This allotment was approved by the Department February 12, 1893. Patent was issued for the lands September 16, 1899, and it was transmitted to the Umatilla agent March 20, 1900, for delivery to He yu tsi mil kin.

Philomene Smith asserted a claim to this land, which was denied. She then instituted suit (No. 2595 in the United States circuit court for the State of Oregon), praying that the land be awarded her, and that the patent issued to the defendant be canceled. The court, Judge Bellinger, decided in her favor, and the decision was transmitted to the Department by the acting attorney-general and referred to this office on July 27, 1901, for report. The office recommended that the taking of further action be left to the discretion of the United States district attorney, who appeared for the defendant and was familiar with all the facts, testimony, and law bearing on the case, and could best determine whether an appeal should be made or whether the opinion of the court should be accepted and conformed to by the defendant and the Government.

July 31, 1901, the agent of the Umatilla Agency forwarded to this office a communication from the leading Indians of that reservation protesting against the decision of the court. The agent stated that he believed the decision of Judge Bellinger in this case would be reversed if it were brought before the court of appeals, and recommended earnestly that such action be taken if possible, especially as the attorney for Mrs. Smith, the plaintiff, had written that he had other suits of a like nature against Umatilla allottees. August 10 last the office requested that the attention of the Department of Justice be invited to the statements made by the agent and the Indians. I am not advised further action has been taken in the case.

that any

NONRESERVATION ALLOTMENTS.

October 10, 1900, Special Allotting Agent W. E. Casson was instructed to proceed to the Redding, Cal., land district, for the purpose of inquiring into the condition and needs of the nonreservation Indians in that locality and to ascertain the truth of the reports which had reached the office to the effect that the allotments made to the Indians there were unsuitable, that in many cases they did not know where their lands were situated, and that they had not made settlement thereon as required.

From Mr. Casson's reports it was clear that these Indians did not require material assistance in the way of subsistence, stock, farm implements, etc., as had been represented. It is a rule in charity that it is easier to extend aid than it is to withdraw it, and this applies with equal if not greater force to Indians. These people have never received aid from the Government; but if once assisted, as shown by ample experience in other cases, it is felt that they would be likely to look to the Government for help for many years.

The office was convinced, however, from Mr. Casson's reports that the allotments to Indians in both the Redding and Susanville land districts, about 1,400 in all, should be thoroughly and carefully investigated and overhauled. He was accordingly instructed to examine personally each individual allotment, to ascertain its fitness as a home for the allottee, and, if suitable, to have the corners definitely located and marked and pointed out to the Indian. He was authorized to employ two surveyors, two assistants, and two teams. The following paragraphs are quoted from office letter of April 19, 1901, to Mr. Casson in relation to this work:

From your reports, as well as reports from time to time obtained from special agents of the General Land Office and from other sources, it is clear that a great many if not the most of these allotments in the field were superficially and injudiciously made, and it is the desire of the office that the evils resulting therefrom should be corrected by you so far as practicable at this time. This is desirable not only so as to set at rest the question of the validity of the Indian's allotment and his security therein, but also that the office and the Department may not be involved in further expense in investigating specific cases upon the charges of white men or others in the years to come. * * *

At the same time this work is being done the Indians should be given to understand that they must rely on their own efforts for their future support, and they should be encouraged to your utmost to settle upon their allotments and establish homes for themselves. In your work among these people the good you may be able to accomplish will consist as much in your friendly assistance, good advice, and encouragement along proper lines as in the fact of locating and defining their lands. The mere fact of giving an Indian an allotment does not change either his character or his condition. He should be persuaded, if possible, to see that the allotment will be the means of bettering his condition. To accomplish the ends suggested will of course require patience and perseverance on the part of the allotting agent. However, in making future allotments to Indians, the office desires to impress upon you the necessity of keeping constantly in mind the fact that the allotment is intended as a present home for the adult Indian and as a future home for the minor, and that the same must therefore be suitable for the purpose. It is deemed to be next to useless to allot arid lands to Indians, lands upon which there is no water or upon which no water can be placed, as from their very condition it is obvious that such lands will be utterly unfit and unsuitable as homes for the Indians.

* * *

It is realized that there is but little vacant land left on the public domain excepting such as may be classed as grazing land. It would seem, however, to be almost absolutely necessary that each allotment should embrace at least a few acres of tillable land upon which the Indian may raise some garden truck as a necessary requisite to his subsistence. Very few of this class of Indians have the means wherewith to stock a grazing farm.

In making new allotments the greatest care should also be exercised that the lands allotted are not more valuable for timber than for agricultural or grazing purposes. The General Land Office is investigating all such allotments for the purpose of ascertaining the character of the lands, and if found to be more valuable for the timber thereon it will only result in the cancellation of the allotments. You will therefore see the necessity of making a personal examination of the lands allotted in every case before the application is filed.

Next in importance is the matter of settlement in the case of adults. Of course it is absolutely necessary that the Indian should be shown the corners of his allotment, and you should be fully satisfied that settlement will be made, if it has not

already been done. The purpose of making allotments, as you know, is to secure homes for homeless Indians. This purpose will not be attained if the Indian does not settle on the allotment and improve the same and make it his home. You can not too strongly impress upon this class of Indians the necessity of making settlement in good faith and of continuing the same. The questions of settlement and of the character of the lands come under the jurisdiction of the General Land Office for determination, and unless the greatest care is exercised in these matters the result will only be further expense to the Land Department and disappointment to the Indians interested.

The facts and conditions disclosed in connection with allotments heretofore made in that section of the country, as above indicated, should serve as a sufficient lesson to those interested in this work to see that in future this class of allotments is properly made, so that the purpose intended to be attained may be accomplished.

Regarding it as extremely desirable that the review of these allotments should be complete and final so that the Government would not be put to any further labor and expense in connection with them in the field, and also so that the Indian might be made secure in his home and holdings against future attack or contest by encroaching white settlers, the office, June 21, 1901, requested the Commissioner of the General Land Office to detail a special agent of that office to work in conjunction with Mr. Casson in reviewing these allotments. In that way the question of settlement and the question whether the land is of a character subject to allotment might be passed upon at the time and finally determined. July 2 the Commissioner of the General Land Office replied that Special Agent Edward Borstadt had been detailed to cooperate with Mr. Casson, as suggested.

Where the land is found to be of a character not subject to allotment, or to be unsuitable for a home, the allotment will be canceled and, if possible, other lands in lieu will be selected and allotted. Where the allottees are found to be not entitled to allotments under the later rulings of the Department, the facts are also to be reported so that steps may be taken to effect cancellation. It is proposed that where all the conditions and requirements are found to be favorable the special agents shall join in a report to that effect. This should place all such cases beyond successful contest in the future. It is the aim of the office to have this work now so thoroughly done that the Indians may be perfectly secure in their homes, at least during the continuance of the trust period. The office feels that this work, together with proper advice and encouragement, will accomplish in the end far more good for these Indians than material aid would do, no matter how judiciously the same might be extended.

Mr. Casson commenced work in the Susanville district, with his two surveying corps, about the middle of June, and it is expected that he will complete it before cold weather and snows render further work in the field impracticable. A considerable number of cases have already been reported by Mr. Casson for cancellation, while in a num

ber of others relinquishments have been obtained from the allottees with a view to making other allotments in lieu.

Special Alloting Agent George A. Keepers, who had been furloughed and sent to his home when my last annual report was submitted, was returned to duty January 15, 1901, Congress having made a deficiency appropriation for allotment work. He was instructed to proceed to The Dalles, Oreg., land district for the purpose of assisting and making allotments to nonreservation Indians in that vicinity. In the light of the former experience of this office in connection with such allotments he was cautioned to exercise the utmost care in making further allotments and to consider Indian character, settlement, and suitability of the land as an Indian home, etc.

February 27, Mr. Keepers reported that there were from 600 to 800 nonreservation Indians in Klickitat County, Wash., and he estimated that in the two land districts of The Dalles, Oreg., and Walla Walla, Wash., there were more than 1,000 Indians entitled to allotments. All were anxious to get lands, and in Mr. Keepers's opinion the sooner they are allotted the easier and better it will be, as suitable lands are already difficult to find. In view of the rapid influx of settlers into that locality the importance of securing lands in severalty for these Indians, where suitable lands can yet be found and where there is assurance that the individual Indian will make a home for himself thereon, can scarcely be overestimated.

Up to September 21 last Mr. Keepers had made 83 allotments. It is presumed that Mr. Casson has made some in the Susanville district in lieu of canceled and relinquished allotments, but the number has not been reported by him.

No allotments to nonreservation Indians have been approved by the Department, and no trust patents for such allotments have been issued during the period covered by this report.

Cancellation of Trust Patents-Case of Lizzie Bergen.-September 25, 1900 (30 L. D., p. 258), the assistant attorney-general for this Department rendered an opinion in the case of Lizzie Bergen, holding that the jurisdiction of the Secretary of the Interior over land allotted to an Indian does not cease upon the issuance of the first or trust patent, but that until the second or final patent has been issued he has authority to investigate and determine as to the legality of any Indian allotment and to cancel the trust patent based upon an allotment erroneously allowed.

Lizzie Bergen, the minor child of Susan Bergen, was a nonreservation allottee in the Ashland, Wis., land district, under the provisions of the general allotment act as amended. She was one of a considerable number of such cases in the timbered section of northern Wisconsin and Minnesota, in which it was charged that the entry was 8355-01-5

illegal and fraudulent, being for land not subject to allotment, and being made for speculative purposes and for the benefit of persons other than the allottee. This trust patent was finally canceled by the Commissioner of the General Land Office July 24, 1901, and since that date a number of other patents for lands in that land district have also been canceled.

Allotments of Sioux ceded lands, South Dakota.-Under section 13 of the Sioux act approved March 2, 1889 (25 Stats., 888), many Indians receiving and entitled to rations and annuities at the agencies on what was then known as the Great Sioux Reservation applied for and received allotments upon what is known as the Sioux ceded tract, South Dakota-the same having been a part of the great reservation of the Sioux nation. Some of the allottees who received allotments on this tract relinquished the same to the United States soon thereafter and returned to the reservations to which they respectively belonged. From time to time other allottees have relinquished their allotted lands to the United States and removed to their reservations. The Cheyenne River Indians are still offering relinquishments of their allotments. It is the policy of the Department to accept and confirm these relinquishments and to allow the Indians to return to their reservations and receive allotments thereon if found to be entitled.

Because of this action on the part of the Indians the Sioux ceded allotments have not been presented to the Department for approval and instructions as to the issuance of patents.

AGREEMENTS FOR THE CESSION OF LANDS.

Grande Ronde Reservation, Oreg.-Special Agent Armstrong was instructed by the Department last spring, in accordance with the recommendation of this office, to make careful investigation and ascertain whether it would be desirable for the Indians of the Grande Ronde Reservation in Oregon to cede their surplus or unallotted lands, about 26,500 acres, to the United States. In his report dated May 16, 1901, he stated that he found that the surplus lands of these Indians were bringing them no revenue, but were monopolized by people who paid nothing therefor; that a considerable portion would make good homes for settlers, if opened up, and that some of the land contained merchantable timber which was not needed by the Indians, as they had sufficient timber on their respective allotments to supply their own needs. He urgently recommended that an agreement be made with these Indians providing for the cession of their surplus lands.

In compliance with Department directions the office prepared a draft of instructions June 19, for the guidance of Inspector James McLaughlin in the conduct of such negotiations. With his report, dated June