Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-06-15
Rv .MoN TANA LoUY GRILL

Rights under provisions Of
treaties negotiated between che
AranahOe and Cheyenne Indians
ana the United States shortly after
the close of the Civil war should
be determined through proper
court procedure. That was the gtst
of the demand made by commit
tees representing the tribes Ia
hearings before the house commit
tee on Indian affairs.
In February, 1910, the COMMITTEES
representing the northern cheyenne
Indians at Lame Deer, Mont, In teSti-
flying before the house committee, re-
-quested that the Arapahoe and Chey-
enne Indians jurisdictional bill be
enacted. The passage OF this Din would
authorize these Indians TO submit their
claims to the court of claims, and for
other purposes.
Besides the fact that during the
early and middle sixties the Araphoe
and Cheyenne Indians occupied vast
territory extending from the Rio
Grande river In New Mexico, through
intermediate states north to North
Dakota and Montana, they also claim
they have royalty rights In gold mined
from properties which were then In
cluded within their domain.
Whatever else the treaties may have
provided, 1t is not understood that oc-
cupancy of land by the Indians was In
itself an admission by the government
that they owned it In fee simple, or
that the federal government executed
q quit claim deed in their favor. The
region was Of such large extent as 70
afford them opportunity and give them
the privilege TO follow the buffalo to
the north in the spring and go back
10 the south with the herds In the
autumn. However. certain rights have
been recognized in the decisions OF the
courts based on the terms OF the agree
ments. including royalties In COLO
mined IN trespaSs on Indian occupied
lands.
Indians Extend Claims
This being the case the Araphoes
and Cheyenne Indians have extended
their claims to include these royalties.
But in q larger sense the United
states acquired title to lands bearing
precious metals IN the purchase OF
Louisiana territory from Napoleon, as
the result Of the coming Of Texas into
the union of states, and the Gadsden |
purchase The extinguiShment OF these
titles did not take place when the /
federal government treated with the
Indians and permitted them TO occupy
land and promised, as the Indians
claim, to pay stipulated sums OF money
at stated intervals.
It is quite clear, on the other hand, !
that the treaty of 1851 recognized the |
title Of the Araphoes and Cheyenne |
Indians to that portion Of Colorado In I
which rich deposits Of gold were there
after found and mined. One Of the /
provisions Of that treaty reads: 'The /
United States bind themselves, to pro
beet the aforesaid Indian nations |
against the commission of all depreda- /
tons by the people Of the United /
States after the ratification OF this I
treaty"
AS a result Of the discovery Of gold /
In Colorado the Indians were driven !
from the precious metal-beartng land. |
Therefore, it was proposed that they |
submit their claim for gold mined and I
In trespaSs contrary to the /
treaty provision to the court Of claims !
for consideration.
Furthermore, the bill provides that /
the provision relating to such claim /