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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 93 such instructions to the district attorney for the western district of North Carolina as he might deem requisite. The facts had been tele-graphed to the district attorney by the snperintendent, but it was thought possible that he would await instructions from the Attorney- General before proceeding to take definite steps to suppress the trespass. September 18 Superintendent Potter telegraphed: Boyd has felled over a. hundred thousand feet of timber. Still cutting without interference. Mason ani Diokson anxions for immediate settlement. This information was duly forwarded to the Department September 19,1894, with request that it be sent to the Attorney-General, urging early action by him for the suppression of this depredation. The Department of Justice replied, September 22, that it had communicated both by mail and telegraph with Robert B. Glenn, United States attor-ney, winston, N. C., in regard to the matter. September 26 Superin- 'tendent Potter again telegraphed: Boydemployed 40 additionalmen st outting timbef, and is engaging teams to haul same off the reserve to railroad; have wired Glenn to enjo~nhimim mediately. / This information was sent the next day to the Department for the information of the Attorney-General. / On the 28th this office reported to the Department tbat Boyd's men had stopped work teniporarily, at request of Superintendent Potter, to await the action of the court. October 22, 1894, the Attorney-General notified the Secretary of the Interior, in connection with the suit instituted by the Department of Justice, at the request of the Interior Department, against D. L. Boyd and others, on account of timber trespass alleged to have been com-mitted by them in pursuance of a contract not approved, tbat he did not consider it any part of the duty of the United States to maintain said suit, and that if it met the approvar of the Department, whose suggestions he invited, he sbould direct the dismissal of the suit, and he should also withdraw the directions given to the United States attorney for the district to enter his appearance in defense of another suit brought by H. G. Ewart for fees claimed for executing the contract with said Boyd. In reporting, October 30, 1894, upon this proposed action of the Attorney-General, this office held that an issue had been raised by the Indians and by parties representing themselves as their attorneys as to the jurisdiction of the Government over the Indians and their lands. The matter was first brought before the Assistant AttorneyGeneral by Hon. Mr. Ewart, who, in his opinion of July 25,1894, held that the Government had a right to exercise such jurisdiction. The Indians and their allegedattorneys, differingfrom that opinion, proceededto act in their own behalf, hence the Department of Justice had been requested to enter suit against Mr. Boyd et al., so that the court might settle the question involved. It was a question that had perplexed the office for |
