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Show 54 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. effect at the same time that they were engaged in banking, (or preparing to be banked) their good, marketable timber, as described in the act, might give them an easy opportunity and present a tentptation to them to cut some of the timber "short," so that it would not sell to log dealers, but be of more immediate advantage to the choppers if sold to the shingle men, as it is not subject to the deduction provided for in section3 of the act, the loggars getting oaah iq hand all of the funds except 10 per cent of the net amount realized." These Indians took advantage of similar authority granted them years ago by banking logs for shingle bolts whioh properly should have been classed as "tim-ber" under the provisions of the act, giving the Department considerable, annoy-ance to adjust, and it was, therefore, believed to be best to wait until their seasods regular loggiug was finiahed before granting it. It appear8 by the letter from the agent, inclosed, dated 6th instant, that they hsve contraoted for banking only about 13,280,000 feet in place of 20,000,000 as allowed in the act, a8 in oomplianoe with the instructions the work was confined to "dead and donn timber left standing, scattered on the land heretofore cut over," whioh.. it a.m-ea rs,, limited the ooasihilitv of bankine the ereater auantitv. - - As the class of timber used for this pnrpose ~ o n l dot herwise become s, total loss in .a short time, and aa it is of considerable benefit to the Menomonees to be allowed to sell it, I respectfully reooromend that authority be panted for them to hank it for that purpose, under similar provisions to those contained in Department letter of February 3,1893, which reads: "That the arallt and lo-e-e in-e su-o erintsndent he reauired to enforce such rules and regulations as will effectually prevent any illegill ontting. "That the shingle bolts are to he sealed by properly qualified sa%lelers. "That they areta ha advertised and sold by the age$ of Green Brsy Agenuy. "That all expense oonneoted with scaling, advertising, sale, eto., be paid from the proceeds of sale. '*That1 0 per c e u ~of the net mo u n t r ealized be set apart as stumpage or poor fund. "That the balance remaining hk divided among the loggers in proportion to the quantity of shingle-bolt timber e a ~ hba nked,'and that every Menomonee who ants any timber illegt~llgu uder the authority shall forfeit all he banks." Aa the s m e are modified by the following paragraph of Department letter of November 4, 1893: "* " * and in the ootting of tops and butts intoshingle bolts y a u ~ i ldli rect thtat no timber which will make a merohnntable saw log shall be out ihto ~hingleb olts." The quantity to he so banked for ?ale is not stated, as it will be unoertsin, but this is not considered to be material, as the class of timber is not considered a, par* of that provided for sale by the act. In eolnpliauce with this recommendation the Department, February 20, 1894, issued the following instructions: I aoknowledge the receipt of your oomru~~nieatioonf 19th inst., and accompanying napera, relative to allowing the Menomonee Indiana to bank as shingle bolts part ofthe timber an their reservation which is not suitable for sale as lo& or "timber" nnder the provisions of the act of June 12, 1890 (26 Stitts., 146). The queatian of permittlug the Menomonees to out and hank the topsaud butts of pine trees out for sale under the provision8 of t,he act above referred to was consid-ered by the Department, and it held, October 7, 1891, "as the tops and butts are not timber s~mh as was contemplated by the act to be furnislled and disposed of, I am of the oprnion the same om be used far firewood or shingle bolts, and anthoriq is hersby granted for the disposition thereof under suoh regulations sa you may pre-saribe." This authority related solely to the tops and butts of pine trees out for sale under the sot, and did not authorize tho ontting of any trees not suitable for sale as logs or timber into shingle bolts. |