OCR Text |
Show transactions were also recognized as carving or separating a certain area from a particular reservation, operating as an extinguishment of the Indian title. In this way the exterior boundaries of a reservation were further reduced. The lands thereby separated from a reservation were no longer looked upon as being a part of that reservation. This brings us up to the period of about 1890, at which time there vas adopted the plan of opening to entry, sale, etc., the lands of reservations that were not needed for allotment, the Government taking over the lands only as trustee for the Indians. Under this plan the Indians were to be credited with the proceeds only as the lands were sold, the United States not to be bound to purchase any portion of the lands so opened. Undisposed of lands of this class remain the property of the Indians until disposed of as provided by law ( Ash Sheep Company v. United States, 252 U. S. 159). Such lands are usually referred to as surplus lands of Indian reservations opened to public entry, and undoubtedly comprise the class of lands from which restorations to tribal ownership are to be made under the said Section 3, if in the public interest. It can safely be said that it would not be to the interest of the public to restore to the Indians all undisposed of public lands that at one time were in •*-.„•*•_.. ........ ..... . 1, • ., V,,*- -£*-.-.,- -. 1- t,., ,.^ *-%..-. ^,....,-. .-..,-*.,, .-£• *- 1--. TT__. Ti.,. J J- tU\ jLx. a. Li u » ni_ iwnj. jj ^^. « _ ^.-^ _ w*. .. - .*. **.*, LJUw*. » - w i. _ .__, ... _;. ... States by outright cessions from the Indian owners, because, as stated above, such action would mean the withdrawal in many States of all lands now available for entry as public domain. Such action undoubtedly would raise strong opposition in the various localities affected and have an undesirable bearing on the new Indian legislation. In connection with this matter, attention is invited to Section 16 of the same act, which authorizes the formation of tribal organizations and provides that tribes and tribal councils shall have authority to prevent the sale, disposition, lease, or encumbrance of tribal lands - - -; also to Section 18 which authorizes the Indians of any reservation, by a vote of a majority of the adult Indians on the reservation; to exclude themselves from the operation of the entire act, referendum election for such purposes to be held within one year after approval of the act. It, therefore, will be some time before it is known definitely whether the Indians of any of the reservations will exclude themselves from operation under the act, and until tribal organizations can be formed and thereafter definitely determine which of the " opened" Indian reservation lands still undisposed of should be permanently restored to tribal ownership. Tribal organizations should have a voice in deciding which lands should be withheld from disposition. It is understood from informal |