The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-12

ferday that the 'sooners" who made
locations a few months ago on the
asphaltum deposits in the Uncom-
pahgre reservation were making ar
rangements to get an order from the
courts restraining the Indian agent,
Major Brandlett, from interfering with
them in the development of these prop
critics; and it was also stated that an
attempt would be made by these loca-
tors to get a permit from the interior
department to work and prospect with
in the boundary lines of the reserVa-
ton; and it was also intimated that
Senator Arthur Brown was back of this
movement, and that by going to him
the details of the affair could be as
certained.
Acting on this advice a Herald re-
r,orter called on the senator and was
informed by him that he knew of no
such intention, and that even if there
was, that he had not nor would he
have anything to do with it in the
capacity~ of a LAWYER; nor was he in
terested in any way in the matter
other than in the interests of the people
OF the state IN his capacity as United
States senator, and as the representa-
tive of Utah; but" said he, Il am
free to confess that l am of the opinion
that the lands of the Uncompahgre
reservation, or what is called a reser-
walton, are public lands and what we
would call the public domain, as there
has never been any act of congress set
ting these lands aside as a reservation.
In fact. the Indians were intruders On
these lands, as in all right they be-
long in Colorado, and today they should
be living on their real reservation near
Grand Junction. 1t was in 1880, be-
lieve. that the Meeker massacre oc-
Cured in Colorado, and it was the Ute
Indians that committed this aSrocious
crime that are now holding down the
T.compahgre reservation. After the
massacre when the hostile Indians
were surrounded and captured by the
Colorado volunteers, treaty was
made, the lands of these Indians were
purchased by the government and q
reservation was allotted to them where
Grand Junction now stands, at which
place some of tt finest fruits lands
OF the state are now to be found; but
in the removal of the Indians to this
reservation, or their attempted re-
moval. they were forced over the Utah
line at the bayonet point of the
volunteers, and it may be said that
they were unwilling settlers on Uncle
Sans domain in Utah, and for two
years thew remained on what is now
miscalled the UncOmpahgre reSerVa-
ton without the least shadow OF right
or title to the lands. In 1882 President
Arthur by an executive order, with
out any authority from congress. de-
fined the boundary lines of what to
the Indians IS their reservation, but in
doing this there was nothing in the
order prohibiting the occupation of the
land by citizens of the United States
or denying their right to develop its
mineral resources; and it is doubtless
the knowledge of these facts that led
tt the location of the asDhaituD ian
therein by the 'sooners' as some OF
the people here are pleased to term
them. In 1894 congress passed an act
throwing the Uintah and Uncompahgre
reserva tons open to the public under
certain conditions. a commission was
appointed to purchase the lands of the
Tintah Indians il their reservation, for
they owned these lands; but the IN
compahgre Indians were to be allotted
lands in their reserVa ton, and, what
is more, they We're to be obliged to
pay for the same the same as any
other settler at the rate of S1.25 per
acre which proves beyond a question
of doubt that the Indians never had
any right TO them or any title to the
same from the government. A treaty
viii have to be made with the Uintahs
before the Uintah reservation can be
thrown open to the public; but with
the UncomDahgres il is different, as
they are really intruders, and it is
only by the grace of the government
that they have been allowed TO remain
where they are for so long a time. The
war department is the only branch of
the government that has recognized
the right of the Indian to remain on
the lands of what is now termed the
Uncompahgre reservation, but the war
department has not the right to give
away the lands of the United States
as this power is vested only in con-
gress.
Il wish it to be clearly understood"
continued the senator, that 1 am not
personally interested in these as
phaltum deposits excepting that I am
pledged to do what I can to have these
lands thrown open to the public 1 be-
lieve that they are now open for min
era1 entries and I shall do what / can
this winter 10 have them opened for
settlement SO that there will be no
question of doubt about the matter
I believe that 1 did say in a private
conversation that the Indian agent
could be restrained from interfering
with the development of the asphaltum
and other mineral deposits on this So