The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-12-29
THE KLAMATH LANDS
Not Included in the Public
Domain.
All Entries on This Indian Reservation TO
Be Rejected.
No Agreement Reached With Italy - The
President PardOnS MeCalIa- Worlds
Fair Exhibits.


Department to-day, being the case of
Phineas d. Holcomb. involving an applica-
ton TO make homestead entry within the
Klamath River Indian Res ervatien. The
tract of land in question was embraced
within the limits of the Klamath River
Indian Reservation by an executive order
dated November 16. 1855, and according to
the statements of the Indian Office said
reservation has been occupied by Indians
since that date. By an act of Congress in
1864 the number of Indian reservations In
California was reduced to four, and the
reservation in question was not selected as
one of the four provided for. BY the same
act, however, it was provided that the
Indian reservations in California which
were not retained as reservations under the
provisions of this act should be surveyed
into lots, appraised and offered for sale at
public auction, and after that should be
held subject to sale at private entry,
according to the regulations prescribed
by the Secretary OF the Interior. 1t
is stated that the provisions of the act
have never been complied with, and the
land has continued to remain to be disposed
of as directed by the act. Secretary of the
Interior Noble in his opinion says: 'tIt is
clear that it was not the intention of Con-
gress to restore these lands to the mass of
public domain to be disposed of under the
direction of the public lond laws. This view
is most clearly set forth in a decision of the
United States District Court in the case set
forth in 80 Federal Reports, 406, which de-
cison was sustained by the Circuit Court
and in 3S Federal Reports; 400 hence Hol-
comb by MS settlement in December, 1888,
obtained no valid rights to said tract aud
his application was properly rejected. not
only for the reason above stated, bit Cor
the further reason that by the order of the
Secretary of the Interior of February 25,
1859. the Commissioner was directed TO re-
fuse all entries or filings attempted 10 be
made within the boundaries Of the reserva-
ton above named, and by al executive or
der of October. 1891, the tract was Included
in the hoopa Valley Reservation.
SENTENCE ITMITTED.
The Presideat Thursday last signed
paper making remission of the uneXecuted
portion of the sentence of suspension i'm
posed by court martial upon Commander
McCalla, who was tried for cruelty to his
subOrdinates during the cruise Of the United
States steamer Enterprise, Of which he was
in command The court sentenced him to
Suspension LOT Three years, ana TO retain
his present grade. Meantime nine officers
in Commander McCalia's grade have passed
him, and 1t is thought this incapacitateS him
from retiring with the rank of Commodore
1t has been known for some months that
strenuous efforts were being made by
Captain McCalla'S friends to secure remIs-
sion OF the sentence. The day before Christ
mas, Secretary Tracy signed the order re-
storing Captain McCalla TO duty. 1t is not
known to what duty he Is u be assigned as
he is IN Europe and not within present
reach, but 1t is thought he will return to this
country at once and be given an ass ignment.
WORLDS FAIR EXHIBITS.
The Naval Officer at New York recently
wrote a letter TO the Treasury Department
in regard TO the regulations concerning i'm
portatiOns for the Worlds Columbian Ex-
position. and suggested that they be
renee of the Naval Officer in the proceed
ings on the entry of merchandise imported
for the exposition. In his reply, Acting
Secretary Spaulding says inasmuch as no
duty attach TO the articles so imported the
cooperation of the Naval Officers is not re-
qulred IN order to protect the treasury from
loss. He says the regulations were esta5-
ished after deliberate consultation with the
Commissioners from foreign countries at
was evident" he continued, "the eXposi-
ton in cons iderable measure depended on
the facilities extended by this department
for the prompt transmission of cOnsign-
ments and for exemption from Interrupt
tiOnS caused by what is looked upon as
veXatious routine at your port. The depart
ment, therefore, does not recognize any ad-
vantage TO be derived from interposng such
further requirements and delays in the
transportation of goods imported solely for
the exposition, as would result from an in
sistence on cooperation by your office in
the procedure on entry. Should it. how
ever, hereafter be found essential for the
IN n 10 tta rt,1a IN,
accordance with your suggestions new in
structiOns will be promptly issued"
NEW NATIONAL BANKS.
Application for authority to organize ma
tional banks have been nled with the Comp
troller of the Currency as follows: The
Commercial Bank of Everett, Washington.
by John +. McManGs and associates, and
the First National Bank Of Pullman of
Washington, by +. &. Depledge and asso-
ciates.
NO AGREEMENT WITH ITALY.
None of the officials of the Department of
State have any knowledge of any agreement
mace by this Government with that of
Italy to pay indemnity on account of the
New Orleans affair, as reported by an Eng
lish correspondent at Rome. So far as
learned, correspondence on the subject be-
tween the two Governments, which was in
terrupted last spring by the recall of the
Italian Minister, has never been reopened.
The President to-day denied the applica-
ton for pardon in the case of President
Harper, convicted on the charge of embeZ-
Zling the fu ds Of the Fidelity Savings Bank
at Cincinnati, aud sentenced in 1887 to ten
years imprisonment
DISTRICT ATTORNEY APPOINTED.
The Attorney General has appointed Mat
thew /. Allen Assistant United States Dis
trict Attorney for the Southern District of
California. His appointment is merely pre-
liminarv to Aliens promotion as United
States District Attorney next week in place
Of Wilnughby Cole, the incumbent
SECRETARY FOSTERS HEALTH.
Secretary Foster spent short time at his
office this afternoon for the first time since
November 18th, when lie was taken III in
New York. He looked paler and thinner
than when last on duty, but said he was
feeling all right again. He will not take
active charge of the business Of the dep art
ment for several days vet
PosToFFICEs ESTABLISHED.
A new postuffice has been established at
Melitta, Sonoma County. Cal, Agnes l..
johnson POStmstress.
PENSIONS GRANTED.
Pensions have been granted to the follow
ing Californians Franklin Ore, John f.
Adams, Samuel p. Woopert, Charles w.
Sutherlin, Frances c. HOughton, August
Sturm, Margaret McGinn, minors of Clay
loh NuiiS o"ihuoi LiWiu Nlatucigs duu
Caroline Dorm.
PERSONAL MENTION.
J. D. Fry and wife are at the Arlington
Hotel; j. Eiseman of San Francisco is in
this city.
Ordnance Sergeant George S. Wells, now
at the Presidio, has been ordered to Fort
Custer, Montana.
NEW FRENCH MINISTER.
Jules Patenorte, the newly appointed
French Minister, arrived in Washington this
evening.