davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe., 1904-12-28

One of the oldest fancies for a
Christmas remembrance is a BROOKLYN
mothers idea of setting the first tooth
IN q finger ring, with a tiny diamond
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Contest Notice

Department of the Interior, United
States Land Office, Lewiston, Idaho,
August. 18th, 1904.
A sufficient contest affidavit having
been filed in this Office by John Leas
contestant against Ellen A. Bracken.
entry No. 921O, made June 10, 1902, for
the swA of swH of section >, sig Of
seA and seA of swA of section 5,
township "a N, range w. B. NJ. by
Ellen A. Bracken, contestee, in which
it is alleged that said Ellen A. Bracken
has wholly abandoned and left said
land and ceased to live upon the same
and wholly ceased to cultivate said land
for a period of more than six months
last past.
Said parties are hereby notified to
appear respond and offer evidence
touching said allegation at 10 O'Clock
a. m. on September %. 1904, before the
Register and Receiver at the United
States Land Office in Lewiston, Idaho.
The said contestant having. in a
proper affidavit. filed July 18th, 1904,
set forth facts which show that after
due diligence personal service OF this
notice can not be made, it is hereby or
dered and directed that such notice be
given by due and proper publication.
CHARLES H. GARBY, Receiver.
Aug. 1S-Sept. %.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Contest Notice

Department Of the Interior. United
States Land Office. Lewiston. Idaho.
July 1e. 1904.
A sumcient contest afiidavit having
been filed in this Office by James L.
Chapman. contestant. again Homestead
entry No. ssSz. made January Z. 1903.
for the WIZ SEA and SEX swA Of Sec
ton 81. township IS NJ, range w. B.
NJ. by contestee, in which it is alleged
that Howard Campbell, entryman. has
wholly abandoned said tract OF land for
more than six months last past and
next prior to the date hereof: and that
said entryman has wholly failed and
neglected to establish and maintain a
residence upon said tract; or to i'm
prove and cultivate any portion Of the
same as required by the Homestead
law, said parties are hereby notified to
appear. respond and offer evidence
touching said allegation at 10 o'clock
a. m. on October "a, 1904. before the
Register and Receiver at the United
States Land Office in Lewiston, Idaho.
The said contestant having in a
proper affidavit. filed August -. 1904.
set forth facts which show that after
due diligence personal service Of this
notice can not be made. 1t is hereby
ordered and directed that such notice
be given by due and proper publication.
j. B. WEST. Register.
Aug. 24-Oct. 24'
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication

Department OF the Interior, Land Of
fee at Lewiston, Idaho, July %, 1904.
Notice is hereby given that the fol-
lowing settler has filed notice
of his intention to make final proof In
support of his claim, and that said
proof will be made before the Register
and Receiver, at Lewiston, Idaho. on
September 1S, 1904, viz:
WILLIAM P. PARISH,
of Spalding, Idaho. for the eia seA,
sh mex Of section II. township 50 ~,
range W. B. NJ.
He names the following witnesses to
prove his continuous residence upon
and cultivation Of said land. viz:
James Jordon. OF Spalding. Idaho.
James Wann. Of Spalding. Idaho.
Ell Hickman. Of Spalding. Idaho.
william Grossclose. OF Spaldins'
Idaho.
J. B. WEST. Register.
July 2s-Sept. is.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Contest Notice

Department Of the Interior, United
States Land ONCE. Lewiston. Idaho,
July -. 1894.
A sufficient contest amdavit having
been filed in this ONCE by William s.
Cook. contestant. against friedrich l.
Bellows. entry No. ITO. made Septem-
Der s. 1899. for Lot 3. section 1, town.
ship IS NJ, range W., by Friedrich l.
Bellows. contestee. in which It IL al
legged that said Frederick L. Bellows
has wholly abandoned said tract OF
land embraced In said entry for more
than six months next prior to the date
Of this contest: that he has not settled
upon or improved said lands as re-
quired by law.
Said parties are hereby notified to
appear. respond and offer evidence
touching said allegation at 10 O'Clock
a. m. on September %, 1904 before the
Register and Receiver at the United
States Land ONCE in Lewiston, Idaho
The said contestant having, in a
proper afiidavit. filed August 10th. 1904
set forth facts which show that after
due diligence personal service Of this
notice can not be made. 1t is hereby
ordered and directed that such notice
be given by due and proper publication
CHARLES H. GARBY.
Aug. 11-Sept. %
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice Of SherifPs Sale

In the district court Of the Second
judicial district Of the state Of Idaho
in and for the county Of Nez Perez.
Murphy. Grant & Company. plaintiff,
VS.. w. L. Thompson, defndant.
BY virtue of an execution issued out
Of the district court Of the Second ju-
dicial district Of Idaho, in and for ,Nez
Perez county. wherein Murphy. Grant
& Company is plaintiff. and w. L.
Thompson is defendant, upon a judy
ment rendered on the 7th day Of Oc-
tober. 1902, for the sum Of $S26.35 be-
sides costs and interest in gold coin Of
the United States, have this day lev
interest Of the said defendant of. in and
to the following described real estate,
situated in Nez Perez county, State
of Idaho. to-wit:
The northwest quarter Of section 9,
in township 80, N. range 2. w. b. NJ.
Public notice is hereby given that 1
will, on the 18th day Of September.
1904, at 10 o'clock a. m. of said day, in
front Of the front door Of the court
house of said Nee Perez county, sell at
public auction. all the right, title. claim
and interest Of said defendant of, in and
to the above described property, or so
much thereof as may be necessary to
raise sufficient money to satisfy said
judgment, with interest, costs and ex-
penses of sale. to the highest and best
bidder for cash.
Dated, August %, 1904
WIN. SCHULDT, Sheriff.
Aug. 25-Sept. II.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication

NVNISO TOT publication
Timber Land. Act June 3. 1878.
United States Land once. Lewiston,
ID, -. Aug. 1st 1904.
Notice Is hereby given that in COM
piance with the provisions Of the act
OF congress OF June 8. 1873, entitled
An act for the sale Of timber lands In
the states of California, Oregon, Ne
vada. and Washington Territory" a.
extended to all the public land states
by act Of August 4. 1892. Grace r.
Bartlett. of Lewiston. county of Nex
Perce. state Of Idaho has this day filed
in this Office his sworn statement, No.
1864. for the purchase Of the sex Of
nwA Of section No. Is in township No.
as NJ. range No. s w. B. NJ. and will
o1er proof to show that the land
sought Is more valuable for its timber
or stone than for agricultural purposes,
and to establish his claim to said land
before the register and receiver Of this
ONCE at Lewiston. Idaho. on wednes-
day the 18th day Of October. 1904.
She names as witnesses:
William Cherier, Of Lewiston, Idaho
Henry Maggie. Of Lewiston, idaho.
Fred g. Farmer. Of Lewiston, Idaho.
Jesse Grant. Of Lewiston. Idaho.
Any and all persons claiming ad-
versely the above described lands are
requested to file their claims in this
ONCE on or before said 18th day Of Oc-
tober. 1904.
J. B. WEST. Register
Aug. 3-Oct. 12s
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice to CreditSrs

Al me probate court Of Nez Perce
Bounty, Idaho.
IN me matter Of the estate of JAIME.
T. Hedman, deceased.
N0tce is hereby given by the under.
[sned Rosa NJ. Redman, administra.
VI Inc estate Of James W. Redman.
.s'eo' 10 the creditors of. and all
..0hs having claims against the said
a'eo' 10 exhibit. them, with the
Fsssary vouchers, withint en- month.
! ~ 'ne hrst publication Of this notice
w va administrative at her resi-.
n.. navy one and one-half miles south Of
EN-. NUM- IN Neg Perez county, Idaho, the
~ as being the place for the transac.
x H. " the business of said estate. in
aha s o' Nez Perce, state OF
saeo and dated at Lewiston Idaho
zoe 18th day of August, A. D., 1904.
FL srookEY", 0SA NJ RhDMAN'
|As l7-sept II. '''''s'ra'riA
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication

Department of the Interior. Land OF.
flee at Lewiston. Idaho. Aug. 10. 1904.
Notice Is hereby given that the fol-
lowing named settler has filed notice of
her intention to make final proof in
support of her claim. and that said
proof will be made before the Register
and Receiver at Lewiston, Idaho on
September 2s. 1904. viz:
LUELLA NJ. STEEN
OF Waha, Idaho, for the lots /, 2, nwA
neA section %: lot and swn sell
section Is, township 32 N. range S w.
B. NJ.
She names the following witnesses to
prove his continuous residence upon
and cultivation of said land, viz.
Arthur II. Pierce, OF waha Idaho.
Calvin Boyer, of waha. Idaho.
Henry King. of Waha. Idaho.
Charles Nicola of waha. Ioaho.
J. B. WEST. Register.
Aug. 10-Sept. 26.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication

Timber land. act June 8, 1873.
United States Land once. Lewiston.
Idaho. July ~. 1904.
Notice Is hereby given that in com.
pliance with the provisions of the act
Of congress of June 3. 1873. entitled
IAN act for the sale Of timber lands in
the states Of California. Oregon, Ne
vada. and Washington Territory" a.
extended to all the public land states
by act of August 4, 1892. James q.
Wright. Of Genesee, county Of Latah.
state OF Idaho. has this day filed in this
ofice his sworn statement. No. 1861, for
the purchase Of the e1a seA OF section
%. neA neA Of section 80 and nwN
nwk OF section No. 81, in township
No. 80 N. range No. w. B. NJ, and
will offer proof to show that the land
sought is more valuable for its timber
or stone than for agricultural purposes,
and to establish his claim to said land
before the Register and Receiver at
Lewiston. Idaho. on Monday. the Gath
day Of October, 1904.
He names as witnesses:
Bert e. Farley, Of Forest, Idaho.
Otto Smith, Of Forest, Idaho.
Joseph A. Ball. of Genesee. Idaho.
Elizabeth Wright. OF Genesee. Idaho.
Any and all persons claiming ad-
verseiy the above-described lands are
requested to file their claims In this
Office on or before said cath day Of Oc-
tober. 1904.
]. B. WEST, Register.
July 27-Oct 24s
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication.

Department of the Interior, Land
Office at Lewiston. Idaho. Sept. 18th.
1904
Notice is hereby given that the fol-
lowing named settler has filed notice
Of his intention to make final proof in
support Of his claim, and that said
proof will be made before Register and
Receiver at Lewiston Idaho on Oct
ODER Goth. 1904, viz
ARTHUR E. DUNCAN
of Myrtle, Idaho for the E1a S.W.h
and Lot 8, Section is, Township So
n. r. w. b. NJ.
He names the following witness to
prove his continuous residence upon
and cultivation of said land, viz:
Jesse c. Derrick, of Myrtle, Idaho.
George S. Hall, of Myrtle, Idaho.
Albert E. Harrington. of Myrtle, Idaho
Jacob II. Gwinn, of Myrtle, Idaho.
J. B. WEST, Register.
Sept. 14-Oct. 20-col.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication

Department of the Interior, Land
Office at Lewiston. Idaho, Sept. 18th,
1904.
Notice is hereby given that the fol-
lowing named settler has filed notice
of his intention to make final proof in
support Of his claim, and that said
proof will be made before the Register
and Receiver at Lewiston, Idaho, on
November 4t,h1904, viz:
JAMES B. DEW
of Lapwai, Idaho for the Lots 22,23 and
"a, Section ~, Township 35, N. r. 4
w. B. NJ.
He names the following witnesses to
prove his continuous residence upon
and cultivation OF said land, viz:
Benjamin T. Anderson, of Lapwai,
Idaho.
William S. Green, of Lapwai, Idaho,
Hamilton Cans, Of Lapwai, Idaho.
William o. Boyd. of Myrtle. Idaho.
J. B. WEST. Register.
Sept. 13--Nov A.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication


Department OF the Interior, Land
Office at Lewiston. Idaho. September
IL. 1904.
Notice is hereby given that the fol-
lowing named settler has filed notice
Of his intention to make final proof in
support of his claim, and that said
proof will be made before the Register
and Receiver, at Lewiston, Idaho, on
October 20. 1904. viz:
ALBERT E. HARRINGTON
Of Myrtle, Idaho. for the swN nwN Of
section /, township SO N, range 8 w.
B. NJ
He names the following witnesses to
prove his continuous residence upon
and cultivation OF said land, viz:
William o. Boyd, Of Myrtle, Idaho.
Edward Merki. Of Myrtle, Idaho.
William T. Harrington, of Myrtle,
Idaho.
George E. Harrington, of Myrtle
Idaho.
J. B. WEST. Register.
Sept 12-Oct. 90
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication
Aug. 24-Oct. 24'
Timber land, act June 3, 1878.

Timber land, act June 3, 1878.
United States Land Office. Lewiston,
Idaho. September 6, 1904.
Notice is hereby given that in COM
pliance with the provisions of the act
of Congress Of June 3.,S78, entitled "An
act for the sale OF timber lands in the
States of California, Oregon, Nevada.
and Washington Territory" as extend
ed to all the Public Land States by act
OF August 4. 1892,
Jamie E. McLAREN,
of Lewiston, county of Nez Perez, State
of Idaho, has this day filed in this
office her sworn statement No. 1913, for
the purchase of the VIZ s. E.A and
Ell. :. WI. of Section No. in Town
ship No. 80 N, range No. 3 w. 3. NJ,
and will offer proof to show that the
land sought is more valuable for its
timber or stone than for agricultural
purposes, and to establish her claim to
said land before the Register and Re-
ceiver OF this office at Lewiston, Idaho,
on Saturday, the 26th day of Novem-
Der, 1904.
She names as witnesses:
Andrew Malm of Forest. Idaho.
Ruben Poore, of Forest, Idaho.
Spencer Clovis. of Forest, Idaho.
William Mctaren. of Lewiston. Idaho
Any and all persons claiming adj
versely the above described lands are
requested to file their claims in this
Office on or before said 10Th day of
November, 1894.
j. e. WEST. Register
Sept. 6-Nev 26s
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Notice for Publication

Timber land, act June 3, 1878.
United States Land Office. Lewiston
Idaho. July 20, 1904.
Notice is hereby given that in com.
pliance with the provisions Of the &C,
OF congress Of June 3. 1873, entitled IAN
act for the sale Of timber lands in the
states of California, Oregon, Nevada.
and Washington Territory" as extend
ed to all the public land states by act
of August 4. 1902.
ELLEN DALTON,
OF Lewiston. county of Nee Perez. state
OF Idaho. has this day filed in this Of
flee her sworn statement, No. 1853. for
the purchase Of the M of nwH. nwH
OF neA OF section No. rs, and seA OF
swA OF section "a all in township No.
50 NJ, range No. 4 W. B. NJ, and will
offer proof to show that the land
sought is more valuable for its timber
or stone than for agricultural purposes
and to establish her claim to said land
before the Register and Receiver Of
this once at Lewiston. Idaho. on Mon
day. the Gath day Of October, 1904.
She names as witnesses:
Jesse johnson. Of Waha, Idaho.
Simon p. Fitzgerald, Of Pierce, Idaho
Edward Dalton, Of Colfax, Washing.
ton.
Thomas Dalton. Of Lewiston, Idaho.
Any and all persons claiming ad-
versely the above-described lands are
requested to file their claims in this
office on or before said Gath day of o.
tober. 1904.
J. B. WEST. Register.
July 2S-Oct. 24s
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
"'s'es for Publication

|ts mI nent Of the Interior Land Of
s.,i. .esiston. Idaho, August II, 1904.
s,hr. Is hereby given that the fol-
Es in,.s.a neo settler has filed notice Of
,s,po,, ta ~ to make final proof in
,a., s,o ~ his claim. and that said
aa R.. !. oe made before the Register
octes., !. yer. at Lewiston, Idaho. on
sLr,,,noaA DAVID J. WATSON
sa h, g J. Idaho, for the lots ?. 3. sec
~ : E. \, N. E. v and n !; = E ~
aas. !, ;. " Section %, township >; ss N
no., names ~. the following w,,0e,... ~
~ cult, ,, Continuous n. residence upon IN
ar,s.Aa, Vernon. Of L .e~u, s,1' lat.
Als ''Aer l. Cooper. Of sc. lHano'
ls:, lain : 10. ., e.ne.s.. Idaho.
" Lewiston. idaho.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

Timber land, act June 3, 1873.
United States Land Once, Lewiston.
IDAHO, June 20. 1904.
Notice Is hereby given that in COM
blance with the provisions Of the act
\ congress Of June 3. 1878. entitled.
An act for the sale Of timber lands In
be state Of California. Oregon, Ne
|ada and Washington Territory" ~
ntended to all the pubic land states
y act Of August I. 1872. Bessie v.
1nke Of Lewiston. county Of Nez
erce, state Tor territory Of Idaho. has
bio day filed in this once her sworn
ntsment No. 1441, for tie purchase Of
hs nwA mex Of section No. -, In
pmship No. 80 NJ, ranee No. , W. B.
and will offer proof to show that
be land sought is moro valuable for
b timber or stone than for agricultural
purposes and to establish his claim to
ah hnd before the Register and Re.
eiver Of this ONCE at Lewiston, Idaho
. Thursday. the 22nd ~ Of Septesn.
br, 1904.
She names as Witnesses:
Arthur E. Clarke Of Lewiston, Idaho
Kalston Vollmer Of Lewiston. Idaho
samuel D. White. Of Lewiston Idaho
Senevieve vollmer Of Lewiston
daho
any and all persons claiming ad-
9sly the above described lands are
s'ested to file their claims in this Of
% or before said 22ns day Of Sep.
snber, 1904.
]. B. WEST. Register.
-S-s-2.s
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

$3.50 to San Francisco and Return
On August 27th and 2sth and Sep.
TENDER 1. .. 3. Is. Is. IL: the o. r. 4
N. company will sell FIRST. class tick
cts to San Francisco and return VIC
ocean or rain with anal limit October
- for $3.50. For berth rassrvatioN
and other information. apply 70 or "a.
dress, city ticket once.
C w. MOUNT. General Agent.
>uly 3S.0spt "a.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

Il will - . pretty hard matter ss'
any Wssss - ~ sway fr0m tn 7s''se'
NovU eomb1natl0R.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

| r.u,d-Three thousand shares Of
lining stock. Owner call at the Teller
kMce and identify and pay for this
kotice.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

MILAN 4 Wall, Attorneys at Law
I,,ctice in Idaho and Washington
.r,,, Lewiston National bank build
\. Lewiston, Idaho.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

Lo,t-Fraternity pin between I'm
l.rial barber shop and Bollinger house
|nsription A. T. Ryan. Return to The
Teller
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

Do yev svee rsfuss . TIVE - sne
IropeoNion NJttoN 10 10 eure thtN0f
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
Get Results

r.. Teller Want ads bring them quickly and
-. give US trial and be convinced.
o line one insertion 5 cents, subsequent
~. q cents per line By the month
SO cents per line.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

r.. ,.rt-Store room. Store fixtures
:, ,a,e Inquire 226 Main st. tt
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
wIyrfD-fOR SALE-RENT

..v.,s for farms-If you want
nav, 49,. -. with me CT write for par
, sen '' uorace Grant, Heist Bldg-
soc City Mo.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

s,I.-Household furniture In
For CAV >irtb street, Nv
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

u.u.. for Rent-Apply to Lewiston
r.,er & Power company.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

w.n..d-A lady for general mousse
Lo-k ZIG B street.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

. ..a-rhree ladies. Must be
". ~. ~ handle a nice, clean. house,
ps' ...,c,e Will pay a cash salary
0lu s.v 81 to 50. Call Room .. Lew
[,on hotel. at once
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
The
Lewiston
Evening
Teller

che best and msst up to date IA.
pse In Lewiston. Phone asi end
- h q yssr Ass~ shs sams
svsNiNe.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16

Dam. for Rent--Will rent two good
49, furnished to desirable parties.
~ IN nhone 2445 or $50. Sixth
venue.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-09-16
After the days
work is done

you are ready and have the time
to sit down and enjoy . daily paper
by that time . morning paper 10
twelve hours old and the news dead
while your evening paper 10 fresh
from the press with the days Dc.
in0s from all over the world in Il.
The next morning you would get q
repetition. Solve this problem BY
taking the
The Hood River glacier. (Hood River, Or.) 1889-1933, 1904-06-16
Pestileuce In Siberia.

Paris, June 10. - Letters received
from correspondents who have investi-
gated the conditions prevailing in ST.
IBERIA show that the natives are suffer-
ing severely as a result Of the war. An
epidemic has broken out among the
laborers who live around Lake Baikal,
and it is feared the disease, the exact
nature Of which has not yet been as
certained, will affect the troops who
are passing through on the way to Man
churia. The unfortunates affected by
the disease usually die within forty
eight hours after being first attacked,
and so far all known remedies have
proven useless.
The Hood River glacier. (Hood River, Or.) 1889-1933, 1904-06-16
DECISION ON SWAMP LAND.
Governor Receives the Text From the
Interior Department.

Salem-Governor Chamberlain has
received the full text OF the decision OF
the secretary Of the interior rejecting
the claim of the state of Oregon to the
swamp lands within the Klamath In
dian reservation. Briefly stated, the
decision quotes the swamp land act o.
1860, which specifically provides thai
the grant to the state shall ''includ,
any lands which the government may
have reserved, sold or disposed of Gin
pursuance of any law heretofore enact
ed) prior to the confirmation of title to
be made under the authority Of the
said act"
The treaty creating the klamath res.
ervation was not made until 1864, but
the decision holds that the right or
title of occu"ancy of the Indians ex-
listed Prior to that time. as recognized
by the act of lS4s, establishing the ter
ritorial government Of Oregon, wherein
it was provided;
THAT nothing in this act contained
shall be construed to impair the rights
OF person or property now pertaining to
the Indians in said territory, so long as
such rights shall remain unextin-
guished by treaty between the United
States and such Indians, or to affect the
authority of the government of the
United States to make any regulation
respecting such Indians, their lands,
property or other rights, by treaty, law
or otherwise, which 1t would have been
competent to the government to make
If this act had never passed"
The secretary of the interior holds
that this provision recognizes the title
or right Of occupancy of the Indians
to all the country occupied by them,
and that the treaty of 1864 operated
merely to cede to the United States the
rights the Indians held in lands other
than those set apart as a place Of resi-
dence--the klamath reservation. In
other words, the treaty Of 1854 but re-
duted the extent OF the possession OF
the Indians, whose right existed prior
to the swamp land act Of 1860 and still
exists.