INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

PART IV.—PROCLAMATIONS.

{Page 1018}

Whereas by Executive order dated December 27, 1875, section 7, township 15 south, range 2 east, San Bernardino meridian, California, was with certain other tracts of land withdrawn from the public domain and reserved for the use of the Capitan Grande band or village of Mission Indians; and

Whereas the Commission appointed under the provisions of the act of Congress approved January 12, 1891, entitled “An act for the relief of the Mission Indians in the State of California” (U. S. Stat. L., vol. 26, p. 712), selected for the said Capitan Grande band or village of Indians certain tracts of land and intentionally omitted and excluded from such selection the said section 7, township 15 south, range 2 east, and reported that the tracts thus omitted included the lands upon which were found the claims of Jacob Kuhner and others; and

Whereas the report and recommendations of the said Commission were approved by Executive order dated December 29, 1891, which order also directed that “All of the lands mentioned in said report are hereby withdrawn from settlement and entry until patents shall have issued for said selected reservations, and until the recommendations of said Commission shall be fully executed, and, by the proclamation of the President of the United States, the lands or any part thereof shall be restored to the public domain;” and

{Page 1019}

Whereas a patent was issued March 10, 1894, to the said Indians for the lands selected by the Commission as aforesaid, and which patent also excluded the said section 7, township 15 south, range 2 east; and

Whereas it appears that the said Jacob Kuhner can not make the requisite filings on the land occupied by him until it shall have been formally restored to the public domain, and that no good reason appears to exist for the further reservation of the said section for the said band of Indians:

Now, therefore I, Theodore Roosevelt, President of the United States, by virtue of the power in me vested, do hereby declare and make known that the Executive orders dated December 27, 1875, and December 29, 1891, are so far modified as to except from their provisions section 7 of township 15 south, range 2 east, San Bernardino meridian, and the said section is hereby restored to the public domain.

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 29th day of May, in the year of our Lord one thousand nine hundred and two, and of the Independence of the United States the one hundred and twenty-sixth.

THEODORE ROOSEVELT.

By the President:
     DAVID J. HILL,
          Acting Secretary of State.

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Generous support provided by The Coca-Cola Foundation, Atlanta, GA
URL: http://digital.library.okstate.edu/kappler/

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