Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1891-05-28
SETTLERS SECURED.
A Decision From Headquarters Re-
specting Rights of Reservation
Settlers.
Where They Have Taken Land and
Improved 1t No Indians Can
Step in.
Something That Will Prove Valuable
in Preventing Future Com
plicatiOns.
Plats of the Land West Beginning to
Arrive-Ready for Filing
June 20.

Twenty plats Of townships west of the
river were received at the land office this
week. and will be ready for filing by June
20 and 25 The pats cover land in
Stanley, Nowlin and Sterling counties,
and are described as follows, north and
east Of the Black Hills principal meridian
and base line: Ranges 90, 90, %, "a,
! townships; 4; ranges 10, 20, 90, "a, 25, 26, 81,
2s, 49, 80, 81, township S; ranges "a, 25, s6,
81, %. 90, 30, 81, township6; ranges 90, %,
"a, township2.
This will be great convenience to set
tiers who have located on these lands, as
when these filings are in no further con-
test can be made though squatter's
rights, being regal d. d as secure, are not
always so. Other platS are on the way,
and will soon be received at the land
office.
The way of the settlers seems to be
coming more sure, from the above fact,
and also from the following important
| decision, which protects the white set
| tiers against the encroachments of Indian
claims TO the lands that have been held
and improved. The opinion is rendered
by the assistant attorney general of the
United States, and was received at the
land office about the same time as the
plats above referred to:
The Honorable Secretary of the Inter
ior, Sir: have the honor to acknowl-
edge the receipt. by reference from the
Honorable Acting Secretary Chandler, Of
report from the Indian office, dated the
5th inst, upon the following question,
submitted by the general land office,
namely:
"Are Indian parents allowed to select
land within the ccded portion of the
Sioux reservation for their children, on
which, after Feb. %, 1890, ns9l) white set
tiers had established residence and made
valuable improvements, previous to date
OF such selection. An early answer will
prevent serious complications
BY said reference my opinion is re-
quested upon the question herein pre-
sented.'
The Indian Office quotes the decision of
Acting Secretary Chandler, under date of
April %. 1891, concurring in the recon-
mendations OF the Indian office, dated
April 27, same year, and holding that
(Press-copy "a" page 1T, Ind. Div.)
LAS some of the Indians residing on the
ceded lands at the date on which said act
took effect may not have had knowledge
of the notice of Feb 49, 1890, and as they,
under the law, may have, within one year
| after they have been notified of their
right of option, the allotment to which
| they would be otherwise entitled on said
separate reservations, l am of the opinion
that said Indian who shall satisfy the al
loting agent that he was residing on the
ceded lands at the date the act took eff
feet, and has continuously lived thereon
since that time, and has had no personal
notice of his right, may have allotted to
him the lands where he has so continued
to reside, provided there be no legal ad-
verse claim thereto; and If there should
be an adverse claim, said Indian NAV
have allotted to him other lands within
said ceded tract.
"1n all such cases you will allow him
to exercise his right"
Under said decision, the Indian office
holds that "An Indian could not select
tracts for allotment to his minor children,
after Feb. %, 1891, to which legal adverse
claims had attached, but he could make
selections for them upon other land with
in said cedpd tract where no legal adverse
| claim existed"
There can be no question, I think, that
no one, whether Indian or white man, can
select or appropriate any part of the pub
lie domain ito which legal adverse claims
had attached" prior thereto.
In an opinion rendered by me on Feb
ruary 26, 1890, (Press copy vol. 4, pages 22A
-242 concurred in by the attorney gen.
eral. 40 Op., 51D it was held that it is the
duty Of the government to protect the In
dian allottees in the enjoyment OF their
allotments under said act of March 2,
1889, (25 Stats. 99S), and In the discharge
Of that duty the military forces of the
United States, may, If necessary, be en-
ployed by the president for their protec-
tion.
But 1t is equally true that it is the duty
Of the department to see that the legal
adverse claims of bona fide settlers upon
the ceded tracts shall be protected, and
that the selections for the Indian children
shall be made upon lands subject thereto
which have not already been legally ap.
propriated. 1t would seem almost 8
waste of time to cite authority for Sc
plain a proposition. Reference, however
may be made to the following cases