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Show REPORT OF THE COXXISSIONER OF INDIAN AFFAE8. 111 I removal; and that to remove them would not only be an injustice but would have a tendency to retard their future progress. I t appears that the general condition of these Indians and their situation as to land holdings were misGepresented by interested parties, the evident object being to secure the valuable lands that would be surrounded or vacated by the Indians. Seven of the Wenatchi who had no lands were removed to the reser- - vation, and November 29, 1902, the Department granted authority for their location thereon and for the expenditure of $1,000 of the $12,000 appropriated by the act of May 27,1902, to provide them with suitable homes, necessary tools and implements, and temporary sub-sistence. FISHERY RIGHTS OF YAKIMA IN WASHINGTON. A bill was filed July 11, 1895, in the United States circuit court for the district of Washington, southern division, to enjoin Winaus Broth-ers from interfering with the fishery and other rights claimed by the Y'dikima Indians under their treaty. Recently a decision was ren-dered in the United States circuit court for that division dismiss-ing the bill. On June 25, 1903, the Attorney-General transmitted to the Department a copy of a letter addressed to him on June 16 last by the United States district attorney for Washington, and stated that the opinion of the court, the decisions therein cited, and the report of the master sufficiently disclosed the issues by pleadings and the court's position and rulings thereon. As then advised, he was inclined to think that an appeal should be taken from the decision, but he asked to have the views of the Depart-ment as to the advisability of such action before issuing instructions to the United States attorney. The papers in the case were referred to this Office for report July 30, 1903. The Office replied that as testimony had been taken, report made thereon by the master, and a decision rendered by the court, the case was in condition for appeal to a higher court and for the rendition of a final decree, which would govern not only in this case but in cases of similar nature which have already arisen among the Yakima Indians, respecting their fishery rights, and which are likely to arise in the future. The Office is not advised as to whether an appeal has been taken, as suggested. Very respectfully, your obedient servant, W. A. JONES, Cmnmis&nm. The SEGFCETAOFR YTH E INTERIOB. |
