Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-08-03
GARLANn,s DECISION.

of the interior department tu authorize
The Indians 20 lease their lands for graz
iug purposes, has transmitted to Secretary
lamnr an opinion, In effect, That no such
power exists under the law
The questions referred 10 the attorney.
general were whether there wa. any law
empowering the interior department 10
authorize the indians TO enter into u con-
tract with any parties for the leasing of
the indian lands for grazing purposes.
also whether the president or the interior
department has any authority To make II
lease Tor grazing purposes of nuy part of
any Indian reservation, or whether APP
provul by the president or secretary Of
The interior would render any such leases
made by the Indians with other parties
lawful andvalld
The questions, writes The nitorncy-acn-
oral. are propoundcd with reference lo
certain Indian reservations, namely.
First, the Cherokee lands in the lndinn
Territory. west of the ninty-siNth degree
oi west longitude, except such parts
thereof ~ have heretofore been appropri-
atcd for and conveyed to friendly tribes
ol Indians.
SECOND, the Cheyenne and Ampnhoc
reservations IN the Indian Territory
our government has ever claimed the
right and from AN early period ils settled
policy ha, been to regulate and
control alienation or other dis
position by the Indian nations
or tribes NJ their lands. This policy was
originally adopted in view OF their pccu.
liar character and habits, which render
thcm Incapable OF sustaining any other
relation with the whites than one of de-
pcndcnce and privilege. There was no
other way OF dealing with them than of
keeping them separate, subordinate and
dependent with guardian care thrown
around them for their protection.
M S1a the congress confederation, by
proclamation, forbade all persons from
making settlements on the land, inInbil-
able ur claimed by the Indians within the
limits or jurisdiction of any particular
,latr aud from purchasing or receiving
any git or ccssion OF such lands or
claims without the express author
lty aud directions ot the
United States assembled, and
declared That every such purchase
or settlements gift or Cossion not having
The authority aforesaid, is null and void
md that no right or title viii accrue in
consequence OF any such purchase, gift,
crssion or settlement
by section sixty OF the act of July -.
l7Hp, the congress OF the United States
enacted that no sale of lands by any
Indians or any nation or tribe OF Indians
within the United States shall be
valid to any person or persons
or to'any state, whether giving the right
ol pwcmpton 10 such lands or not, mn
loss the same shall be made aud duly cN-
ccutcd at some public treaty under the
authority of the Unitcd States
similar provision was again enacted
in section eight OF the act OF March /
l7o3, which by It's terms included ANY
purchase or grant Of lands or of any
title or claim thereto FROM any indians or
nation or tribe OF Indians within the
bounds OF the United states
These provisions were further extended
hN section twelve OF the act of MAY ~,
llA9, SO MS 10 embrace any purchase,
grant, lease or other conveyance OF lands
or of amy title or claim thereto.
As thus extended IL was rc.cnutcd by
the act of March 8, l7nN, chapter Vi, and
also by the act OF March 20, 1902, chapter
80, section 10,
la he above legislation the provision
applied To purchases, grants, leases, etc,
from individual Indians as well as from
Indian tribes or nations, but nv the
twelfth section OF the act OF June 30, 1854,
chapter l0l, Il limited TO such ms emanntc
from amy indian nation or tribe OF IN
dianS, and the provision ot the
net uf lsSi, Just referred Ia, has
hern reproduced Ia section 2ll6 4. :,
now In force, The last-namcd section
declares that no purchase, grant, lease or
other nNcyanccS of lands or any title or
claim thsrtafl grgAt,a
trihc of Indians shall he OF amy validity
IN law or equity unless the same be made
10y treaty or constitution.
This statutory provision Is very general
and comprehensive, Its operation does
uol depend upon the nature on extent ot
the title to the land which the tribe or ma.
Hon may hold Whether such title he in
Zee simple or right for occupancy,
merely, II Is not material In either case
the statute applies, II Is not, therefore,
deemed necessary or important IN connCc.
ton with the subject under consideration
iu Inquire into the particular right or title
go the aforementioned reservations
held by Indian tribes or nations.
Whatever rightor title there may be to
each these tribes or nations are prccludc,l
by the force and effect OF the statute from
either alternating or leasing any parts OF
their reservations or impartng any IN
tcrcstS or claim IN the same without the
consent of the government OF the tuitcd
States, The lease of land for grazing
purposes Is as clearly within this statute
as any other or for general purposes, aud
the duration Of the term Is immateral.
tine who enters With cattle or other
live stock upon the Indian reservations
under that description made IN violation
OF the statute Is an intruder, and may he
removed thcretrom rs such, notMlth-
standing his treaty with the consent OF
the tribe. Such consent may exempt him
from the penalty imposed ~ see. all5 Il.
- for taking his stock there, hut il can
moi validate the lease or confer upon him
amy legal right whatever Ia remain
upon tho land and 10 this extent
and nu further was the mission Judge
Brewer IN the United States ", Hunter
n fed, rep. tl5.
l'ut the prescnt Inquiry IN substance Is
whether the department OF the Interior