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Show 74 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. band and by the United States as a member thereof. The mother of the complainant drew rations at the Yankton Agency after its estab-lishment in 1859, and when she died, in 1894, she was-living on land allotted to her on the Sioux Reservation in South Dakota under the provisions of the act of March 2, 1889 (25 Stat. L., 888), and was recognized by that band as an Indian of their tribe. Whatever set-tlement was made upon the land in controversy by the defendant, Black Tomahawk, a full-blood Sioux, was subsequent to that of the complainant and not in good faith, but in the interest of others. On February 10, 1890, the time for the Sioux Indians to begin to file for record with the respective Indian agents their elections to have allotments of lands, to which they were entitled under the act of 1889, Black Tomahawk was not residing on the land in question, but on other lands, and was receiving and entitled to receive rations and annuities at the Cheyenne River Agency. Steps will be taken to carry out the decree of the court. The Office recently directed. the agent of the Cheyenne River Agency to call upon Black Tomahawk for the trust patent issued to him in 1899 :md to transmit it to this Office for cancellation; but the agent reports that Black Tomahawk refuses to deliver the patent, as he has be611 advised by his lawyers not to do so. Coeur d'A2dne.-The Coenr d'Alkne Reservation in Idaho is nearly ready for allotment. The current Indian appropriation act (34 Stat. L., 335) directs that it be allotted, each Indian to have 160 acres. The plats of survey have all been accepted by the General Land Office except one, which will doubtless be ready at an early date. They have not yet been furnished to this Office, but as soon as they are received the work can proceed. CoZurn6ia (Moses agreement).-The act of March 8,1906 (34 Stat. L., 55), directs the Secretary of the Interior to issue trust patents to such Indians as have been allotted land under the agreement ,con-cluded July 7, 1883, with Chief Moses and other Indians of the Columbia and Colville reservations, commonly known as the "Moses agreement." These patents are to declare that the United States will hold the land thus allotted for ten years from the date of the approval of the @ct in trust for the sole use and benefit of the allottee, or, in case of his decease either prior or subsequent to the issue of the patent, of his Heirs according to the laws of the State of Washington. At the,expiration of ten years the United States will convey the ltnd by patent to the Indian or his heirs in fee and free of all incum-brance. Any conveyance of the lands by any allottee or his heirs, or any contract made touching them before the expiration of the trust period, except as provided in the act, shall be null and void. Provision is made for the sale by any allottee or his heirs of the lands patented, except 80 acres, under rules to be prescribed by the |