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Show I -, 54 REPORT' OF THE CO~IS8IONER OF INDIAN AFFAIRS. Grand Portage Reservation, Win.-October 2, 1901, regulations were approved by the Department to govern the sale of timber on the Grand Portage Reservation in accordance with the provisions of the act of February 12, 1901 (31 Stats., 785). Under these regulations the Indians are not permitted to cut standing pine. The regulations were to be in force for one year from the date of their approval unless sooner modi6ed or revoked by the Department; but this fact was overlooked by the Office and Agent Campbell until July 23,1903. Then the matter was brought to the attention of the Department with recommendation that inasmuch as it appeared that the timber operations had been successfully and satisfactorily conducted, tbe regu-lations be extended to expire October 2,1904. This was approved by the Department J d y 27 and the regulations continued. The John B. Bigboy case.-The regulations approved by the Presi-dent December 6, 1893, governing the autting and sale of timber on the Bad River Reservation, Wis., provide that the proceeds from the sale of the timber, aftcrmakirig certiin deductions, shall "be depos-ited in some national bank subject to check of the Indmn owner of the allotment, countersigned by the Indian ageutof the La Pointe agency, unless otherwise stipulated in contracts with partieula~ IndLns." The agent was subsequently instructed not to pay to any Indian, without the consent of this Office, more than $10 per month of the tim-ber money to his credit, unless it be in case of actual sickness or to pay the expenses of the education of the allottee. Many of the Indisns applied to the Office, through the agent, for a greater amount of the money to their credit, in some instances desiring to withdraw the entire sum. Whenever it was satisfactorily shown that the applicant was - competent to manage his own affairs, and that he would invest the money in some profitable undertaking, the agent was directed topay him the amount applied for. John B. Bigboy requested that the agent be instructed to pay to him the money to his credit, being the proceeds from the sale of the tim-ber from his allotment. The Office decided to authorize the agent to pay the money under the cpnditions above named; .but Bigboy was dissatisfied with those conditions and filed a petition in the supreme court of the District of Columbia preying that writ of mandamus issue directing the Department and this Office to cause the money tb be paid to him. There mas deposited to his credit with the Ashland National Bank, of Ashland, Wis., $1,144.05. The supreme court of the District of Columbia directed that the writ of mandamus be issued requiring the Department and this Office to show cause why the money should not be paid to Bigboy. An appeal w&e taken to t5e court of appeals of the District. The court of appeals beld- We are of opinion, therefore, that by the petition and the return in this Ease there is not shown a plain ministerial duty to be performed by the respondents and which |