provided for governing the manner of opening these lands shall have operation and control the order in which all entries of the lands are allowed until December 20, 1907, upon which date any portion of the lands then remaining undisposed of will be subject to settlement, occupation, and entry under the provisions of the homestead law and the act of April 21, 1906, in like manner as if no special preliminary plan had been provided for.

All persons are especially admonished from attempting to settle upon, occupy, or improve any of these lands prior to December 20, 1907, except those making entry in accordance with the terms of this Preciamation.

The Secretary of the Interior shail make and publish such rules and regulations as may be necessary and proper to carry into full force and effect the manner of settlement, occupation, and entry as. herein provided for.

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

Done at the city of Washington this 12th day of August in the year of our Lord one thousand nine hundred and seven and of the Independence of the United States the one hundred and thirty-second.

Signature of Theodore Roosevelt


By the President:


Acting Secretary of State.

Theodore Roosevelt, Proclamation 771—Opening of Lower Brule Indian Reservation Lands Online by Gerhard Peters and John T. Woolley, The American Presidency Project

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