Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1897-08-07
DOANE KNOCKED OUT.

the 2uupuW agency SiNuS oouu 10
on again. Agent Doane has seen
fit to again precipi,ate trouble.
Following is "A copy of letter to
Agent Doane from the Office of In
dian affairs. Indians can lease
their lands free from departmental
control, except in special cases,
which the letter explains:
Washington, July 70, 1897.
George S. Doane, Esq, L. S. Indian
Agent, Quapaw Agency, Seneca,
Missouri.
SIR: have your letter of the 18th
instant in which you ask for II con-
struction of the act of congress of
June s, 1897, making appropriations
ETC., for the Indian Department for
the fiscal year ending June 30, 1898,
Public No. -. so far as the same re-
lates to the leasing of the allotted
lands of your agency.
You call attention To the clause
on page II of said Public No. 3, rel.
ativc TO the allottces within the linn
it's of your agency leasing their
lands, and To the clause found on
page % Doth of whick you quote)
authorizing allottecs, generally. to
lease; aud ask if there is not con-
flict and inconsistency between the
two clauses.
Replying thereto. you are advised
that this Office sees no inconsist-
ency or conflict between the two
clauses. The first clause, found on
page IL, authorizes the allottccs ol
land within the limits of the Qua.
paw agency. Except certain classcsl
To lease their lands for the pur-
poses and for the length of terms
therein expressed. This il is held
they may do free from department.
al control. |, then provides that
"whencver il shall be made to APP.
pear to the Secretary of The Int.
"rior that. by reason of age or disa.
"bility, any such allotiec cannot
Improve or manage his allotment
"properly aud with benefit 10 him.
self, the same may be leased in the
"discretion of the Secretary" etc.
That is To say. allottees against
whom no disability exists may
lease their lands free from depart
mental supervision; allottees who
"by reason of age or disability"
cannot properly improve or man
age their lands, cannot so lease.
Lands of such allottees can only be
leased lin the discretion of the
secretary"
The terms age and disability"
would apply to the very young, the
very old. idiots. imbeciles. insane
persons, and such others as would
rightly come under the above dies.
igna,ion. But this showing must
be made to the Secretary of the In
terror. 1t is thought, however. that
in such cases their lands might be
leased just as you have heretofore
been leasing lands under the act of
February ~, 1891, GIG Stats. 10l) and
acts anendatory thereof, Iariicu-
larry the clause found on page 70 of
Public No. 3. The clause then pro-
vides: "All acts and parts of acts
inconsistent with this are hereby
repealed" This. it is thought,
would render nugatory any incon-
sistencies which might be found,
even in the same act.
But, as | have said, as viewed by
this Office, there is no apparent con-
flict between the two clauses. That
on page II refers exclusively TO the
allottees of the Quapaw agency;
the clause on page % refers to allot-
tees generally for whom no special
provision has been made, as il the
case of the allottees of your
agency.
As regards those who fall within
the prohibition as allottces who
cannot lease free from agency su-
pervision, you should continue to
cause leases to be executed in their
favor, under the instructions here
tofore given you, as limited by the
clause found on page 20 of said
Public No. 8 as to length of term. A
separate showing, however, as to
the disability under which the al
lottee rests, should be made in each
case. Very respectfully,
THos. p. SMITH.
Acting C0mt.fiaaioner