Page:United States Statutes at Large Volume 29.djvu/899

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PROCLAMATIONS. NO. 8. 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 wit 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 Lagawai Creek empties into said river; run thence up the margin of said Clearwater iver at low-water mark, nine hundred yards to a point; run thence south two hundred and iiity yards to a point; thence southwesterly, in a line to the southeast corner of a stone buildin;.:, partly finished as a church; thence west three hundred yards to a point; thence from said point northerlyun 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 tar so that a line bein?! drawn east and west to intersect the aforesmd lines shall embrace within its boun aries, together with the iirst above described tract of land, a sudicient quantity of land as to include and comprise six hundred and forty a.cres:" and excepting the land embraced in the William Craig donation claim, 1n Townslnp 35 North, range 3 west. ( See case of Caldwell v. Robinson, Federal Reporter, Vol. 59, p. 653); and VVhereas it is further stipulated and agreed by article six of the g_§;jf$‘§g;:· °**=-· °*· agreement that any religious society or other organization now occupy- ° mg 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 {;£g•=;¤;b the lands by this agreement ceded, those retained, and those allotted` ' to the said Nez Perce Indians shall be subject, for a period of twenty- five years, to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country, and that the Nez Peree 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, mwnine lends to and condrming said agreement, approved August fifteenth, eighteen “° °'“°” ‘ hundred and ninety-four (28 Stats., pp. 286 to 338), section 16; That immediately after tho issuance and receipt by the Indians of trust patents Vo1.28,p,u32. for the allotted lands, as provided lor 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 shal be reserved for common-school purposes and be subject to the laws of Idaho: Provided, That each settler on said lands shall, before making tinul proof and receiving a. certiticate 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-tive cents per ae-re 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 honorahly discharged Union soldiers and sailors, as detined and described in sections twenty-three hundred and four and twenty-three hundred and tive of the Revised Statutes of the United States, shall not be abridged except as to the sum to be paid as aforesaid; and \Vhereas all the terms, conditions, and considerations required by said agreement made with said tribe of Indians hereinhelore 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: _ v _ _ Now, therefore, I, Grover Cleveland, President of the Lmted States, ,,§;**}j)1f,§Qf_fQ_°f;,Q,*j,j by virtue of the power in me vested by the statutes hereinbetbre men- dpen tec settlement, tioned, and by said agreement, do hereby declare and make known that · °*°‘“ ’1 **8”5· all of the nnallotted and unreserved lands acquired from the Nez Perce Indians, by said agreement, will, at and after the hour of 12 o'0lock, noon, (Pacific Standard time) on the 18th day of November 1895 and