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Show finally determined in the case of Bird u. Terry, the Department of Justice thought that, by instructions to the United States Indian agent, the directions before given to the United States attorney for Washington could be made effective by the institution of a suit in which the title or ownership of the Puyallup allotted lands could be finally determined. The superintendent in charge of the Puyallup Agency was there-fore instructed, on April 29, 1905, to take the matter up with the United States district attorney, to furnish him with complete infor-mation respecting the selection of an allotment as a test case, and to request him to prepare a petition or bill of complaint for filing in the United States court of proper jurisdiction. He was advised that an allotment should be selected in which the head of the family or husband, the wife, and the children were mentioned and for which patent had issued, and from which a part of the lands had been sold under the provisions of the Pnyallup act of March 3, 1893 (27 Stat. L., 633), and ads wnendatory thereof; and he was informed that in all such cases the proceeds arising from the sale of the land had been divided equally among the parties named in the allotments-the ' allotments, in so far as the husband and wife were concerned, having been regarded as community property. May 18, 1905, the superintendent asked whether the O5ce desired to select a case which might be considered as identical with the Bird case or merely one that would determine the question whether the allotment should be regarded as community property, and cited Puyallup patents Nos. 6 and 144. He was advised on June 19 that Puyallup patent No. 144, with the changes that had taken place since its issue, was a good case to present, as it appeared to involve all the questions heretofore considered and passed upon by the Puyallup commissioners, this Office, and the Department. No communication respecting this matter has since been received from him. It is hoped that a petition or bill of complaint will be filed in the proper United States court in due course of time and that the case will be carried to the Supreme Court and finally adjusted, so as to put at rest the question as to the ownership of the Puyallup patents and also the ownership of allotted lands to other Indians under the same law or treaty; that is, whether they belong to the head of the family or to each member of the family named in the patent. YAKIMA FIBBEBY EIGHTS IN WA5HIiiGTON. For years this Offim has endeavored to recover for the Yakima In-dians their fishery rights on the Columbia River and it has finally succeeded. On May 19, 1905, Solicitor-General Henry M. Hop transmitted to this Office an opinion of the Supreme Court of the |
