Part 27

That immediately after the issuance and receipt by the Indians of trust patents for the allotted lands, as provided for 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 shall be reserved for common-school purposes and be subject to the laws of Idaho: _Provided_, That each settler on said lands shall before making final proof and receiving a certificate of entry pay to the United States for the lands so taken by him, in addition to the fees provided bylaw, the sum of $3.75 per acre for agricultural lands, one-half of which shall be paid within three years from the date of original entry, and the sum of $5 per acre for stone, timber, and mineral lands, subject to the regulations prescribed by existing laws; but the rights of honorably discharged Union soldiers and sailors as defined and described in sections 2304 and 2305 of the Revised Statutes of the United States shall not be abridged except as to the sum to be paid as aforesaid.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribe of Indians hereinbefore 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:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned and by said agreement, do hereby declare and make known that all of the unallotted and unreserved lands acquired from the Nez Percé Indians by said agreement will, at and after the hour of 12 o'clock noon (Pacific standard time) on the 18th day of November, 1895, and not before, be opened to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreement, the statutes above specified, and the laws of the United States applicable thereto.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Nez Percé Indian Reservation, Idaho, to be opened to settlement by proclamation of the President," and which schedule is made a part hereof.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 8th day of November, A.D. 1895, and of the Independence of the United States the one hundred and twentieth.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

EXECUTIVE ORDERS.

AMENDMENT OF CIVIL-SERVICE RULES.

Special Departmental Rule No. 1 is hereby amended by striking out the whole of the paragraph in section 3, Department of the Interior, relating to the Geological Survey and substituting in lieu thereof the following:

In the Geological Survey: Geologist, assistant geologist, paleontologist, assistant paleontologist, chief photographer, photographer, chief chemist, chemist, assistant chemist, chief engraver, engraver, assistant engraver, lithographic engraver, map printer, lithographic printer, assistant lithographic printer, map reviser, statistical experts temporarily employed.

Approved, December 4, 1894.

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

Departmental Rule VII is hereby amended by adding thereto the following section, to be numbered 9:

The Commission shall certify for transfer and reappointment to any classified non-excepted place in the departmental service, upon the requisition of the head of a Department, any person who at the time of making such requisition is holding an office outside the classified service in any Executive Department at Washington to which he was appointed from a classified place in the departmental service; and upon the requisition of any head of Department the Commission shall certify for reinstatement in the classified service of said Department any such officer who within one year next preceding the date of the requisition, by the abolition of his office or otherwise, has without delinquency or misconduct been separated from said office: _Provided_, That this section shall not authorize the reappointment to the classified service of any such officer or ex-officer who was appointed to his office from an excepted place, unless his appointment to such excepted place was by promotion from a nonexcepted place.

Approved, December 15, 1894.

GROVER CLEVELAND.

AMENDMENTS OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _January 3, 1895_.

Postal Rule II, clause 5, is amended by striking out paragraph (_e_) and relettering paragraph (_f_) as (_e_), so that as amended the clause will read:

5. Exceptions from examination in the classified postal service are hereby made as follows:

(_a_) Assistant postmaster, or the chief assistant to the postmaster, by whatever designation known.

(_b_) One secretary to the postmaster, when authorized by law and allowed by the Post-Office Department.

(_c_) Cashier, when authorized by law and employed under that roster title.

(_d_) Assistant cashier, when authorized by law and employed under that roster title.

(_e_) Printers and pressmen, when authorized by law and allowed by the Post-Office Department and employed as such.

Approved:

GROVER CLEVELAND.

AMENDMENTS OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _February 12, 1895_.

Departmental Rule VII, clause 8, is hereby amended to read as follows:

In case of the occurrence of a vacancy in any Department which the public interest requires shall be immediately filled, and which can not be so filled by certification from the eligible registers of the Commission, such vacancy may be filled by temporary appointment outside the civil service until a regular appointment can be made under the provisions of sections 1, 2, and 3 of this rule: _Provided_, That such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time: _And provided further_, That no person shall serve longer than the period herein prescribed in any one year under such temporary appointment.

The year limitation in regard to reappointment shall begin to run on the date of the original appointment.

Every such temporary appointment and the discontinuance of the same shall at once be reported to the Commission.

Postal Rule IV, clause 4, is hereby amended to read as follows:

4. In case of the occurrence of a vacancy in a position within the classified service of any post-office which the public interest requires shall be immediately filled, where there is no eligible remaining on the proper register, such vacancy may be filled by temporary appointment outside the civil service until a regular appointment can be made under the provisions of sections 1 and 2 of this rule: _Provided_, That such temporary appointment shall in no case continue longer than ninety days, and shall expire by limitation at the end of that time: _And provided further_, That no person shall serve more than ninety days in any one year under such temporary appointment.

The year limitation in regard to reappointment shall begin to run on the date of the original appointment.

Every such temporary appointment and also the discontinuance of the same shall at once be reported to the Commission.

Approved:

GROVER CLEVELAND.

AMENDMENTS OF CIVIL-SERVICE RULES.

GENERAL RULES.

General Rule II: Strike out the word "five" in line 1 and insert in lieu thereof the word "six," and add at the end of the rule a new clause, as follows:

6. The classified internal-revenue service.

General Rule III, section 5: Insert after the word "may" in line 1 the words "in its discretion," and after the word "appointment" in line 2 the following: "or an applicant who has been guilty of a crime or of infamous or notoriously disgraceful conduct." As amended the section will read:

5. The Commission may, in its discretion, refuse to examine an applicant who would be physically unable to perform the duties of the place to which he desires appointment or an applicant who has been guilty of a crime or of infamous or notoriously disgraceful conduct. The reason for any such action shall be entered on the minutes of the Commission.

Section 9: In line 1 strike out the word "departmental," and after the word "service" in the same line and in line 2 the words "and the classified railway mail service."

General Rule V: In line 2 change the order of words and insert other words so as to make the phrase amended read as follows: "and postmasters and customs and internal-revenue officers and custodians of public buildings."

General Rule IV, section 2: Insert after the word "may" in line 1 the words "in its discretion."

DEPARTMENTAL RULES.

Departmental Rule II: In section 1, line 2, after the word "such," insert the word "other" and strike out the words "supplementary and special." In section 2, line 2, strike out the words "supplementary and special" and insert in lieu thereof the word "other."

Departmental Rule IV: In section 1, after the semicolon following the word "age" in line 4, insert the following: "or for the position of messenger or assistant messenger who is not under 18 years of age, or for the position of page or messenger boy who is not under 14 nor over 18 years of age."

Departmental Rule V: In section 2, paragraph 6, line 1, after the word "postal," insert the words "internal-revenue."

Departmental Rule VI: In section 1, line 2, after the word "of," strike out the words "special and supplementary" and insert in lieu thereof the word "other." In section 4, line 7, after the words "clerk-copyist," insert the words "or the messenger and watchman." In section 5, line 3, after the word "printing," insert the words "or for page or messenger boy."

Departmental Rule VII: In section 3, at the beginning of line 2, before the word "register," insert the words "the messenger or the watchman." In the second paragraph of the same section, in line 2, after the word "assistant," insert the words "or page or messenger boy."

Departmental Rule VIII: In section 1 insert a clause, to be lettered (_c_), as follows:

(_c_) From a bureau of the Treasury Department in which business relating to the internal revenue is transacted to a classified internal-revenue district, and from such a district to such a bureau in the Treasury Department, upon requisition by the Secretary of the Treasury.

The remaining clauses of the section to be relettered (_d_) and (_e_), respectively. In section 2, line 2, strike out the letter "_d_" in parentheses and insert in lieu thereof the letter "_e_," and at the end of the section add the following proviso:

_Provided_, That a person may be transferred from a place in one Department to a place requiring no higher examination in another Department without examination.

Departmental Rule IX: Strike out the whole of section 1 and insert in lieu thereof the following:

1. Until promotion regulations have been applied to a Department under the provisions of section 6 of General Rule III promotions therein may be made as follows:

(_a_) Any person appointed from the appropriate register to the position of messenger, assistant messenger, watchman, or other subordinate position below the positions of clerk and copyist may at any time after absolute appointment, if not barred by age limitations, be transferred to any other of said subordinate positions, but shall not be promoted to the position of clerk or copyist or to any place the duties of which are clerical: _Provided_, That printers' assistants in the Bureau of Engraving and Printing, Treasury Department, shall only be eligible for transfer to the grade of operative in that Bureau.

Strike out sections 2, 3, and 5 and renumber section 4 as 2.

Approved, March 2, 1895.

GROVER CLEVELAND.

AMENDMENT OF CIVIL-SERVICE RULES.

EXECUTIVE MANSION, _March 18, 1895_.

Indian Rule IV is amended by adding at the end thereof a new section, to read as follows:

7. Graduates of Indian normal schools and of normal classes in Indian schools may be employed in the Indian-school service as assistant teachers or day-school teachers without further examination: _Provided_, That certificates of satisfactory proficiency, of good moral character, and of physical soundness, signed by the proper officials, be transmitted at the time of appointment to the Civil Service Commission: _And provided further_, That until the 1st of July, 1896, graduates of the senior classes of Carlisle, Hampton, Lincoln Institute, Chilocco, Haskell Institute, and other Indian schools of equal grade may be included in the provisions of this rule. Such teachers shall become eligible for promotion to advanced positions on presentation to the Civil Service Commission of satisfactory certificates of efficiency and fidelity in their work and of a progressive spirit in their professional interests, signed by their immediate official superiors and by the superintendent of Indian schools, and forwarded with his approval by the Secretary of the Interior, the Commission reserving to itself the right to decide as to the satisfactoriness of such certificates.

Approved:

GROVER CLEVELAND.

EXECUTIVE MANSION, _March 20, 1895_.

The Executive order dated February 26, 1891,[19] establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders, No. 21, 1891, Headquarters of the Army, is amended so as to prescribe as follows:

ARTICLE I.

In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.

Subject to the modifications authorized in section 3 of this article, the limit of the term of confinement (at hard labor) for desertion shall be as follows:

SECTION 1. In case of surrender--

(_a_) When the deserter surrenders himself after an absence of not more than thirty days, one year.

(_b_) When the surrender is made after an absence of more than thirty days, eighteen months.

SEC. 2. In case of apprehension--

(_a_) When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months.

(_b_) When he shall have been more than six months in the service, two and one-half years.

SEC. 3. The foregoing limitations are subject to modification under the following conditions:

(_a_) The punishment of a deserter may be increased by one year of confinement at hard labor in consideration of each previous conviction of desertion.

(_b_) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troops may be opposing shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

ARTICLE II.

Except as herein otherwise indicated punishments shall not exceed the limits prescribed in the following table:

Offenses. Limits of punishment.

_Under seventeenth article of war_.

Selling horse or arms, or both. Dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for 3 years.

Selling accouterments. Four months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Selling clothing. Two months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Losing or spoiling horse or arms Four months' confinement at hard labor through neglect. and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Losing or spoiling accouterments One month's confinement at hard or clothing through neglect. labor and forfeiture of $10: for noncommissioned officer, reduction in addition thereto.

_Under twentieth article of war_.

Behaving himself with disrespect Six months' confinement at hard labor to his commanding officer. and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

_Under twenty-fourth article of war_.

Refusal to obey or using violence Dishonorable discharge, with to officer or noncommissioned forfeiture of all pay and allowances, officer while quelling quarrels and confinement at hard labor for or disorders. 2 years.

_Under thirty-first article of war_.

Lying out of quarters. Forfeiture of $2; corporal, $3; sergeant, $4.

_Under thirty-second article of war_.

Absence without leave--[20]

Less than 1 hour. Forfeiture of $1; corporal, $2; sergeant, $3; first sergeant or noncommissioned officer of higher grade, $4.

From 1 to 6 hours[21]. Forfeiture of $2; corporal, $3; sergeant, $4; first sergeant or noncommissioned officer of higher grade, $5.

From 6 to 12 hours. Forfeiture of $3; corporal, $4; sergeant, $6; first sergeant or noncommissioned officer of higher grade, $7.

From 12 to 24 hours. Forfeiture of $5; corporal, $6; sergeant, $7; first sergeant or noncommissioned officer of higher grade, $10.

From 24 to 48 hours. Forfeiture of $6 and 5 days' confinement at hard labor; for corporal, forfeiture of $8; sergeant, $10; first sergeant or noncommissioned officer of higher grade, $12, or, for all noncommissioned officers, reduction.

From 2 to 10 days. Forfeiture of $10 and 10 days' confinement at hard labor; for noncommissioned officer, reduction in addition thereto.

From 10 to 30 days. Forfeiture of $20 and 1 month's confinement at hard labor; for noncommissioned officer, reduction in addition thereto.

From 30 to 90 days. Three months' confinement at hard labor and forfeiture of $10 per month for same period; for noncommissioned officer, reduction in addition thereto.

For 90 or more than 90 days. Dishonorable discharge and forfeiture of all pay and allowances and 6 months' confinement at hard labor.

_Under thirty-third article of war_.

Failure to repair at the time fixed, etc., to the place of parade for--

Reveille or retreat roll call Forfeiture of $1; corporal, $2; and 11 p.m. inspection. sergeant, $3; first sergeant, $4.

Guard detail. Forfeiture of $5; corporal, $8; sergeant, $10.

Fatigue detail. } } Dress parade. } } The weekly inspection. } } Target practice. } Forfeiture of $2; corporal, $3; } sergeant, $5. Drill. } } Guard mounting (by musician). } } Stable duty. }

_Under thirty-eighth article of war_.

Drunkenness on--

Guard. Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

Duty as company cook. Forfeiture of $20.

Extra or special duty. } } At drill. } } At target practice. } } Forfeiture of $12; At parade. } for noncommissioned officer, } reduction and forfeiture of $20. At inspection. } } At inspection of company } guard detail. } } At stable duty. }

_Under fortieth article of war_.

Quitting guard. Six months' confinement at hard labor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition thereto.

_Under fifty-first article of war_.

Persuading soldiers to desert. Dishonorable discharge, forfeiture of all pay and allowances, and 1 year's confinement at hard labor.

_Under sixtieth article of war_ Dishonorable discharge, forfeiture of all pay and allowances, and 4 years' confinement at hard labor.

_Under sixty-second article of war_.

Manslaughter. Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor.

Assault with intent to kill. Dishonorable discharge, forfeiture of all pay and allowances, and 10 years' confinement at hard labor.