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Show XX~V FIFTY-SEVENTH ANNUAL REPORT OF (2) By providing that he shall perform the official functions necessary in the discharge of such enlarged duties through the Bureau of Indi?n Allairs, under which arrangement the Commi~sioner of Indian Affairs may place at the disposal of the Superintendent the entire official ma-chinery of the Bureau, by the nse of which nearly all the business in relatiou to Indiau schools is, and must be, transa,cted. ' By this plan the Commissioner and Superintendent would exercise concurrent jurisdiction, so to speak,in Indian school aVairs. The Super-intendent would practically dominate in all school operations, while the Oommissioner would continue to perform, without the embarrassment that would result from divided authority, the duties in relation to Indian educational matters that have been devolved upon him by law and by the Indian treaties. I therefore recommend thaS the above suggestions be adopted and that rules be made for the purposeof carrying them into effect. PRESENT STATUS OF INDIAN SOHOOL EIVIPLOYBS. In this connection attention may be called to an existing doubt of the legality of the authority under which most of the school employ68 are now serving. On June 29, 1888, the Secretary, in pursuance of his author it^ in such matters, directed that all the positions then existing in the Indian schools should be oontinued (1) during the month of Jnly, 1888, or (2) until other positions were authorized, or (3) until further orders. Under this authority the school positions referred to have been con-tinued not11 the present time, and most of the employ6s who on June 30 occcupied them still occupy them. That these positioqs were continued in a legal manner is clear; but that the employes who have remained. in them without appointment by the Superinteudent af Indian Schools, have been, since June 30, legal occupants thereof is not clear. The reason for this doubt may be briefly stated. Prior to June30,1888, the Secretary of the Interior approved and promulgated, among others, two regulations for the government of the Indian service, viz : Regn-lation 62, declaring that all authority to employ labor emanates from the Seeretars of the Interior, and expires with the fiscal year; and Regulation 224, declaring that since the service of all employ6s ter-minates with the end of each fiscal year, it will be necessary " * * a t the beginning of each fiscal year to renominate those employ6s whom it is desired to retain in the positions occupied by them in the year pre-ceding, provided the authority for such positions has been reneved?' It thus appears that while the authority for the positions which had existed during the fiscal year 1887-'88 was renewed on June 29, the employment of all the persons who were on Jnne 30 occnpying those positions was terminated at the end of that day-the end of the fiscal year-by the operations of Regulations 62 and 224, which were then and are still in full force and effect. Acting upon reasoning like this, |