all not be
subject to homestead entry; and

Whereas it is provided in the act of Congress accepting, ratifying, and
confirming the said agreement with the Kickapoo Indians, approved March
3, 1893 (27 U.S. Statutes at Large, pp. 557-563), section 3--

That whenever any of the lands acquired by this agreement shall by
operation of law or proclamation of the President of the United States
be open to settlement or entry they shall be disposed of (except
sections 16 and 36 in each township thereof) to actual settlers only
under the provisions of the homestead and town-site laws, except section
2301 of the Revised Statutes of the United States, which shall not
apply: _Provided_, _however_, That each settler on said lands
shall before making a final proof and receiving a certificate of entry
pay to the United States for the land so taken by him, in addition to
the fees provided by law and within five years from the date of the
first original entry, the sum of $1.50 an acre, one-half of which shall
be paid within two years; but the rights of honorably discharged Union
soldiers and sailors as defined and described in sections 2304 and 2305
of the Revised Statutes of the United States shall not be abridged
except as to the sum to be paid as aforesaid. Until said lands are
opened to settlement by proclamation of the President of the United
States no person shall be permitted to enter upon or occupy any of said
lands, and any person violating this provision shall never be permitted
to make entry of any of said lands or acquire any title thereto:
_Provided_, That any person having attempted to but for any cause
failed to acquire a title in fee under existing law, or who made entry
under what is known as the commuted provision of the homestead law,
shall be qualified to make homestead entry upon said lands.

And whereas allotments of land in severalty to said Kickapoo Indians
have been made and approved in accordance with law and the provisions of
the before-mentioned agreement with them; and

Whereas it is provided by the act of Congress for the temporary
government of Oklahoma, approved May 2, 1890, section 23 (26 U.S.
Statutes at Large, p. 92), that there shall be reserved public highways
4 rods wide between each section of land in said Territory, the section
lines being the center of said highways; but no deduction shall be made,
where cash payments are provided for, in the amoun