OCR Text |
Show COMMISSIONER OF INDIAN AFFAIRS. d~ whose children, of school age, fail to attend school a reasonable length of time each year. On November 23 last, the Department replied as follows: DEPARTMENTOX . TRE INTBRIOR, Washi$rgton, Noumber 23, 1188. SIR: Referrin-e to your letters of October 18 and November 20, 1888, respectively, " ~. reoommending that the Medenornonee Indiana be authorised to engagein marketiug the dead-and-down timber on their reservation during the earning season under certain specified conditions, you are respeet.fully informed that the sohjeat was presented t@ the Attorney-Cenerirl by the Department on October 27, 1888, with request hr im opinion on questions stated, with the view to ascertaining to what extent, if st all, this Department was authorized to permit the autting and sale by the Indians oocu-pyiog such reservation (the title to whioh is in the United States) of the deod-aud-down timber thereon. I am now in receipt of the opinion of the Attorney-General, dated 20th instant, om the subjeot (copy of which is herswith irtclosed), wherein it is held that the Indians , have no right &cut and sell suoh timber for their use and benefit, and therefore the authority requested by you can not be granted. The papers i~ccampsnyiugy our letters are herewith returned. Very respeotfu!ly, WM. F. YJLA~, Senetary. The CoYYl s s r o ~ ~OnE IKD~AAxNaa rRs. By the above it will be seen that all the questious involved were pre-sented to the Attorney-General with a request for his opinion. The de-cision rendered bg. him is as follows: DEPARTYENTOP JUSTICE, Washington, Nosember 20, 1888. SIR: By your letter of the 27th of October, 1888, yon ask "(1) whether the Indiana occupying reservstionq the title to which ia in the United States, have the right, in view of the opinion of the Supreme Court of the United States in the oase of The Un<ted States vs. George Cook (19 Wall., 591), to cut andsell, for their nse and benefit, the dead-and-down timber which ia found to a greater or less extent on many of the reservations. and whioh will g-o to wnste if not used. JG (8) If they have such right, whether it is s oommon right to common property be-. longing to the tribe or band as a whole, occopying the respective reservetions, or whether i t is s"sh a ri-g ht a8 may be exercised by individual Indiansbeion.gin -g on t h e reservation, for their individual benefit 1 "(3) If they have the right, and it is s. common right only, whether the cutting and sde of such dead-and-down timber by the Indians oan be regulated by the Indian Bureau under direction8 of this Department so as to aeonre to the tribe or hand en-tit, led to tbe proceeds artsing therefrom the greatest possible benefits for improving their oooditiou and promoting their civilisation and self-support by the methods pursued iu the work 9 " In the case of the Udted States vs. Cook (19 Wall., 593) it is ruled that the right of the Indians on an Indian roaervstiou is one of occt~- pau.oy o nl.y.; tha t that rig- ht of oe-enpsuoy aarries with it the right to improvement by clearing land; thst the right to clear includes the right to sell or diapose of timber on the land oleered, and to use the timber on the reservation for -D UrDWe8 necessary for im~rovemento r residence: that A - when cut or severed forsale alone, and not as an incidaut fa the aeoupanoy, the right. and title to the timber is absolute iu the United States; thst "what a tenant for life may do npon lands of a remainder-man the Indiana may do upon their reservation, but no more." Dead and wind-fallen timber, aa a part of t,hs realty, belongs to the |