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Show occupancy, and that whatever of title there was outside of the' Mexican nation was I in the mission, and an absolute grant was made subject only to the rights of such I mission. t For these reasons we are of opinion that there was no error in the rulings of the 1 supreme court of California, and its judgments in the two cases are a5med. Mr. Justice White did not hear the argument of these eases or take part in their I decision. THE CHAMBERLAIN BROTHERS, CGUR D'ALRNE RESERVE, IDAHO. As set forth in my last two annual reports, some years ago six Cham-berlain brothers and certain other persons went to the Cceur d'A1Bne Reservation, Idaho, and asserted a right to share in Cceur d'Albe lands and tribal funds. The office decided that they were not of Cceur d'AIBne blood, and were therefore without right upon that reservation. All left the reservation except three, who persisted in their right to remain. They selected lands for homes, made improvements, and filed a claim for 813,340 of Cceur d'A1Bne money. With the assistance of the military they were finally removed in 1899, but they returned to the reservation and instituted proceedings in the United States circuit court, northern division of Idaho, to restrain A. M. Anderson, United States Indian agent, from removing them and to secure a decree adjudg-ing them to be members of the Cceur d'AlBne tribe of Indians. The case came up for hearing May 20,1901. The court found tbat the allegation set out by the complainants in their bill of complaint had not been proved and ordered that the temporary restraining order theretofore granted against defendant be dissolved; that the complain-ants take nothing by their bill, and that the defendant recover his costs in the case. In case the complainanh were found to be temperate and law-abiding and their example such as in no way to be injurious to the other Indians, the court recommended that they be allowed to remain permanently upon the lands they occupied to the extent of 160 acres for each family, but that they be not allowed to share in the Govern-ment annuities or moneys due the Cceur d'A1Bne Indians, and that they be required to disclaim all claim thereto. The agent reported that he was satisfied that had the judge been familiar with the character and conduct of the Chamberlain brothers he would not have made tbat recon~mendation, and that the presence of the chamberlain brothers upon the reservation was so detrimental to the hestinterests of the Indian that they should be required to remove at the earliest practicable date. July 80, 1901, the Department approved office recommendation of July 27 that the complaiuants, Bartholomew, Fabian, and Jeremiah Chamberlain and Gregurie Amperville, be required to remove from the reservation within a reasonable time, and August 2 the Indian agent was instructed to require them to remove on or before October 1,1901. |