OCR Text |
Show This allotment was approved by the Department February 12, 1893. Patent was issued for the lands September 16, 1899, and it was transmitted to the Umatilla agent March 20, 1900, for delivery to He yn tsi mil kin. Philomene Smith asserted a claim to this land, which was denied. She then institnted suit (No. 2595in the United States circuit court for the State of Oregon), pmying that the land he awarded her, and that the patent issued to the defendant be canceled. The'court, Judge Bellinger, decided in her favor, and the decision wss transmitted to the Department by the acting attorney-general and referred to this o5ce on July 27, 1901, for report. The oflice recommended that the taking of further action be left to the discretion of the United States district attorney, who appeared for the defendant and was familiar with all the facts, testimony, and law bearing on the case, and could best determine whether an appeal should be made or whether the opinion of the court should be accepted and conformed to by the defendant and the Government. July 31, 1901, the agent of the Umatilla Agency forwarded to this office a communication from the leading Indians of that reservation protesting against the decision of the court. The agent stated that he . believed the decision of Judge Bellinger in this case would be reversed if it were brought before the court of appeals, and recommended ear-nestly that such action be taken if possible, especially as the attorney for Mrs. Smith, the plaintiff, had wiitteh that he had other suits of a like nature against Umatilla allottees. August 10 last the office requested that the attention of the Department of Justice be invited to the statements made by the agent and the Indians. I am not advised that any further action has been taken in the case. NONRESERVATION ALWTMENT8. October 10,1900, Special Allotting Agent W. E. Casson was instructed to proceed to the Redding, Cal., land district, for the purpose of inqnir-ing into the condition and needs of the nonreservatiou Indians in that locality and to ascertain the truth of the reports which had reached the office to the effect that the allotments made to the Indians there were unsuitable, that in many cases they did not know where their lands were situated, and that they had not made settlement thereon as required. From Mr. Casson's reports it was clear that these Indians did not require material assistance in the way of subsistence, stock, farm imple-ments, etc., as had been represented. It is a rule in charity that it is easier to extend aid than it is to withdraw it, and this applies with equal if not greater force to Indians. These people have never received aid from the Government; but if once assisted, as shown by ample experience in other cases, it is felt that they would be likely to look to the Government for help for many years. |