where proceedings by the government have been, or shall be, begun against an entry within two years from the date of the final certificate, said entry will be held to be taken out of the confirmatory operation of said proviso; and that the word "proceedings" in such construction shall be construed to include any action, order, or judgment had or made in the General Land Office cancelling an entry, holding it for cancellation, or which requires something more to be done by the entryman to duly complete and perfect his entry, without which such entry would be necessarily canceled. (13 L. D., 1.) In addition to the above class of cases, memoranda in a few other cases of special note are submitted herewith. FORFEITED RAILROAD LANDS. In construing the forfeiture act of September 29, 1890, it was held that the language in section 2 of said act authorizing a "second homestead entry" refers only to those persons who had theretofore made a homestead entry, but failed from any cause to perfect the same, the object of such provision being to allow any one qualified, who had not theretofore secured a piece of land under the homestead law, to obtain a tract of the forfeited land under said law, and at the same time to take said land out of the operation of the preemption law. (11 L. D., 625.) FORFEITURE OF RAILROAD GRANT. The case of the Tennessee and Coosa Railroad Company involved the rights of the company under the forfeiture act of September 29, 1890 (26 Stat., 496), and in the disposition of the case it was held that the construction of a fractional part of a section of 20 miles, the whole road not being completed, does not entitle the company to any lands under the grant of June 3, 1856; and that the failure of the company to construct any portion of the road in accordance with the terms of the grant renders it subject to the forfeiture act of September 29, 1890, not only as to the uncertified lands, but also as to the 120 sections certified in advance of construction, provided such sections are in the possession and control of the state or company, and have not been sold to innocent purchasers for value. (12 L. D., 254.) RAILROAD RIGHT OF WAY. In the matter of the right of way approved on the application of the Union River Logging Railroad Company, a rule was laid on said company to show cause why said approval should not be revoked. On the response to said rule, it was held that the Secretary of the Interior has the power to recall, annul, and set aside the action of his predecessor in office in approving the map of definite location or profile of a railroad, filed under section 4, act of March 3, 1875, where such approval is procured by fraud and misrepresentation, and for a purpose not authorized by law; and the order of approval made for the benefit of said company was accordingly revoked. (12 L. D., 574.) DESERT LANDS. On September 12, 1877, Mr. Secretary Schurz issued an order suspending all desert entries made in Visalia, California land district, and directed an investigation to be made before the local land officers as to the character of each tract entered. The order of suspension applied to desert entries numbered 1 to 337, inclusive. The hearings were duly had in accordance with said directions, but prior to January 12, 1891, no final action had been taken looking toward a release of said entries from suspension or rendering judgment thereon. On the date last named, in the case of the United States v. James B. Haggin, the Department took up the questions presented by the previous action of the Department, and revoked the order suspending said entries, and gave directions for the disposition of all contests pending against said entries and the reception of final proof that may be submitted by claimants. (12 L. D., 34.) OKLAHOMA TOWN SITE. A number of interesting questions have come before the Department under the legislation authorizing the opening of Oklahoma lands to settlement and entry. Among these may be cited the case of Guthrie Town Site v. Paine et al., in which it is held that a town-site entry can not be allowed where it is apparent that the application is in the interest of a fraudulent speculation; that a soldiers' declaratory statement, filed on April 22, 1889, through an agent who was in the territory prior to 12 o'clock noon, of said day, is illegal and void; and that the entry of one who is lawfully within said Territory prior to noon, April 22, 1889, but takes advantage of his presence therein to secure a settlement right in advance of others, is in violation of the statute opening said lands to entry; and further, that a town-site entry can not be allowed in the interest of those who entered said territory prior to the time fixed in the President's proclamation and in violation of said statute. RIGHT OF WAY-INDIAN RESERVATIONS. In an opinion upon the rights of the Duluth and Winnipeg Railroad Company, under the provisions of the act of June 2, 1890 (26 Stats., p. 126), it was held that the first section of said act granted to said company a right of way through the Indian reservations mentioned therein, defined its extent, giving the company a right to take material for the construction of its road, and granting land for station purposes, limiting the number that may be constructed within said reservations; that prior to acquiring any vested interest in any part of the right of way, station grounds, etc., the company must duly file plats showing the definite location of its road and station grounds; and upon the approval thereof, must pay to the Indians the compensation fixed by the Secretary of the Interior, the consent of the Indians having been obtained as required by the second section of said act. (Vol. 5, p. 198.) In an opinion rendered April 20, 1891, upon the application of the Bayfield Transfer Company for right of way and station grounds within the Red Cliff Indian Reservation, it was held that the action of the Secretary in authorizing a railroad company to proceed with the construction of its road across an Indian reservation, pending the comple tion of the necessary arrangements, is not final in its character and confers no vested rights; that the proviso contained in section 5, act of March 3, 1875, does not render the provisions of said act generally applicable where a right of way is provided for under treaty stipulation, but only provides that when, by prior treaty or act of Congress, a right of way with definite limits or other privilege has been specifically granted, the provisions of said act shall govern so far as applicable. It was further held that conveyances for right of way purposes, executed by Indians holding under patents in which the right of alienation is limited by a requirement that the President's consent thereto shall be obtained, must be submitted to the President for his approval. (12 L. D., 481.) ALASKA. In response to a reference by the Secretary of the Interior of a request by the President that he be informed under what statute it is proposed to make certain reservations in Alaska pursuant to a recommendation of the governor thereof, an opinion was rendered giving the status of the lands in Alaska, the usual method of creating military and Indian reservations, and submitting a draft of an executive order for the purpose of reserving certain lands therein described. (Vol. 5, 197.) UNION PACIFIC RAILROAD COMPANY. In response to a reference of Senate resolution of July 3, 1890, asking "whether the guaranty or any payments, or both, referred to in the resolution, are in accordance with law and consistent with the obligations of said Union Pacific Railroad," the relation of said company to the Government was fully considered, and it was held that the action of the company in guaranteeing the principal and interest of certain railroad companies did not violate any of its obligations to the United States. (Vol. 5, p. 211.) KAWEAH COLONISTS, CALIFORNIA. In the case of the Kaweah colonists claiming certain lands within the limits of the reservation for a National Park in California, created by acts of September 25 and October 1, 1890, it was held, (1) that final entries of any of said lands prior to Executive withdrawal of legislative reservation, prima facie valid, should be recognized as valid until duly canceled by the land department; (2) that the parties who have not made entries of said land, but have merely made filings thereon and are cutting timber therefrom, should be considered trespassers and removed from the reservations; and (3) that homesteaders who have not made final entries, and are cutting timber for the purposes of sale and not for the purpose of clearing the land for cultivation, should be restrained by judicial action. (Vol. 5, 432.) INDIAN AFFAIRS. The administration of Indian affairs has been attended with reasonable success during the last fiscal year. The labors of the Commissioner and the very able Assistant Commissioner have been great, and the Bureau has also demanded continuously the attention of the Secretary. Its interests are so widespread and important, and the occasions demanding action so sudden, that the gravest responsibility and anxiety arise from its management. It is therefore gratifying to report that in the common judgment of those familiar with and interested in 'the Indians' welfare this service has been greatly improved during the last few years. Under your immediate direction, the selection of Indian agents has been exercised with the greatest care, and in no instance when it has appeared such an officer chosen was inefficient has there been any hesitation to make a new appointment. The immediate and tangible results of good government that the Indians appreciate, and which they have been allowed to enjoy more now than ever before, are those giving them physical comfort; freedom from the evils of insufficient food, poor clothing, indifferent shelter, and at least partial emancipation from the vices of drankenness, profanity, gambling, and lechery that have too long afflicted them. It is in vain to appeal for obedience to law or acquiescence in plans for their education and moral training to tribes who are hourly suffering from want and abuse. It is the great improvement brought about in these phyiscal conditions that has laid the foundation upon which is being erected that efficient and broader system of education and morality now adopted and practiced as the policy of the government. It is not claimed that perfection has yet been reached, or that there are not frauds yet practiced upon the government in Indian affairs; but it is believed that these have been immensely diminished, and are being rapidly exterminated. The Commissioner of Indian Affairs, in his extended report, has displayed more at large the features of this policy and made many suggestions for the future regulation of this Bureau. Many of these are based upon the experience and history of the Indian Bureau, and they fairly epitomize the general features that have been introduced into its management. POPULATION. The Indian population, as reported by the Commissioner for the fiscal year ending June 30, 1889, is 250,483, exclusive of the inhabitants of Alaska. The statistics of Indians, as compiled and furnished in Bulletin No. 25 of the Census Office, issued January 29, 1891, present with other information the following details: The total Indian population of the United States, exclusive of Alaska, but including 32,567 counted in the general census, being the taxed or taxable Indians, numbers 249,273. The following table gives the division of the Indians in detail: Indians on reservations or at schools, under control of the Indian Office (not taxed or taxable) .... indians incidentally under the Indian Office, and self-supporting: The Five Civilized Tribes, Indians and colored: 133, 382 Indians in State or Territorial prisons... Indians under control of the War Department, prisoners of war (Apaches at Indians taxed or taxable and self-sustaining citizens counted in the general census (98 per cent not on reservations)... 2,885 32, 567 384 184 Total. 249, 273 INDIAN SCHOOLS. It is shown by the report of the Commissioner of Indian Affairs that the enrollment of pupils in the schools conducted for the education and training of the Indian youth reached during the year 17,926 pupils, an increase over the previous year of 1,545 pupils; and that the average attendance was 13,568 pupils, or an increase of 1,336 pupils over the previous year. INT 91-VOL I- -III |