S. Statutes at Large,
vol. 26, page 712), selected for the said Capitan Grande band or village
of Indians certain tracts of land intentionally omitted and excluded
from such selection the said sections 8 and 9, township 15 south, range
2 east, and reported that the tracts thus omitted included the lands
upon which were found the claims of Arthur F. Head 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withdrawn from settlement and entry until patents shall have issued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
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 sections 8 and 9, township 15 south, range 2 east; and
Whereas it appears that the said Arthur F.
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