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Show as have been presented. A11 disinterested persons, however, will read-ily understand that the office has no right to guaranty such accounts, or to pay the money of the loggers to any one bnt themselves. I have in-structed the agent to advise and nrgc the Indians to pay their debts, cautioning him at the same time to take no action which under any cir-cumstances could be construed by the numerous creditors as a desire or effort on his part, or on the part of this office, to favor any one in the matter of making collections. DEAD AND FALLEN TIMBER ON INDIAN ALLOTMENTS. Attorney-General Garland, in an opinion rendered November 20,1888 . (referred to in previous reports of this office), held that Indians occupy- , ing reservations the titie to which is in the United States do not have the right, in view of the opinion of the United States Supreme Court already referred to on page XXXKII, to cnt and sell for their use and benefit the dead and down timber which is found to a greater or less extent on many of the reservations and which will go to waste if not . . used. It was further held in this opinion that the dead and fallen timber on snch reservations, that is not needed or used for improve-ments, agricultural purposes, or fuel by the Indians, is the property of the United States. In another opinion, dated January 26,1889, Attorney-General Gar-land held, with regard to the right of an allottee to out and sell mer-chantable timber from his allotment during the trust period, that "to sell the timber growing on the land, or to cut it for sale for commercial pur-poses, except such as may be cut in clearing the laud, or for improve-ments to be erected thereon, would be ir~consistenwt ith the obligation of the trustee to preserve and protect the trust," and that, until the expiration of the trust relation, and until the second patent is granted, "it is the duty of the Department to prevent the outting of timber, except for the purposes above indicated (clearing or improvements), whether the land is or is not within an Indian reservation." With regard to the disposition of the dead and fallen timberupon an . , allotment Attorney-General Miller, in an opinion rendered May 21, , 1890, held as follows: , . DEPARTXEXTow JUSTICE, Washington, May 21, 1890. SIR: Your communication of March 24,1890, requests an opinion as to the power of an Indian allottee, under the act of Congresaof February 8,1887 (24 Stat.,388), to eeU and remoee dead timber attndingor fallen on the land allotted to him, to lease or rent, with or withont the consent of the Secretary of the Interior, the whole or any part of his allotment, and to contract far or permit the ereotion of mills for the manu-faetare of lumber or other purposes npoo his allotment. It is also asked what use may an allottee make of his allotruent, otherwise than by oooopying and coltivntion, so as to make the same contribute to his aopport I Before proceeding to answer the several queationa snhroitted it will be neoessary to onderstand precisely what relation the sllottee hold8 to his allotolant under the act of February 8, 1867 (supra). |
