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Show REPORT OF TEE CO~I8BIONPR OF INDIAN AFFAIRS. 23 agricultural lauds in said reservation (save ant1 except the SW. & of &. 1, in T. 106 N., of R. 46 W.); also to appraise the actual value of the strip of land 100 feet in width over and across said reservation occupied by the Cedar Rapids, Iowa Falls and Northwestern Jkail- , way Company, as well as the damage done to other 1an.d~o f said reservatioq by reason of the taking and occupying of said strip for rail-road purposes; the appraisals to be made with a view to the entry and . sale of such tracts as the Yaukton Indians might consent to relinquish, Mesars. 9. H. Nichols, Robert Scarf, and T. C. Smallwood were ap-pointed commissioners to make the required appraisement, and on May 11, 1889, they submitted their report, which was transmitted to the De-partment June 20,1889. Under the provisions of section 3 of said act Messrs. O. W. Parker, Uuited States Special Indian Agent, Frank W. Rawles, ind Samne1.T. Leavy, United States Indian+agent in charge of the Yankton Agency, were designated for the purpose of securing the consent of a majority , of the male adults of the Ya"kton tribe of Dakota or Sioux,lndians to the proposed sale of the lands and right of way. Under date of August 21, 1889, the commissioners submitted their report, from wbicli it ap-pears that the Indians determined not to assent to the provisions af the act for the sale of any portion of the reservation, except the right of way 'for the railroad. This action is not a surprise to this office. The Red Pipestone Reser-vation was established under the eighth article of the tpeaty between the United Statcs and the Yankton tribe of Sioux or Dakota Indians, . conclnded April 19,1858 (11 Stat., 743), which provided that said- . Yenkton lodisns #ball be aocored in tho h a n d onrmu'ided osr of thr Had Pipeatone q-, m . O ~ Y Cth~e~ e o fa Ihcy hsve been accuxromedro h.eqoent aud ure far the purpo~oo f pmooRo6 stone tor oioea: and the Cnlred Staula horabv arioolatea andwmea to edme to be atrrreved and marked ao I - . . . . - moah thereof ae may be neoeasarg and proper for that parpose, and retain the aame and kwp it open snd free to the Indians to visit and proonre atone for pipea so long as the^ ahall deaire. The reservati?~ (1 mile square) was surveyed in august, 1859. Subse- : qnently in the survey of the townshipsin which it was included, the lines . were extended across the reservation without respecting it. Through this error a patent wasinadvertently issued to one August Clausen, May 15, 1874. Suit was subsequently brought in the United States circuit wurt to vacate said patent. The defendants demurred to the bill for want of equity; the demurrer was sustained and the bill aismissed at the Jnne term, 1880. The suit.was carried'to the Supreme Oo& on appeal, and at the October term, 1884, the decree was reversed, with directions to overrule the demurrer, the defendants to have leave to answer. ,(I11 U. S., 347.) The opinion, however, virtually covered the merits of the case and established the legal character of the reservation. Other entries were made on the reservation but were canoeled, &nd various applications have been rejected. In October, 1887, certain partiee who had heen residing upon the reservation, and had made improvements thereon, were removed with the aid of the military, nuder |
