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Show REPORT OF TEE COMMISSIONER OF INDIAN AdPt~.i% established by Executive order of August 10,1869, but that they hold it by any higher title than that oontained in said unratified agreement, although they claim to have resided thereon for many years prior to said order. A small tract partly within this reservation was selected for them in 1859., by. Su-p erintend-ent Rector. Reservations established by treaty or agreement.-The remaining reser-vations, fiftyone in number, were established by treaty stipulation or by agreement made with the several tribes and confirmed by Congress. RIGHTS OF INDIANS IN THEIB RESEEVATIONS. Right of way of railroads.-By the act of March 3,1875 (18 Stats., p. 482), it is necessary, before a right of way through any Indian raserva-tioucan be definitely located, that the railroad company shall first ob-tain the authority of Congres*, unless such right of way has been al- . ready provided for by treaty or by act of Congress. Leases.-The views of the Department withrespect to the leasing of land within reservations for grazing purposes were set forth in a letter from Secretary Teller to E. Fenlon, under date of April 25, 1883, as follows: Without determining whst may be the a n t h o r ~otf~ t he Department or the rights of the Indiaus in this matter, I wi3 say it is not the present policy of the Departmeut to affirmatively recognize any agreemente or leases of the oharaeter yon mention. I see no ohjejeotion to sllollowing the Indisns to grant permission to parties desiring to maze on the reservation to do 80 on fair and reasonable terms,. snb-i wt to such t . soperviainn aa the 1)rparrrnen~m ay consider pruprr to prevent the Iodiaosfrom being impuaed opun. ' Wl~enevar there shall be ang. just eatwe far dissstisfaetioo on the part of Indiana, or when it shall appear that improper persona nnder oover of sooh lease or agreement are allowed in the Territory by parties holding sueb agree-ment, orfm any rmm the Department shellconsider it desirable for the publie inter-est to do so, it will exercise i3s right of supervision to the extent of removing all accnpants from the Territory without refsrenee to soch lease or agreement, an anoh notice as &hall he nght end proper. In the Forty-eighth Congress the Senate adopted a resolution instruct-ing the Committee on Indiau Affairs to inquire what leases of land for grazing or other purposes had been made with Indiau tribes, and whether said leases were authorized byexisting legislittion or were wn-ducive to the welfare of the Indians. (See Senate Ex. Ijoc. No. 17, Fortyeighth Congress, second session.) In reply to the resolution a list of so.ealled leases, which had been made with Indian tribes, was forwarded to Congress ; but it does not appear that any of the leases therein referred to were ever authoritatively approved by the Depart-ment. On the contrary, Secretary Teller expressly stated in his com. munication of January 3, 1885, to the Senate that he had declined to approve them as lease&, but had treated them as licenses to be revoked by the Indians at will. Attorney-General Garland (July 21,1885), after reviewing the vclrioua |
