Reservation, and lying on the east bank of the Missouri River, set
apart and reserved by Executive order dated January 11, 1875, and which
is not covered by the Executive order dated August 9, 1879, restoring
certain of the lands reserved by the order of January 11, 1875, except
the following-described tracts: Townships No. 108 north, range 71 west;
108 north, range 72 west; fractional township 108 north, range 73 west;
the west half of section 4, sections 5, 6, 7, 8, 9, 16, 17, 18, 19, 20,
21, 28, 29, 30, 31, 32, and 33 of township 107 north, range 70 west;
fractional townships 107 north, range 71 west; 107 north, range 72 west;
107 north, range 73 west; the west half of township 106 north, range 70
west; and fractional township 106 north, range 71 west; and except also
all tracts within the limits of the aforesaid Old Winnebago Reservation
and the Sioux or Crow Creek Reservation which are outside of the limits
of the above-described tracts, and which may have heretofore been
allotted to the Indians residing upon said reservation, or which may
have heretofore been selected or occupied by the said Indians under and
in accordance with the provisions of article 6 of the treaty with the
Sioux Indians of April 29, 1868, be, and the same is hereby, restored
to the public domain;" and

Whereas upon the claim being made that said order is illegal and in
violation of the plighted faith and obligations of the United States
contained in sundry treaties heretofore entered into with the Indian
tribes or bands occupants of said reservation, and that the further
execution of said order will not only occasion much distress and
suffering to peaceable Indians, but retard the work of their
civilization and engender amongst them a distrust of the National
Government, I have determined, after a careful examination of the
several treaties, acts of Congress, and other official data bearing on
the subject, aided and assisted therein by the advice and opinion of the
Attorney-General of the United States duly rendered in that behalf, that
the lands so proposed to be restored to the public domain by said
Executive order of February 27, 1885, are included as existing Indian
reservations on the east bank of the Missouri River by the terms of the
second article of the treaty with the Sioux Indians concluded April 29,
1868, and that consequently, being treaty reservations, the Executive
was without lawful power to restore them to the public domain by