OCR Text |
Show . Indians have always regarded use and occupancy of land as sufficient to justify claim and right to the same. Land used by an Indian was held to be his as much as the "hair of his head," and such possession was never disturbed by another member of his tribe. Hence the pro-cess of educating him to the necessity of title by patent or otherwiseis slow. His poverty also is often against him in a contest with the white man. On this account, and because the Indian is the ward of the Govern-ment, it would seem to be the duty of all Government officials dealing with the public lauds to gumd with care the rights of the Indian and protect him therein. If this course were followed, it would materially aid this office in its efforts to save to the Indian land to which he is justly entitled. It often occurs that an Indian homestead entry is heId for cancellation by the General Laud Office for the reason that the entryman has failed to make final proof within the statutory period. In such cases it seems to me that before cancellation the case should be referred for consideration to the board of equitable adjudication, a course which has been practiced in some instances, and which, if generally adopted, would be of great help to the Iudian. Winnebago Homesteads in Wisconsin.-In the annual report of this office for 1895 the status at that time of the homestead entries and selections of the Winnebago Indians of Wisconsin, the laws under which they were made, and the necessity for their investigation were fully set forth. There were 680 such m8es which needed investigation aud final disposition. Mr. M. A. Mess, a clerk detailed from the General Land Office, assisted in investigating these homestead entries under instructions from this office. From his report, dated May 4, 1897, itsappears that, except in 12 cases, the 680 selections and entries have now been disposed of either by issuance of provisional patent on submission of final proof or by cancellation. It is thought that the 12 cases will soon be disposed of, as Mr. Mess has been appointed by the Department a special disbursing agent to make the annual pay-ment of moneys due these Indians, and while thus engaged he will encourage and assist these Indian entrymen to file proper papers and make the necessary proofs as to their homesteads. It is a source of gratification to this office to know that these home-stead entries, so long pending, are nearing final disposition. Some of them were made prior to the year 1875, under regulations of the Department dated as early as February 11,1870 (Uopp's Public Land Laws, vol. 1, p. 283), others were made under the act of March 3,1876 (IS Stat., p. 420), and the balance under the act of Januay 18,1881 (21 Stat., p. 316). October 18, 1896, Mr. Mess furnished Special Ageut A. R. Johnson, at Black River Falls, Wis., certain data obtained in 1895 relative to the timber depredations committed on several of these Winnebago homesteads. This information will be useful to Agent Johnson in |