Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1886-04-10
Satu day, April 10, 1886.

REFERRING again TO the outrage
committed by the Indian bureau,
under the last administration, in set
ting up the Cheyenne Indian reserve
on Rosebud river, near Miles City, we
invite our readers attention to the
wrong inflicted by the government
upon The Northern Pacific railroad,
being a gross violation of right and
law. The executive order, making
said reserve was made by President
Arthur Nov. 26, 1884. The order ig-
nored the rights of the Northern Pa
cific railroad company and worked
detriment to citizens living within
the indemnity limits of the road,
which limits in this vicinity embrace
q considerable portion of the alleged
Indian reserve.
October s and November IA, 1888,
the fifty-mile indemnity limits Of said
road east of Crow reserve, to n consid-
cradle distance, were Withdrawn from
sale, by the general land Office Q3
Stat. 1855, Letter q. l.. o. to Miles
City land office, Oct. s aud Nov. IA,
1881.
The act of Congress making the land
grant to said company (l3 Stat. 367)
says, 1.-THE United States shall extin-
guish as rapidly as may be consistent
with public policy and the welfare of
the said Indians, the Indian titles to
all land falling under the operation of
this act and acquired In the donation
to the road named in this BILL"
General land Office circular, approx
ed by the secretary decisions Sec.
Int. 1874, Vol. p, says, 1.-The intention
of the legislature as manifest ip these
land grant acts must in good faith be
carried out by the land department"
The same circular says. approved by
the secretary. that there is n 'proba-
bility that large proportion Of the
land in the indemnity limits will be
required to satisfy the several grants
in which indemnity is provided"
The secretary dec. 1874, Vol. 2, p.
SLY speaking of the Northern Pacific
indemnity limits says, 1.-THE law gives
(said r. r.. Co. right to acquire title
by selection"
The secretary says (said decision).
at was clearly the intention of the
legislature that within the indemnity
limits fixed by the Northern Pacific
acts the company should have the OPP
portunity to take lands, acre for acre,
for all those lost in place."
We claim that the secretary erred in
invoking said executive order of Nov.
26, 1884, thus setting up "Indian title"
70 lands which said secretary had him.
self declared Congress CLEARLY intend
ed" the said railroad company should
have the opportunity to take, acre
for acre, for those lost in place." Was
this invocation carrying out in good
faith the manifest intention of the
iegislature?" las per declaration
quoted).
The said company of course had
Nov. 26, 1854, no fee title to the odd
sections in said indemnity limits. but
had right to acquire title by selec-
ton" after survey. and should have
had ian opportunity to take lands"
but on that date the said secretary
procured an executive order which for
babe the railroad and all citizens to
enter upon said lands and set apart
the same for Indians notwithstanding
the injunction of the national legisla-
ture to 'extinguish Indian title, etc.,
Are not the several declarations Of
theinterior department quoted incon-
sistent with the exclusion of all but In
dams from said lands? Is the non-
statutory authority Of the President
to withdraw public lands for public
uses competent to set up Indian title
to lands to which Congress "clearly
intended" the said railroad company
70 have q fright to acquire title" and
10 have1an "opportunityto take lands,
acre Tor acre, for those lost In place."
We submit that while there are
other points, even stronger than the
foregoing proving that the interior de-
partment erred ia adding this Indian
reserve to the millions of acres of In
dian reserves In Montana, that the
government cannot show one good
reason why this bar to our develop
ment shall be maintained.
The trial of Nathan Codner for the