The Progress. [volume] (White Earth, Minn.) 1886-1889, 1888-05-12
About Indian Land and Timber.

About Indian Land and Timber.
Decision rendered by the U. s. snnrenne
Court. Wallace 10. United States vs.
Cook.
lst. Timber standing on lands oc.
cupied by the Indians can not be cut
by them for the pourpose of sale alone;
though when it is in their possession
having been cut for the purpose Of
improving the land that is to say
better adapting it to convenient occu-
patton, in other words, when the tim
Der has been cut incidently to the i'm,
provement, and not for the pourpose
Of getting and selling it, there is no
restriction, on the sale Of it.
End. The Indians having only right
of occupation in the lands, the pre-.
sumption is against their authority to
cut and sell the timber. Every pur.
chase from them is charged with no.
tlce OF their presumption. 10 main.
tain his title it is incumbered on him
to show that timber was rightfully Sc
vered from the land.
3rd. The United States NAV main
tain an action for unlawfully cutting
and carrying away timberfrom public
lands.
On certificate of division in opinion
between the Judges of the Circuit
Court for the Eastern District of Wis.
cOnsin.
The Menomonee Indians by agree,
nent and treaty, negotiated on the
3tl. and 18th. of February, 1881. set
part and coded to the United States
certain of their lands in Wisconsin as
home for such of New York Indians
US might remove to and settle upon
Them. AS the lands were intended
for home for the New York Indians,
It was provided that the President
should prescribed the time for the re.
.noval Of the Indians to and settlement
1pon them. and, at the expiration OF
he time, apportion the lands among
he actual settlers in such name
Us he should deem equitable and Just.
If within the time prescribed they re.
fused to accept the provision OF tn
treaty made for their benefit, or, hav.
.ng accepted refused to remove from
New York and settle on the lands.
then the lands were to be and renal,
The property of the United States.
1t was also distinctly undertook;
hat the lands coded were to be hello
W the tribes Of New York Indians
'nder such tenure as the Menomonee
aeld their lands, subject to such regu
iations and alterations of tenure a.
Congress and the President might dir
2ct. For this cession the United
states paid the Menomonees S &c, OO(
On the Bird. of February 1888, the frs;
Christian and Orchard parties of tn
oneida Indians, to whom a part of tn
.lenomonee cession had been appor.
Toned, coded to the United States al
he lands set apart to them, except
;ract containing one hundred acres TO
each Individual, or in all about $500
lcres, which they reserved to them
selves, to be held as other Indian lands
ire held.
Of this tract some three or four
thousand acres have been occupied
md cultivated as farming lands by in.
lividuals Of the tribe in severalt.
With the consent of the tribe. Many
If the Indians, including most of the
7oung men, do not cultivate any OF
he lands as their own. A small nun.
Der Of the tribe cut timber from a
part of the reservation not occupied:
N severity, and made it into saw-logs
which they removed and sold to &
certain George, Cook.
The United States brought this &C.
lion of replevie against the said Cook
% recover possession of the logs, and
pom trial in the Circuit Court the
-acts here stated were established BIZ
W the testimony; and, in addition,
violence was offered tending to prove
hat timber on the reservation had
oeen cut and sold by the Indians OF
he tribe continually since 1881, with
he tacit consent Of the officers Of the
tribe.
Upon this state of facts the council
If the United States asked the court
20 instruct the jury that the action
could be brought and maintained, up
IN the question of giving this instruc-
zion the Judges were divided in opin-
on, and it was certified to this court
sor decision. -