The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1885-07-10
TElEaRAPHlc DISPATCHES.
WASHINGTON aEws.
AN APPEAL FOR THE INDIANS.

AN APPEAL FOR THE INDIANS.
WASHINGTON, July 5.-Secretary Lamar
has received q letter from General McCook,
ex-governor of Colorado, relative to the
power of the government to prevent illegal
occupation of lands ON an Indian territory.
The writer asserts that the law declares that
the secretary of the interior has full control
of all Iadian affairs, under the laws, subject
to direction by the president; that certain
contracts may be made by individuals with
Indians relative to services in procuring the
payments of claims, but no authority ex-
lists for making contracts of any other ma
ture, and if made they are null and void;
that no purchase, grant, lease or ether con-
xeyance of lands, or of any title or claim
thereto, from any Indian nation or tribe OF
Indians, shall be of any validity in law or
equity, unless the same shall be made by
treatv or convention, entered into pursuant
to the constitution; that only the United
States can make any contract with an In.
dian nation or tribe, whether by purchase,
lease or otherwise, and the United States
can do SO only by formal agreement; and
that the president may employ the military
to remove trespassers from the Indian
lands.
General McCook substantiates the above
points 10y citations from the revised stat
utes, ard declares that the United States
can m IKE agreements respecting Indian
Lands ouly with the Indians themselves,
and not with third parties, and only with
the Indians by agreement ratified by con-
gresa
Notwithstanding the positive prohibitions
of the law against the leasing or conveyance
of lands by Indian tribes, much of the laad
in Indian territory set apart for exclusive
occupation, General McCook says, are in
possession of white men, under ileases from
the Indiana, who had no power to lease,
and with the tacit recognition of the mte-
rior department (under former administra-
tion), which he believes had NO power to
ecognize or assent to any such lease or pos.
sessions.
The spirit of long and eloquent appeal
with which the latter concludes is contained
in the following quotation: being as the
leases unauestionably are, wholly unathor-
lied and illegal, as we'll a. improvident,
should there be an instant's hesitation in
dispossessing them, and in the summary
exercise of all the power and authority OF
the government In dispossessing the hold
ers under them:"
BAD NEWS FOR LAND GRANT ROADS.
WASHINGTON, July 6. - Commissioner
Sparks, of the general land office, is to-day
reported to be ~orkiug out the details of 8
land order, which will, if promulgated,
create a sensation among land grant rail
road officers. 1t is nothing less than th'
overthrow of the indemnity land system, by
the operation OF which it is charged that
settlers have been largely injured, and rail
roads correspondingly benefited.
The nature of previous bureau rulings
which the commissioner proposes to modif
or rescind, can be illustrated in the case o
the Atchinson, Topeka and Santa Fe rail
road, which last year was compelled, upol
appeal OF the state OF hauSaS, 20 surreuue
over 100000 ocres of land that had beer
set aside for it as indemnity or shortage il
the land area granted to that road. 1t
charged, for instance, that lands are unjust
lyswithheld from settlement by allowing
roads to file maps, and. then to seek othe
and more favorable routes. The land owe
which later maps are made may have larg
number OF settlers thereon. Many Of thes
are threatened with ousting, on one technic
ality or other, and the roads claim indemnit.
for all losses by acceptance Of settlemen
rights. The practice has been to grant in
demnity without regard to safe guard o
time. It is now proposed to- make genera
in their application the rules laid down il
the Kansas case referred to.
It is understood that the Northern Pacifi
is especially aimed at in the expected order
This route in Washington territory has sew
eraltimes been changed and modified, and
) large number of settlers are interested i
resisting the corporations claim to inden
nifty.
CHOLERA IN FRANCE.
WASHINGTON, July 6.-The United State
consul st Merseilles has informed the depart
ment of state that cholera has again appear
ed IN that city and in Toulon. A gener'
exodua from Merseilles has begun. He n