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[[preprinted]] 265 [[/preprinted]]

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the foot-hills, Mr Langford's lawyers asserting that the bottom land only was to be taken, and in that case the claim would extend up the creek, beyond the north line of the tracts known as the Military reservation in Sec. 2, T:35, R.4.W. If however the lower bench should be included the claim would stop at or near the 7th Parallel.

From evidence in the Indian Office it seems that when Rev. H. H. Spaulding enterred upon his Mission work among the Nez Perce in 1836 he settled upon the Lapwai creek and made his permanent improvements, on the first tract described in Mr Langford's deed. This tract has always been recognized as the land given to Mr Spaulding and no Indian has ever made any improvements upon these 21 acres, or laid claim to the land.

Upon the second tract Mr. Spaulding induced Indians to settle, open farms, and build homes. Not long after the survey of 1870 the Agent fenced in the various tracts claimed by Indian residents; unfortunately the fences did not follow the lines of the Survey but the native fields. Within these enclosures the Indians have remained in undisturbed possession