Omaha daily bee., 1895-07-21
SUPPORTS CAPTAIN BECK
States Attorney General Renders an
Opinion for the Governor.
AFFAIRS AT PENDER DISCUSSED
Dawes Act Touching the Subject Declares
that All Contracts Made with Indians
Affecting Lands Arc Subject to
the Governments Approval

LINCOLN, July 20.-(Speelal)-At the re-
quest of Governor Holcomb, Attorney Gen
eral Churchill has submitted an opinion on the
existing condition Of affairs at Pender,
Thurston county. He has also forwarded a
copy of the same to r. G. Strong, county at
torney, at Pender. The opinion quotes
portion OF the Dawes act, section O. as fol-
lows:
"And II any conveyance shall be made
Of the lands set apart and allotted as herein
provided, or any contract made touching the
same before the expiration of the time above
mentioned, such conveyance or contract shall
be absolutely null and void
The time above mentioned is twenty-five
years, during which time the government
holds the legal title in trust for the Indians.
The opinion quotes section g. defining the
rights of citizenship and notes that It excepts
tho operations OF the rights of citizenship
In so far as it affects the rights of such Indians
to tribal or other property. Quoting from the
opinion of the circuit court Of appeals in the
ease Of Beck against the Flournoy company,
he says:
These limitations upon the power Of the
Indians to sell or to make contracts respect
ing land that might be set apart to them for
their individual use and benefit were imposed
to protect them from the greed and superior
intelligence of the white man. Congress
knew that II these wards of the nation were
placed in possession OF real estate and were
given capacity to sell or lease the same, or to
make contracts with white men with refer
ence thereto. they would soon be deprived of
their several holdings
aside from this" continues General
Churchill. ''tt is a general settled principle
OF law that where the statute points out the
doing OF certain thing in a specified manner,
as In this case, under the rules and regula-
tions OF the secretary OF the interior, Is
equivalent to saying that II shah not be
done In any other manner"
The attorney general holds that 1.-The con-
ferring of the right Of citizenship does not
necessarily confer upon them the power Of
disposition OF property contrary to the
statute. 1t Is manifest, therefore, in so far as
the Indian attempts to deal with this land, he
is without power to do so except in the mode
pointed out In the statute, namely. under the
regulations OF the secretary of the interior.
GOVERNMENT THE BOSS.
The jurisdiction. then, over these lands, In
10 far as the acts Of possession and owner
ship are concerned. is In the government
subject only to the right Of the Indian. Any
other party either In possession or seeking
control OF these lands must OF necessity be a
trespasser as against the government. The
exercise Of the right Of the government Ia
dispossess white men seeking TO take posses
sion Of government lands in Indian reserva-
tiOns by force Is too well established in this
country To need discussion From the founda,
tion Of the government il has been done
when in the opinion OF the government II
was a matter Of public policy To do so.
There Is no doubt on the other hand. that
this act confers upon these parties in Other
respects the duties and rights of citizens, and
they are amenable to the laws Of the state
IN all other respects. yet at the same time
they are under the control and management