In township thirty-three, range three west: Section one; northwest quarter of northeast quarter, north half of northwest quarter section twelve, seven hundred and sixty acres. In township thirty-five, range two west: South half of northeast quarter, northwest quarter, north half and southeast quarter of southwest quarter, southeast quarter section three; east half, east half of northwest quarter, southwest quarter section ten, section eleven; north half, north half of south half, section twenty-one; east half of northeast quarter, section twenty; sections twenty-two, twenty-seven, thirtyfive, four thousand two hundred acres. In township thirty-four, range two west: North half, southwest quarter, north half and southwest quarter and west half of southeast quarter of southeast quarter, section thirteen; section fourteen; north half section twenty-three, west half of east half and west half of northeast quarter, northwest quarter, north half of southwest quarter, west half of east half and northwest quarter and east half of southwest quarter of southeast quarter, section twenty-four; section twenty-nine, two thousand seven hundred acres. In township thirty-three, range two west: West half and southeast quarter section six; section sixteen, twenty-two, twenty-seven; north half and north half of south half section thirty-four, two thousand eight hundred and eighty acres. In township thirty-four, range one west: West half section two; sections three, four; north half and southwest quarter section eight; north half section nine; north half and north half of southwest quarter section eighteen; northwest quarter section seventeen, two thousand nine hundred and sixty acres. In township thirty-seven, range one east: Section twenty; section twenty-one, less south half of south half of southwest quarter of southeast quarter (ten acres), one thousand two hundred and seventy acres. In township thirty-six, range one east: South half of sections three, four; sections eleven, twelve, one thousand nine hundred and twenty acres. In township thirty-six, range two east: Sections sixteen, seventeen, eighteen, twenty; all of section twenty-five west of boundary line of reservation; sections twenty-six, twenty-seven, four thousand two hundred and forty acres. In township thirty-five, range two east: North half of sections sixteen, seventeen, section twenty-seven; north half of section thirty-four, one thousand six hundred acres. In township thirty-four, range two east: East half and east half of west half of southeast quarter section twenty-four, one hundred acres. In township thirty-four, range three east: South half of sections nineteen, twenty; north half; north half of south half; southwest quarter and north half of southeast quarter of southwest quarter; north half of south half of southeast quarter section Twenty-three; north half; north half and north half of southwest quarter and southeast quarter of southwest quarter; southeast quarter section twenty-four; north half and southeast quarter of northeast quarter; north half of northwest quarter section twenty-five; south half of northeast quarter of northeast quarter section twenty-six; section twenty-nine; northeast quarter of northeast quarter and south half section thirty; northwest quarter and north half of southwest quarter section thirty-one; northeast quarter; north half and southeast quarter of northwest quarter section thirty-two; northwest quarter; north half of southwest quarter, section thirty-three, three thousand seven hundred acres. In township thirty-three, range four east: South half of southeast quarter section eighteen; northeast quarter and fraction northeast of river in east half of northwest quarter section nineteen; fraction west of boundary line of reservation, in section twenty-two; west half and southeast quarter of section thirty-five, one thousand four hundred and forty acres. In township thirty-two, range four east: Fraction in west half of northeast quarter of southwest quarter; fraction in northwest quarter of southeast quarter section one; section two; south half of section six; west half and southeast quarter of northeast quarter of section nine, one thousand four hundred and ten acres. In township thirty-one, range four east: South half of northeast quarter; southeast quarter of northwest quarter; northeast quarter of southwest quarter; southeast quarter section seventeen; northwest quarter section twenty-one, four hundred and eighty acres. Total, thirty-two thousand and twenty acres. ARTICLE II. It is also stipulated and agreed that the place known as "the boom" on the Clear water River, near the mouth of Lapwai Creek, shall be excepted from this cession and reserved for the common use of the tribe, with full right of access thereto, and that the tract of land adjoining said boom, now occupied by James Moses, shall be allotted to him in such manner as not to interfere with such right. Also that there shall be reserved from said cession the land described as follows: "Commencing at a point at the margin of Clearwater River, on the south side thereof, which is three hundred yards below where the middle thread of Lapwai Creek empties into said river; run thence up the margin of said Clearwater River at low-water mark, nine hundred yards to a point; run thence south two hundred and fifty yards to a point; thence southwesterly, in a line to the southeast corner of a stone building, partly Religious, etc., organizations. Intoxicants. Opening lands to settlement. Ante, p. 541. Lands ceded by Nez Percé Indians, Idaho, November 18, 1895. finished as a church; thence west three hundred yards to a point; thence from said point northerly in a straight line to the point of beginning; and also the adjoining tract of land lying southerly of said tract, on the south end thereof; commencing at the said corner of said church, and at the point three hundred yards west thereof. and run a line from each of said points. One of said lines running on the east side and the other on the west of said Lapwai Creek; along the foothills of each side of said creek; up the same sufficiently far so that a line being drawn east and west to intersect the aforesaid lines shall embrace within its boundaries, together with the first above described tract of land, a sufficient quantity of land as to include and comprise six hundred and forty acres: and excepting the land embraced in the William Craig donation claim, in Township 35 North, range 3 west. (See case of Caldwell v. Robinson, Federal Reporter, Vol. 59, p. 653); and Whereas it is further stipulated and agreed by article six of the agreement that any religious society or other organization now occupying under proper authority, for religious or educational work among the Indians, any of the lands ceded, shall have the right for two years from the date of the ratification of this agreement, within which to purchase the land so occupied, at the rate of three dollars per acre, the same to be conveyed to such society or organization by patent, in the usual form; and Whereas, it is further agreed by article nine of the agreement that the lands by this agreement ceded, those retained, and those allotted to the said Nez Perce Indians shall be subject, for a period of twentyfive years, to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country, and that the Nez Perce Indian allottees, whether under the care of an Indian agent or not, shall, for a like period, be subject to all the laws of the United States prohibiting the sale or other disposition of intoxicants to Indians; and Whereas, it is provided in the act of Congress, accepting, ratifying, and confirming said agreement, approved August fifteenth, eighteen hundred and ninety-four (28 Stats., pp. 286 to 338), section 16: That immediately after the issuance and receipt by the Indians of trust patents for the allotted lands, as provided for in said agreement, the lands so ceded, sold, relinquished, and conveyed to the United States shall be opened to settlement by proclamation of the President, and shall be subject to disposal only under the homestead, town-site, stone and timber, and mining laws of the United States, excepting the sixteenth and thirty-sixth sections in each congressional township, which shall be reserved for common-school purposes and be subject to the laws of Idaho: Provided, That each settler on said lands shall, before making final proof and receiving a certificate of entry, pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of three dollars and seventy-five cents per acre for agricultural lands, one-half of which shall be paid within three years from the date of original entry; and the sum of five dollars per acre for stone, timber, and mineral lands, subject to the regulations prescribed by existing laws; but the rights of honorably discharged Union soldiers and sailors, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes of the United States, shall not be abridged except as to the sum to be paid as aforesaid; and Whereas all the terms, conditions, and considerations required by said agreement made with said tribe of Indians hereinbefore mentioned, and the laws relating thereto, precedent to opening said lands to settlement have been, as I hereby declare, provided for, paid and complied with: Now, therefore, I, Grover Cleveland, President of the United States, open to settlement, by virtue of the power in me vested by the statutes hereinbefore mentioned, and by said agreement, do hereby declare and make known that all of the unallotted and unreserved lands acquired from the Nez Perce Indians, by said agreement, will, at and after the hour of 12 o'clock, noon, (Pacific Standard time) on the 18th day of November 1895 and not before, be opened to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreement, the statutes above specified and the laws of the United States applicable thereto. The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of Lands within the Nez Perce Indian Reservation, Idaho, to be opened to settlement by Proclamation of the President", and which schedule is made a part hereof. 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 8th day of November in the year of our Lord, one thousand eight hundred and ninety[SEAL.] five, and of the Independence of the United States the one hundred and twentieth. By the President: RICHARD OLNEY Secretary of State. GROVER CLEVELAND Schedule. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, in a suit between the United States and the State of Texas, involving the title to, and jurisdiction over, all that territory lying between the North and South forks of the Red River, and the one hundredth degree of longitude, known and styled as "Greer County, Texas," the Supreme Court of the United States has decided that the title to, and jurisdiction over, said territory is vested in the United States; and, Whereas, The Choctaw Nation claims that the title to these lands passed to said Nation by virtue of treaties with the United States, and that the title of said Nation to said lands has not been extinguished, but that said Choctaw Nation has a right and interest therein; and Whereas, it is claimed that divers persons settled upon said lands prior to the thirtieth day of December, eighteen hundred and eightyseven, acting in good faith, upon the belief that the same belonged to and were subject to the jurisdiction of the State of Texas, and that Congress will be asked to extend to all such settlers suitable relief; Mar. 16, 1896. Preamble. Ante, p. 839. Greer County, Okla. withdrawn Now, Therefore, I, Grover Cleveland, President of the United States, by virtue of the authority in me vested, not admitting in any wise the validity of such craim on behalf of the Choctaw Nation, but for the purpose of preserving the status of said lands intact until such time as said claim of the Choctaw Nation thereto may be duly determined, and that the settlers herein before referred to shall not be disturbed until Congress shall have fully considered their claims for relief, do, Lands hereby withdraw said lands from disposition under the public land laws of the United States, and declare the same to be in a state of reservation, until such time as this order of withdrawal may be revoked; and I do further warn and admonish all persons against entering upon said lands with a view to occupying the same, or settling thereon to enter on lands. under the public land laws, during the existence of this order. 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 Sixteenth day of March in the year of our Lord one thousand eight hundred and ninety[SEAL.] six, and of the Independence of the United States the one hundred and twentieth. By the President, RICHARD OLNEY Secretary of State. S. Doc. 452, pt 1—63 GROVER CLEVELAND from entry. Persons warned not July 27, 1898. 30 Stat., 1779. Preamble. Cherokee Outlet. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, in the opening of the Cherokee Outlet, pursuant to section ten, of the Act of Congress, approved March third, eighteen hundred and ninety three, the lands known as the Eastern, Middle and Western Saline Reserves, were excepted from settlement in view of three leases made by the Cherokee Nation prior to March third, eighteen hundred and ninety three, under authority of the Act of Congress, approved August seventh, eighteen hundred and eighty-two; And whereas, it appears that said leases were never approved as provided by law; Now, therefore, I, William McKinley, President of the United States, by virtue of the power in me vested by section ten of said act of March third, eighteen hundred and ninety-three, do hereby declare and make Restoration to pub- known that all the lands in said saline reserves, as described in a Proclamation dated August nineteenth, eighteen hundred and ninety-three, are hereby restored to the public domain and will be disposed of under the laws of the United States relating to public lands in said Cherokee Outlet, subject to the policy of the Government in disposing of saline lands. lic domain of certain 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 twenty-seventh day of July, in the year of our Lord, one thousand, eight hundred and ninety[SEAL.] eight, and of the Independence of the United States the one hundred and twenty-third. By the President: WILLIAM R. DAY, WILLIAM MCKINLEY. Secretary of State. April 13, 1899. 31 Stat., 1947. Southern Ute Indian BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, by the provisions of an act approved February 20, 1895, Reservation, Colo- entitled "An act to disapprove the treaty heretofore made with the rado. Preamble. Southern Ute Indians to be removed to the Territory of Utah, and providing for settling them down in severalty where they may so elect and are qualified and to settle all those not electing to take lands in severalty, on the west forty miles of present reservation and in portions of New Mexico, and for other purposes, and to carry out the provisions of the treaty with said Indians June fifteenth, eighteen hundred and eighty," the agreement made by the commissioners on the part of the United States with the Southern Ute Indians of Colorado bearing date November thirteenth, eighteen hundred and eightyeight, was annulled and the treaty made with said Indians June fifteenth, eighteen hundred and eighty, was directed to be carried out as therein provided and as further provided by general law for settling Indians in severalty; and Whereas, it was further provided by said act that within six months after the passage thereof, the Secretary of the Interior should cause allotment of land, in severalty, to be made to such of the Southern Ute Indians in Colorado, as might elect and be considered by him qualified to take the same out of the agricultural lands embraced in their present reservation in Colorado such allotments to be made in accordance with the provisions of the act of Congress approved June fifteenth, eighteen hundred and eighty, entitled "An act to accept and ratify the agreement submitted by the confederated bands of Ute Indians in Colorado for the sale of their reservation in said State and for other purposes, and to make the necessary appropriations for carrying out the same," and the amendments thereto, as far as applicable, and the treaties theretofore made with said Indians; and Whereas, it was further provided that for the sole and exclusive use of such of said Indians as might not elect or be deemed qualified to take allotments in severalty as provided, there should be set apart and reserved all that portion of their reservation lying west of the range line between ranges thirteen and fourteen west of the New Mexico. Principal Meridian, and also all of townships thirty-one and thirtytwo of ranges fourteen, fifteen, and sixteen west of the New Mexico Principal Meridian and lying in the Territory of New Mexico, subject to the right of the Government to erect and maintain agency buildings thereon, and to grant rights of way through the same for railroads, irrigation ditches, highways and other necessary purposes; and Whereas, under the provisions of section four of said act it was made the duty of the President of the United States to issue his proclamation declaring the lands within the reservation of said Indians except such portions as might have been allotted or reserved under the provisions of the preceding sections of said act, open to occupancy and settlement, said unallotted and unreserved lands to be and become a part of the public domain of the United States and to become subject to entry, under the desert, homestead, and townsite laws and the laws governing the disposal of coal, mineral, stone and timber lands, but providing that no homestead settler should receive a title to any portion of such lands at less than one dollar and twenty-five cents per acre, and such settlers should be required to make a cash payment of fifty cents per acre at the time filing is made upon any of said lands; and providing that before said lands should be open to public settlement the Secretary of the Interior should cause the improvements belonging to the Indians on the lands then occupied by them to be appraised and sold at public sale to the highest bidder, except improvements on lands allotted to the Indians in accordance with this act; and providing that no sale of such improvements should be made for less than the appraised value and that the several purchasers of said improvements should, for thirty days after the issuance of the President's proclamation have the preference right of entry of the lands upon which the improvements purchased by them should be situated, but that the said purchase should not exceed one hundred and sixty acres and that the proceeds of such improvements should be paid to the Indians owning the same; and Whereas, it is further provided that the provisions of said act should take effect only upon the acceptance thereof and consent thereto by a majority of all the male adult Indians then located or residing upon the reservation, which acceptance should be at once obtained under such regulations as the Secretary of the Interior might prescribe; and Whereas, allotments have been made as provided for in said act, and all the other terms and considerations as required therein have been complied with, precedent to opening the unallotted and unreserved lands in said reservation to settlement and entry, except the sale of improvements on the NE NW, St NW and NW SW Sec. 1, T. 33 N., R. 9 W., belonging to Ignacio, an Indian, but said sale will be immediately ordered and the rights of the purchaser thereof will be protected for thirty days from date of this proclamation, as provided by the act, by instructions to the register and receiver of the local land office having jurisdiction over the same, and as this exception is not considered a bar to the opening of the unallotted and unreserved lands to settlement; and Whereas, I issued a proclamation on the 29th day of March, last, intended to open the lands to settlement and entry as authorized in Ante, p. 180. Ante, p. 185. |