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Show 88 REPORT OF COMMISSIONEX OF INDIAN AFFATFS. September 28, 1850 (9 Stat. L., 519). Accordingly, on July 22, 1908, the General Land Office directed S. J. Colter, chief of field division, Duluth, Mi., to make an investigation to determine whether the lands included in the lists mentioned were swamp or nonswamp in 1860, and on 3uly 28,1908, the office directed the agents of the Leech Lake and White Earth agencies to assign competent representatives from their offices to accompany the field agents of the General Land Office in making this examination. The situation respecting swamp lands in Wisconsin is controlled by department letter of December 19, 1894, to the Commissioner of the General Land Office, which said: By the swamp-land grant the State of Wisconsin acquired the title, the naked fee, to the swamp lands anbrared within the Lac du Flambeau Reserva-tion, wuhject to the right of Indian occupancy; and while said right exists, no action should be taken under said grant looking toward a disturbance of the Indian right (XIX L. D. 518). This decision has controlled on all the other Wisconsin reserva-tions, the basis of Indian title on the Lac Courte Oreille, Lac du Flambeau, La Pointe and Red Cliff reservations being the treaty of September 30, 1854 (10 Stat. L., 1109) ; Menominee Reservation, treaty of October 18, 1848 (9 Stat. L., 952) ; Oneida Reservation, treaty of February 3, 1838 (7 Stat. L., 566); and Stockbridge Reservation, treaty of November 24,1848 (9 Stat. L., 955). In the Menominee Reservation 16,249.14 acres were patented to the State as swamp land by patent No. 8, issued November 13, 1865. In 1866 the governor was requested to return the patent for candla-tion, but he declined, holding that the lands had been rightfully patented. A commission of two persons designated by the General Land O5ce and the governor of Wisconsin, respectively, filed a report on August 13,1881, which characterized as swamp lands 4,800 more acres in the Menominee Reservation. In the Lac du Flambeau Reservation about 18,000 acres were reported as swamp lands on October 22,1866, and an additional 21,000 acres was included in the commission's report. In the La Pointe Reservation 9,135.61 acres of swamp lands were reported July 30,1870, which were approved April 24,1871, but have not been patented, and 1,303.16 acres which have not been approved. About 2,640 acres additional were included in the commission's report. In the Lac Courte Oreille Reservation about 1,500 acres were reported on June 15,1859, as swamp land, the greater part of which has been approved and patented to the State. An additional 600 nmes was included in the commission's report, but the claim thereto has not been adjusted. |