OCR Text |
Show \) u • •Uf3 * V • «i • & ! R. 23849. Ilovember 29, 1927. Trapping by Indians on allotted lands of tha Uintah and Ouray Reservation. MSgjQyjjgUM. It is not believed any attempt to secure the cooperation of the Indian Tribal Council to prevent hunting and fishing on individual allotments,as suggested on page 1 of the proposed letter, by threat of legislation that might result in curtailing the hunting and fi3hing rights of the "whole tribe", is hardly justifiable in this connection. It is inconceivable that Congress 7/ould under any circumstances arbitrarily take away tha treaty -and. immemorial rights of an Indian tribe to hunt and fish within the boundaries of its reservation and especially because of a few violations of Indian allottees' rights by trespass on their allotments. ITor does tha suggestion made to the superintendent on page ,2 that he ta'.ce up tha matter v/ith the United States Attorney seem to be just iflabia especially at this stage of the trouble. The duty and authority in matters of this 3dnd seem to rest, e-nlusivaly in the Department. Tha attention of the superintendent might very well ba called to the provisions of sections 2119, 2120, and 2121 oz tha Revised Statutes and sections 641 to S43, inclusive, on page 113 of tha Indian Office Regulations of 1904. This is a trespass by Indians on land3 belonging to Indian allottees within the e.cterior boundaries of the Uintah and Curay Reservation. A3 having sorne bearing on the situation see Assistant Attorney General As opinion (31 L.D. 439), wherein are cited pertinenc opinions of tha Attorney General and numerous decisions of tha courts. As to the power of thia Department,, ordars of Indian agents or 3unerinteruiant3 acting in pursuance of departmental instructions, and tha functions of tha Indian police, see case of United States v. IcUllin (71 Ped. 682). |