OCR Text |
Show department of gjitBttce. OFFICE OF Relating to at- UNITED STATES ATTORNEY. tachment of pro-pOrty Of lessee DISTRICT OF UTAH. of Indian allotment for unpaid rent. AYY7 fAZa/cYA;/,/, November 6,1907. Captain C.O.Hall, \ Acting U.S. Indian Agent, \ •Whiteroclco, Utah., Dear Sir:- \ Permit me to acknowledge receipt of your letter of Oct.31st with reference to the proposed attachment of property of Mr. Cray, a lessee of an Indian allotment, for failure to pay the rent provided in the lease. The facts mentioned in your letter are of course ample to demonstrate that there are many difficulties in the way of enforcing the IndianB rights in such a case. Tho condition is a very unfortunate one, and I assure you that this office would be very glad to render you more effective sex'Vice in such cases. It is very apparent to Judge Booth and myself,however, that any proceeding by way Of an attaohment against the leasee of Indian allotments will be a suit brought by the Indian himself as a citizen of the United States and of the State of Utah, and that Buch a proceeding could not properly be brought by the United Statdo. In fact the only authority this office 7.ould have would bo to appear as the Attorney for the Indian under instructions which we have heretofore received. The United States Government would be in no sense a party to the litigation; if it wore of oourse the proceeding would have to be ih the United States Court* The United States Court,however, having already deoided that tho Indian lo a citizen and subjeot to all the laws £>f the Stlate of Utah, and fin-titled to the benefit of all the laws 'of the Btato df Utah, would undoubtedly hold that tho Indian tnust reeort to tho State Courts to |