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Show been taken by the Indians to make final proof, and as other entries and selections by the Winnebagoes needed the attention of some one familiar with the situation among them and with the public-land laws, I suggested on July 31,1896, to the Commissioner of the General Land Office the wisdom of again detailing Mr. Mess for thirty or forty days to visit these Indiansand render them such aid as might he necessary-instructions to be given him by that office. I am advised that the detail of Mr. Mess has been made, and it is expected that through his endeavor the Winnebago homestead matters will soon be put in condi. tion for final disposition. I also suggested to the Department the propriety of appointing Mr. Mess a special disbursing agent, with proper bond, to make the aunual payment of moneys due these Indians. The suggestion was favorably acted upon, arid he has been duly instructed. It is thought that this step-prompt payment of their annuities--will encourage the Indians to file proper papers and make necessary proofs as to their homesteads. WISHAM AND TUMWATER FISHERIES ON THE COLUMBIA RIVER. Referring to remarks in the annual report of 1895 in regard to in-fringement by whites of the fishery rights held by the Yakima Indians under treaty concluded with them June 9,1855 (12 Stat. L., 951), I have to say further, that every effort has been made by this office to protect these Indians in such treaty rights, bnt not always with success. It is still a troublesome and perplexing question. The fishery rights of these Indians and the stipulations of their treaty were brought before and defined by the supreme court of Wash-ington Territory January 25,1887, in the case of The United States v. Frank Taylor, reported in the Pacific Recorder, volume 13, page 333. Under that decision the Indians have the right to use and enjoy their fisheries as they had done before the conolusion of the treaty of 1855; and the court held that where a person obtained, under an act of Con-gress approved subsequently to the treaty, a patent to land abutting upon the Tumwater fisheries and erected md maintained thereon a fence which obstructed the approach to the fishery which had been reserved by treaty to Indians, equity would interfere by an injunction and cause the removal of the obstruction; and that persons so obtain-ing patents hold such lands encumbered and charged with such ease-ments and rights. This decision was a victory for the Indians, reversing the judgment of the district court, which had been against them; but Agent Erwin, Yakima Agency, Wash., states in his report of February 2,1895, that although the supreme court of Washington Territory remanded the case for further proceeding, in accordance with the stipnlations con-tained in the decree, it was never prosecuted beyond that point, as he was informed. |