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certain other tracts of land withdrawn from the public domain and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. Statutes at Large,
vol. 26, page 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 Kühner 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withdrawn from settlement and entry until patents shall have issued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 section 7, township 15 south, range 2 east; and
Whereas it appears that the said Jacob Kühner cannot 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 twenty-ninth day of May, A.D. 1902,
and of the Independence of the United States the one hundred and
twenty-sixth.
[SEAL.]