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Show 28 REPORT OF THE COXMISBIONER OF INDIAN AFFAIRS. opinion, dated January 11,1892, which covers the question as to what Indians can be held to have <'bought and paid for" the lands which &hey occupy. In that opinion he says: It is very clear that Congress intended by this w t to confer npon the Indians and upon tile Dapnrtment powers which they did uot theretofore possess, and the pra-wisiona of this fioction are olonr end imsmbigt~ous. The parties who may lease lands are Indians who have "bought and paid for" the same. Congress was legislating with reference to those Indims who have, unller treaty or otherwise, beoome pos-sessors or owners of certain speoifio tracts or bodies of lands by pnrchaso or ex- +hang0 or surrender of other property, in contradistination to those Indiana who are aocupying reserv&tious crested ?y Executive orrler or legislative enactment. The words "baught and paid far" do not, in my opinion, imply that, the consideration for the lands mast have been cash in ilsod p:hid by the Iuiliims, but riltllor Ghat the words were used in their ordinary and usual acaeptntion, and signify a porohese .either by the payment of money or by eiabauge of or surrender of other property or possessions. This office has authorizeti leasing of tribal lilnlls only in ease3 where ! the reservation lands were clearly occupietl by Il~rlia~lwsh o had <'bought and paid for the same," mithiri the ineaning of tile law as above construed. Since the last annual report the followillg leztses of tribal lands have been executed under the provisions of the above law: Ponca Eeseruation.-Two leases: each for one year from April 1, 1893; the east pasture coutai~linga n estimated area of 33,000 acres, at an an-nual rental of $3,000; the west pasture containing :&TI estimrtted area .of 33,000 acres at an annual rental of $3,005. Otoe and iMissoaria R~seruation.-Two Icases, wscll for one year from April 1, 1893; the east pasture, containiug nn estilnxted area, of 60,000 acres, nt an annual rental of $3,000; the west pasture, containing an estimated area, of 40,000 acres, at an annual rental of $2,600. Kaw Reservation.-Six leases for grazing privileges have beon exe-euted on this reservatiorl, none of wliich have yet bee11 approveti by the Departmeut. Four lenses for three years each from April 1,1893, I were execnted untler Departmentinstr~~ationsoFfe bruary 23,1883, and office directions of February 25, 1893, as follows: District No. 1, con-taining aboot 20,400 acres, at 15 celits per acre per annum, aunual I rental $3,060; District No. 2, containing about 10,709 acres, at 15 cents per acre per ilunum, annual rental $1,606.36; District No. 3, containing about 9,800 acres, at 154 cents per acre per anunm, anon:tl rental $1,494.50; District No. 4, containing about 10,920 acres, at an anliual rental of 17.t ceuts per acre per annum, a~lnuarle ntal $1,911. These I leases were transmitted to the Department with office letter of May 1, 1893, and were returned to this office with Department letter of May 13, 1893, without approval. They were then submitted to acting agent Capt. Charles A. Dempsey, U. S. Army, on July 18,1893, for investigation and further report. They were returned by him with his report August 15. They were again submitted to the Secretary for his approval on September 13, and were returned by him Septe1nbe.r 16, |
