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Nez Perce Agency Idaho, June 18, 1889

Hon. Commr. Indian Affairs

Sir:
I would respectfully ask instructions concerning the following class of claims upon lands:

Article 3, of the Nez Perce Treaty of 1863, provides for the allotment of every male of 21 yrs of age, and upon this provision I find in the files of the Office a decision of the Dept. dated Apr. 24, 1884 marked "L 6794 1884" stating that "no female is entitled to an allotment". Notwithstanding the wording of the law, several women, widows and wives of white men, have selected and improved lands and in some instances are living on these lands. There are also persons who are^ now^ trying to jump the claim and improvements, claiming that as the treaty gave women no rights they cannot claim their selections or their improvements, in taking allotments. I understand both the letter and the spirit of the Severalty Act gives to the Indians without discrimination of sex,^ their ^actual improvements, and therefore the treaty restriction as to sex should not cover the land actually worked or lived upon, but whether the Severalty Act could override the treaty in regard to selections of land made by women some time since.

I do not like to decide without instructions.

Respectfully
[[signature]] Alice C. Fletcher [[/signature]]
Special Ind. Agt.