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Show xlvi FIFTY-SEVENTH ANNUAL REPORT OF 5, remainder-man, aod not to the tenaut for life, to the same extent as growing tirober . does. In thecaseof Balrick vs. Whitjield(3 P. Williams' Chancery Repts., 26P), in disouss-ins this question, it is rolrd, first, that-- "The timber whils ntauding is part of the inheritance, bnt whenever it is severed, either by the act of God, as by tempest, or by a trespasser, and by wrong, it belongs to him who ha8 the first estate of iuheritanoe, whether in faeor in tail, who ruay bring trover for it, and thia masso decreed opan oecasion of the great windfall of tirnberon the Cavendish estate." Secondly. "As to the tenant for life, ha ought not to have auy share of the moneF arising by the *ale of this timber.'' The principle thus annonuced is reoognised in Laois Bozolee' case (11 Coke, el), aud in the cave of Shlclt v. Bmku (12 Sergeant & Rawltt, 272). Therefore the deed-and-fallen :imller that is not needed or used for improvements, rsgrioulturnl purposes, or file1 by the Indians is the property uf the United States. I t is to be preserx,ed and protected as such, and diaposed of only as Congrees, by law, map provide. This rule will doobtless best preserve the timber on Iudian resewn-tions, and avoid much destruction by tires, which wulild ocoor as the timber became soarce and valnahla, whenever its daath might become a sonroe of gain. Your first queation is, therefore, answered iu the negative, which renders s reply to the remain-ing inquiries unneoeasary. Very respeotfully, A. H. GABLAXD, Attorney-Geaeral. The SECRETAOI~P YT HE INTERIOR. On receipt of this opinion, the Menomonees were notified that they would not be allowed to cat or market any timber from their reservation except snch as might be necessary to clear land for cultivation, and such as they might require for improvements, agricultural purposes, or fuel. This will be a sad disappointment and great loss to these poor people, as they are in great measure dependent for the uecessaries of life ou their loggiug work, and have prepared for it by using what they could spare of the proceeds of last season's sales iu equipping t,hemselves with stock, feed, sledges, tools, etc. I hope that Congress will speedily come to their relief by legalizing ahat has been done, awl by granting authority to all Indians ain~ilarlysi tuated to cnt and market their dead-and- down timber, tilereby beuefiting the Iudians aud at. the same time bringing into profitable use timber which, if left alone, will so011 become of no value to the Indians, the Government, or any one else. At an early day I shall take necessary steps to bring this matter to the attention of Congress, and in my opinion its merits should secure for it careful consideration 'od prompt action by that body,sothat if possible logging operations by b e Menomonees may beresumed thiawinter with full legal sanction. During the year numerous railroads through Indian lands have been projected, and the construction of other railroads through snch lands has been commenced or cautioned. |