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Show w 11-23349-2. wise depend upon tribal treaty rights nor does the State of Utah have any jurisdiction whatsoever over offenses committed within the reservation either upon the reservation as such or uoon allotted lands. The allotments have been completed, but fee patents have not issued on such allotments, and the exclusive jurisdiction is with the Federal Government. Any question as to trespass committed by Indians can undoubtedly be covered by appropriate regulations of the Secretary of the Interior. In my judgment every allottee Indian is entitled to protection against all other persons including reservation Indians in the exclusive right to hunt on his allotment; also to an exclusive right to fish opposite the allotment to the thread of a non-navigable stream or, if hi3 allotment lies on both sides of the stream, the entire bed or waters thereof, according to the principles of the common law of fisheries. I am not advised as to how -such regulations may be orooerly enforced. It would seem the Indian Office knows very little of the situation. The letter submitted for approval goes on tne assumption that the reservation does not have a court of Indian offenses but undertakes to say that these mattery should be brought before such court if there be one, This letter is open to other objections urgeta by Mr. Grosecl03e in his memorandum attached, and I suggest that the letter be returned with instructions to ascertain and reoort material facts, or submit a substitute letter embodying such facts. There ouo-ht not to be any difficulty in prescribing appropriate regulations if such have not already been issued or to enforce such rsgulations administratively. I doubt if any such case is presented aa would warrant an appeal to the Federal Courts or to any officer thereof 0 * The superintendent of the reservation ought to be able to handle such matters. |
