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Show REPORT OB THE COMMISSIONER OF INDIAN AFFAIRS. 81 or hay land, and the conditions seem to demand a considerable area ' . of pasture land--for some more, for some less, depending on location. In order to maEe an iatelligent and effective allotment, therefore, the law authorizing it ought to be very flexible, permitting the authorities who have it in charge to take into account the altitude. character of the soil, climate, productive possibilities and proximity to market, as well as the habits of the tribe. Conditions similar to those on the Jicarilla Reserve prevail elsewhere; in the Blackfeet country, where possibly 40 acres to a head of cattle is not too large an nllowance for grazing purposes and a family can not make both ends meet with less than 100 head, the outlook for the Indians even with an allotment of 320 acres of grazing land would not be brilliant. Indeed, each reservation xet to be allotted calls for some difference in treatment. Not uncommonly nowadays reservations are opened by special act of Congress, and in almost every instance, as I have pointed out else-where, the primary objcct seems to be to hasten the date when the surplus unallotted lands can be taken by the homeseeker. This is not unnatural, in view of all the circumstances, but it is unwise never-theless. Too little thought is given to the condition of the Indians to be allotted, and, incidentally to this, not enough regard is paid to the ultimate welfare of those whites who will try to acquire homes on the coveted lands or of those who will ultimately succeed to a large part of the allotments. The law too often operates as an attempt to nnticipate administration, and administrative officers are in their turn forced, much against their will, into apparent lawmaking by having to construe the law on so many dubious points. Apparently the only relief possible is an act vesting greater discre-tion in the Dapartment, for no general law can be drawnwhich will meet the thousand varying conditions liable to arise. The adminis-tratir- e power could then operite without the peril, now ever present, that its disposal of one case may control the disposal of many others, notwithstanding differences of conditions and the different courses which therefore ought to be followed. I am convinced that a wise provision in any general allotment act would be to allow not less than 5 or more than 40 acres of irrigable land, or not more than 640 acres of grazing land, to each Indian, in the discretion of the Secre-tary of the Interior. This would better meet existing conditions and enable the Department to care properly for the interests of all con-cerned. Another result which caul6 hardly help flowing from it would be the more rapid opening of reservations and the consequent dissolution of the generally condemned reservation system; for the executive branch of the Government could act then in one case after another withogt the need of consuming the time of the Congress upon 1839.46 M-4 |