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Show .. " . . - - , , 72 REPORT OP THE COMMISSIONER OF,mDIAN AFFAIR$ ' -~ .. . , ' : . be executed in triplicate on blank forms furnished. by this ofiice, in ' the presence of two subscribing witnesses, and must be acknowledged . . before the Indian agent. . But two leases of allotted lands made under the provisions of the . ' above law have been approved by the Department; one was apprpved March 5 last, between John prophet, an Eastern Shawnee allottee, ' ; ' belonging to the Quapaw Agency, Indian Territory, and John T. , McElhaney, 0. J. Summers, and Bi P. Clark, all of Newton Co~mty, . ' . .M o., and W. W. Martin, of Fort'Scott, Eans. Th8t lease grants to the - - parties of the second part the right to conduct mining operations on . - 'the allotted lands of John Prophet for the period of ten years. The other, ' approved April 28,1892, is between White Dog, of the Ponca snb- ' , agency, Nebraska, and Jacob B. Nelson, for the period of three years ' " from April 11,1892, at an annual rental of one-third of all the crops ' . raised on the leased premises. Considerable correspondence, has been had relative toCleasing other . 6llotted lands, particularly those under the Sisseton? Yanktan, Chey-enne and Arapaho, Sac and Pox,and Omaha and Winnebago agencies, : . bnt no further leases havevees yet,been approved. ~ UNbLLOTTED OR TRIBAL LANDS. It is to be observed that the above law provides for leasing tribal . . or unallotted lands only in cases where the lands in questmioanr e occupied , - . by Inai+ns who have 1Lbought and paid for the sa,lnc." At therequest of this Oftice for instructions as to whether or not the Omaha Indians ' ' could lawfully lease their ~ n ~ l l o t t eladn ds for gra,zing purposes, trlie . Assistant Attorney-General for the fnterior Departme116 gave an opin-ion dated January 11,1892, wb.ich:covers the qnestio~i as to what In- - diansca11 be held to have "bought and paid for" the lands which they occupy. In that opinmn he says:. .. . - I t is very cleir that Congress intended by this-aot ta confer npon the Indians a111116 I upon the Department powera whioh they did not theretofore posaesa, snd t.ho pro- , . - visions of this section are dear and unambiguons. The pmties who may leeselands are lndians who have boneht and oaid far" the sane. Conereaswas lescislatine. ., . - - with referenee ta those Indians who have, under treatyor otherwise, become possea- 6ors and pwners of certain specifia tracts or bodies of lands hpplll.chase or exchange or surrender of other -& ao-e rt\;". .i n cootrarlistinotion to those Indians whe are ooen- ' . pying reservations oreated by Executive order oi. leginlstive'eni~otment. The words "ought and paid fur" do not in my opinion imply that the consideration for the -. , lands must have been ossh in hand pdd by the Indians, but rather that the wordtl - were used in their ordinary and usual acceptation and signify E purchase either by the payment of money ar by exchange of or surrender of other broperty or posses-sions. . ~ This Office has anthorized leasing of tribal lands only in cases where .' ^ the reservation 1andswereclearly.occupiedb y Indians whohad " honght and paid for the same," within the meaning of the law as above con-. . oonstrued. s |
