University of Oklahoma College of LawUniversity of Oklahoma College of Law Digital CommonsAmerican Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-18991-7-1892Letter from the Secretary of the Interior, withinclosures relative to the necessity forCongressional action for the disposition of timberon certain reservations in Wisconsin.Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialsetPart of the Indian and Aboriginal Law CommonsThis Senate Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has beenaccepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administratorof University of Oklahoma College of Law Digital Commons. For more information, please contact darinfox@ou.edu.Recommended CitationS. Exec. Doc. No. 16, 52nd Cong., 1st Sess. (1892)52D CONGRESS, } 1st Session. SENATE. LETTER FROM { Ex. Doc. No. 16. THE SECRETARY OF THE ·lNTERIOR, WITH INCLOSURES Relative to the n~cessity for Congressional action for the disposition oj ·timber ,on certain reservations in Wisconsin. JANUARY 7, 1892.-Referred to the Committee on Indian Affairs and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, January 5, 1891. SIR: I have the honor to transmit herewith copy of a communication of 28th ultimo, and its inclosure~, from the Commissioner of Indian Af-fair8, relative to the necessity for Congressional a('tion for the disposition of timber on certain Chippewa reservations in the State of Wisconsin. The matter was the subject of correspondence with the last Congress, a,s shown by Senate Ex. Doc. No. 23, Fifty-first Congress, second ses-sion, herewith. The Commissioner states that it is very desirable that this timber, the value of which is estimated to be about $G15,000, should be marketed tor the benefit of the Indians, and suggests amendment to last clause of section 5 in proposed bills, heretofore submitted. In view of the destitute conditiOn of these Indians, I have the honor to recommend that this matter receiYe the early and favorable consid-eration of Congress. I have the honor to be, very respectfully, The PRESIDENT OF THE SENATE. JOHN W. NOBLE, Secretary. DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, Decernber 28, 18.91. Sm: Referring to office report of November 25,1890, inclosing drafts of two bills to be transmitted to Congress for its consideration, by which plans were proposed under which timber on certain lands reserved for tbe use of the Chippewa Indians of Lake Superior, \Vis-com;;in, could be sold for the benefit of said Indians, I have the honor to trausrnit herewith two copies of Senate Ex. Doc. No. 23, Fifty-first Congress, second sess.ion, in which is priHted the said report of this office, your report of December 18, 1890, to the Presideut, and the 2 DISPOFHTION OF 'I'Il\:IBER ON INDIAN RESERVATIONS. PreHideut's message to Congress on tlle subject, together witll the two bills I inclosed and ot4er correspondence relating to the matter. No aetion WetS taken by the last CongreRs upon these measures, a11d as it is very desirable that this timber, which is estimated to amount in value to about $615,000 as it stands, should be marketed for the benefit of the said Indians, I have the honor to recommend that the at-tention of Congress be again called to the matter, witb the request that Home action be taken thereon. Upon 1·ereading the proposed bills it occurs to me that the last clause of section 5 in each, prohibiting the sale of timber by Indian allottees until certain rules and regulations shall have been prescribed awl promulgated by the Secretary of the Interior, should be amended by adding thereto the words "and ex(·ept in accordance with such rules and regulations," l::W) that the last clause will read as follows: It shall be unlawful for any person to eontract for or to purchase pine timber fi·om any lanus so allotted in severalty to Indians until after sur-b rules and regu-lations Rhall have been made and published Ly the Seeretary of the Interior, and •except in aecordauee with such rules and regulations. In view of the rlestitute condition of the Indian::; on the 1·eservations to whidt this proposed legislation relates, 'efforts have been made to secure the sale of the dead and down timber thereon for their be11etit, under the act of February 16, 1889 (25 Stats., 673), and in accordance with that act the President granted authority Odober 4, 1890, there-for, and prescribed regulations under which the sale 8houhl be coH-dueted. These regulations anticipated the sale of the timber to the highest bidder who ··would enter into contract therefol'. 8aid regulations were transmitted to tl!e agent with a letter of Octo-ber UJ, 1890, with instructions to call for bids, a~ provided therein, by advertising in eertain papers at tl1e points where the best markets for logs existed. From corresvondence on file in this office it appears that in view of the scattered condition of the dead and down timber on these reserva-tions no bids were received for the l)Urchase of the same under this authority of the President, for the reason that it would not pay to log only the timber authorized to be cut under the act referred to. Under date of August 26, 1891, Inspector :Miller reported that a large quantity of timber on the Lac du Flambeau Reservation had been killed, or injured so that it would die, and recommended that this Department take some action looking to the marketing of the same, so as to give some relief to the Indians of that reservation, who, he stated, were in a most destitute condition. 'rhe plan proposed by Mr. J\Iiller was for this Department to fnrnisb the money to purchase teams and supplies necessary to enable the Indim1s to do the logging themselves. In view of the fact that there were no funds available for such pur-pm:;e, the agent was communicated with and directed to r<>port whether he thought the timber could be dispo:-:;ed of under the plan proposed lmst Henson, considering the increaseer depredations upon the reservations, for which depredations step~ were then beiltg taken to bring action in the United States court. It will be seen that the Departme11t has made every effort to dispo~e of Rnch timber on these reservations as can be disposed of under e. ·i~ting law, with a view to relieve the destitute condition of these liuliaus, and has failed for the following reasons: FirRt. It is claimed that the dead and down timber can not be 4.Wonom-ically and successfully handled apart from the growing timber. Second. The bids received were too low. The highest bicl was snb-mith·d by a person implicated in acts of trespass or depred.atious upon the timber of one of the reservatiow:;, and for that additional reason wai:i not favorably conf:lidmcd. Thi~ ~tatement is made in order to show the necessity for some actio11 heiJtg' taken by CongrPss under which this timber eau be sold for t.lte hcneiit of the Indians, who are greatly in need of subsistence and oU1er thing-s necessary for their comfort and civilization, for the purchase of which things they have no treaty or other funds belonging to them. V cry respectfully, your obedient servant, The SEURETARY OF 'l'llE INTERIOR. R. v. BEL'l', Acting Commissioner. Senate Ex. Doc. No. 23, Fifty· first Congress, second session. Jle.~sage front the Pret;ident of the United States transmitting letter of the Secretary of the Interior relative to the disposition of tirnber on certain Indian reservations. DECEl\IBlm 22, 18!JO.-Read, referred to the Committee on Indian Affairs, and ordered to be printed. To the Senate and House of Representatives: I transmit herewith a Jetter of the 18th instant from tbe SecrPtary of the Interior in relation to the di;.:;position of timber on certain Chip-pewa reservations in Wisconsin, together with copies of papers relat"-ing thereto. 'rhe matter is presented for the action of Congress. BENJ. HARRISON. EXECUTIVE .1\fANSION. December 22, 1890. The PRESIDENT: DEP .AR'I'l\IENT OF THE INTERIOR, Washington, December 18, 1890. I have the honor to submit herewith copy of a communication of 25th ultimo from the Commissioner of Indian Affairs, in relation to the dis-position of timber on certain Chippewa reservations in Wisconsin. With this communication is a draft of a bill (No.1) prepared by the C(lmmissioner of Indian Affairs, which embodies substantially tlJe J,rovisions of tho three bills referred to in Senate Report No. 2710, Fiftieth Congress, second session, and a draft of a bill (No. 2) pre-pared by the Commissioner, which is similar to that enac~ed for the Menomonees (26 Stats., 14fi.) The Commissioner expresses a preference for bill No. 2, tor the rea-son the Chippewas are as capable of performing this work as the Men-omonees. but nays if Congress decides in favor of the other it will be acceptable to his office. As some disposition of this matter seems necessary, I have the honor to recommend that these hills be transmitted to Congress with request that one of them receive favorable consideration. l have the honor to be, Very respectfully, your obedient servant, 4 JOHN W. NOBLE, Secretary. DISPOSITION OF TIMBER ON INDIAN RESERVATIONS. 5 DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, Washington, November 25, 1890. SIR: During the Fiftieth Congress the Senate Committee ou Indian Traders made a· thorough investigation-into the methods · of allotting lands in severalty to India-.s upon the Lac Court Oreillcs, Lac du Flambeau, Bad River, Fond du Lac, and other Jndia.n reservations in the northern portions of Wisconsin and Minnesota, and into the system under which Indians to whom lands have been allotted are allowed to sell the timber thereon. On the lOth of August, 1888, the committee adopted the following resolutions: (1) That no sale of pine timber from the Bad River, Fond du Lac, Court Oreille, or Flambeau Reservations should be a1lowed to be made by any Indian before his allot-ment of land in severalt.y has been formally approved by the President., and the al-lottee so notified; nor before such notice should any negotiations be allowed with any Indian for such sale. (2) That no further sales of pine timber from allotted lands should be allowerl until after rules and regulations, specifically and accurately detining and prescribing the terms and conditions of such sales and adequately protecting the Indians both dur-ing the making and the performance of the contracts ancl in the disposition of t.he money received from such contracts, have been adopted by the Secretary of the In-teriOI' and publicly promuJgated. (3) That the pine timber remaining on the reservations, upon lands not a1lotted to Ind1ans in severalty, whenever it is expedient to sell the same, should, if it may lawfully be done. be sold by the Government under law or suitable regulation, and the proceeds held in trust for those members of the various tribes who have not re-ceived allotments in severalty of pine timber lands, or otherwise held and disposed of as may be legal or equitable. (4) That no furt.her allotments of lands in severalty should be made to the Indians except where the allottee desires and intends to make his home upou the land allotted to him, or to cultivate the same or nse it for grazing purposes. (S. Report 2710, Fiftieth Congress, second session, page 47.) Bills were introduced in the Senate, ''regulating the purchase from Indians of timber upon certain Chippewa reservations in Minnesota," "to authorize the sale of timber on certain lands reserved for the use of the Chippewa bands of Indians in the States of WiHconsin and Minnesota," and "regulating the allotments of lands in severalty to Indians," which bills embodied substantially the views expressed in 1he foregoing resolutiOns. The bills were reported to the Senate and placed upon the Calendar, but 110 further action appears to have been taken. Tlte matter has not been considered by either branch of the present Congress. March 2, 1889, the President revoked the authorit~ theretofore given for allotments on the Chippewa Reservations in Wisconsin, upon the recommendation of this office, made upon the grounds that said reser-vations were chiefly valuable for the pine timber thereon, the allotment of agricultural and grazing lands only being contemplated by the act of February 8, 1887 (24 Stats., 388). June ~1, 1889, report was made upon certain recommendations for t.he appointment of a special agent to make allotments on the reservations attached to the La Pointe Agency, in which the following opinion was expressed by the Acting Commissioner: In my opinion some method for the disposition of the timber and the equitable dis-tribution of the proceeds thereof among the Indians should be provided uy Congress. But should it be deemed best to make the allotments, they should be made under the provisions of the treaty of September 30, 1854 (10 Stats., 1109), as has heretofore been 6 DISPOSITION OF TIMBER ON INDIAN RESERVATIONS. don!' on n11 the La Pointe resenTations, except tbe Grand Portage and Bois Fort, to the end t liM the a1lot.tees may dispose of the timuer nuder more strin~ent rult·s aue left for the further consideration of CongresR, since a com· mittee of tlJat l>ody, after an exhaustive investigation, had snl>mitted recommendations on the subject, which would thereafter doubtless re-ceive attention and consideration. !Juring the summer of 1889 representations were made to this office by the agent in charge of the La Pointe Agency, and others, tha-t tlte Indians were anxious to have th~ir lands allotted, and to be allowed to dispose of their pine timber, and that unless they should be permitted to do so mur.h suffering would ensue. This office accordiugly, on August 13, 1889, recommended to the Department the adoption of cer-tain rules and regulations under which allottees might be allowed to dispose of their pine timber. These rules were framed, as far as practicable, in accordance with the views of the Senate committee, aud were intended to protect "the Indian both during the making and tile performance of the contracts, and in the disposition of the money received from such contracts." These rules and regulations were laid before tile President for his consideration, but were returned to the De.partment in :March last with-out action. September 23, 1889, you decided that the treaty of September 30, 1854, was not repealed, changed, or modified by the act of February 8, 1887. Jnly 26,1890, Bon. Myron H. :McCord addressed a communication to this office, in wllich he suggested that the interests of the Indians at the La Pointe Agency would be best promoted by allowing them to dis pose of their remaining pine timber at public or private sale under such regulations as the Department might prescribe. He stated that fire and the elements were constantly destroying the timber, and expressed the opinion that the Indians slloul acres of tillable laud in all the La Pointe reservations out of 537,836 acres, including the Grand Portage and Bois Fort Reservations. According to the statistics fumished by late Agent Gregory in _1888 the quantity of tillable land in the several reservations is as follows: Reservation. -Acres. .Acres. Retl Cliff.. .......................................................................... 300 11,457 Bad Ri¥Pr . ... . . . ..... .•.. ... . .. . . . . . . . . .•.• •• . . .. .. . . ..•. ...... •••.•... .. .••.••. .• . 12,000 97,688 Lac Court Oreilles.... .• . ... . .. . . . ...... ...... ...•..•.... .•. . .. ......... .. .•...... . 1, GOO 31, Ot:6 Fond duLac....................................................................... 600 92,3'6 LacduFiambeau................................................................... 50 62,817 Total . . . . . . • • . . . . • • • • . . • . • . • . • • . ••• • • . •• • • . ••• • • • . • • . . . • • . . . • . ••• • . • . • • .. • • . . . 14, 550 J295, 38' This estimate is believed to be approximately correct. • It will be seen that with the exception of Bad Rive1· the several reservations are nractically devoid of agricultural lauds. DISPOSITION OF TIMBJ~;R ON INDIAN RESERVATIONS. 13 Tl1e nrt of Febrnary 8, 1~~7 (2·1 Stnt'l., 388), antlwrizes the PresiclE'nt to rnll'~c lnn) That no furtller allotments of land in severalty should be made to the In-dians except where the allottee desires and intends to make his home upon the land allotted to him, or to cnlt.ivate the same or use it for grazing purposes." Bills were introduced in the Senate embodying these views, but no final action was taken thereon. In view of the character of the reservations, the foregoing views of the Senate com-mittee, and the fact that if the lands are allotted under the act of 1887 the allottees can flerive no benefit from the sale of the timber for at least twenty-five years, it ·wonlcl not seem wise to make the allotments nnder said act. Most of the timber on these reservations has no doubt reached its maturity and is dett"riorating in quality. In my opinion some method for the disposition of the timber and the equitable dis-tri bntion of t.be proceeds thereof among the Inrlians should be provided by Congress. But should it he deemed best to make the allotments they should be made nnder the provisions of the treaty of September 30, 18f>4 (10 Stats., 1109 ), as has heretofore been tlone on all tile La Pointe reservations except the Grand Portage and Bois Fort, to tl.Je end that the allottees may dispose of the timber, under more stringent rules anrl regulations than have heretofore been enforced, rather than under the act of February 8, l!:l87, as nuder that act the allottees can not dispose of the timber. (Uuder tile treaty of 1854 the President is authorized to issue patents with snell restrictions as to the power of alienation as he may see fit to impose. All patents heretofore issued nuder the treaty llave contained a proviso that the patentee and his heirs shall not sell, lease, or in any manner alienate the land witllout the consent of the Presi-dent of the United States.) However, I deem it proper to state in this connection that in most cases where lands, chiefly valuable for timber, have been allotted to Indians, experience has shown that after the timber has been removed, the lands not being adapted to agriculture, the Indians l1ave l)ecome a charge upon the generosity of the Government. The ~:~a me remark is true as to agricultural lands allottee! with the power of aliena-tion, and *'o some extent where re~:~tricted power of alienation is prescribed, as in the trenty of 1854, above referred to. Hence, I think the whole matter should be left for tl1e further consideration of Congress, since a committee of that body, after an exbanstive investigation, has submitted recommendations on the subject, which will no doubt hereafter reeeive attention and consideration. lf, however, it shonlcl be decided, notwithstanding the foregoing, to make allot-rnrnts utHler the act of 18tl7, I do not know of any objections to the appointment of Mr. Reynolds, concerning whom 1 know nothing beyond what is contained in the in-closed papers, which indicates that he is competent to do the work. I, however, donbt the policy of selecting agents to make allotments of lands to Indians from the immediate vicinity of the reservation to be allotted. However upright a man may be, 'and however sterling his integrity, be is neces-sarily intlnenced to a greater or less extent by his surrounding~ aud associates. The a(('t>nt who may make allotments to the Indians on the Chippewa reservations should especially be free from such influences. Smce writing the foregoing ex-Govdrnor T. C. Pound and Hon. M. H. McCord bave informed me that it is a mistake to suppose that all the pine lands in these res-14 DISPOSITION OF TIMBER ON INDlAN RESERVATIONS. ervations are not adapted to agricultural pu;rposes, and suggests tbat as the allot-ments have proceeded so far, it might be well to complete them. Very 1·espectfully, your obedient servant, The SECRETARY OF THE INTERIOR. R. v. BELT, Acting ConwtissioueJ·. DEPARTMENT OF THE INTERIOR, 0FFICF: OF INDIAN AFFAIRS, Washington, August 13, 1889. SIR: I am in receipt of a communication from Agent Leahy, of tlle La Pointe Agency, "\Vis., dated Jnh 24, 1887, in which he tramunits a peti1 ion from the chiefs and principal men of the Bad River Indians, aRldug permission to sell their pine tim her, no white men to be allowed to wm'k on the reservation, except as they may d•'sire. Also a pet.ition of applicants for 80-acre allotments, asking that their applications be granted and an allotting agent sent at an early day. Agent Leahy Htates that the importance of having tl1ese matters settled at once is obvious, and says: "Heretofore contracts for the sale of timber have been executed, advances made by the contractors to the Indians, and Jogging operations actually begnn be foro either the allotment or contract bad received the approval of the Indian Office. From the experience of last winter the loggers and jobbers have learned that this course will no longer be permitted by the Indian Department. ''Desirous of avoi(liug the complications growing out of the irrPgnlar methods pur: f1ned heretofore in the prosecution of JumlJering euterpris<'s on the Indian reserva-tions, the contractors will have nothing to do with Indil~n contracts for the Haln of logs or stumpage until all the prerequisites of the Indian Oft:ice have been fulfilled. "Heretofore tht~ In(lian bas obtaineth of September. ''All contracts for the sale of Indian timber should be approved prior to this date; thosP. approvey urge npon the agent the neces-sity of having allotments made and contracts approved in seaRon for next. winter's operations. They Hay that if the cutting and sale of timber on the reservations be suspended they will have nothing to do next winter and many of them must snffer for foocision thereon has been communicated to it. During the present Congress no bills have been intrl)duced, so far as I am awart'l, in regard to this mat-ter, and there is no probaoility that any action will or can be taken at either the present or next session. In the meantime the Indians are asking that their selections ~e approved and allot ted. In au opinion rendered in response to a request from the Department, made SPp-tember 23, 1889 (9 L. D., 3U2), the Assistant Attorney-General clearly indicates that tlle treat.y of 18f>4 with the Uhippewa Indians is still in force, and that allotments may be made thereunder as before tbc passage of the act of Ul87. As ant.bority for making allotments Oil tllese reservations nuder tlle act of 1887 was revoked by the President March 2, lt389, n pon recommendation of the Department, which held that the lands were not subject to allot.ment under that act, I think tlle Indians should be allowed to exercise their right of selection under the treat:v. I have therefore directed the agent to submtt to this office scbednles of such selec-tions as have bet'n made on the several reservations, except the Pond duLac, which is indnded in the Chippewa agreements, that tlley may be laid before tho Depart-ment in the usual manner. I also have tbe !Jonor to recommend that tbe rules submitted to the Department on • August l:~th last be again laid before the President for his action. The matter should lle determinetl at as early a day as possible. Very respectfully, your obedient servaut, The SKCRETAHY OF THE INTEIUOR. MEMORANDUM. T. J. MORGAN, Commissioner. OCTOBER 14, 1890. SIR: I have looked over the papers and report~ made by the In~iau Office submit-ting to yon regulations recommended for adoption, for the cutting and sale of green timber from the allotted lands of the Indians on the Bad River, Lac Court Oreille, antl Lac dn Flambeau Reser\'ations in Wisconsin. I find upon examination of the rules suggested, that it is provided therein that all coutracts should be tiled with the In1lian agent in time for their rPceipt in this office on or before the 15th of September. lt is now near the middle of October, aud I think it is too late for the Indians to enter upon this bnsiness of contracting for the sale of their green pine timber from their allottetllands during the present season so as tn have it conducted in a manner sathda ·tory to this office, ard as to results for the Indians, and I hardly think it would be wise to proceed at this late date on the plans proposed, even if they were entirel.v free from objrction otherwise. I Lave great delicacy in submitting any objections to the rules and regulations pre pared by the Commissioner of Indian Affairs, who has given this matter very careful consideration, but I am imprcs:;ed with tho heliefthat it will not be safe or for the oest interests of the Indians to allow them to enter into contracts with lumbermen for the sale of their green timber from their allotted lands in the manner proposed. lt is true the regulations prescl'ibe that the price to be agreed upon shall be satis-factory to the Indians allll 1 be Indian Office, but there is no certain means of ascer-taining whether snell price it~ the just and fair value of the timber which may be covered by such contracts, nnless its quantity, quality, and location as to nearness and access to railrontls or driving streams and estimated val nation are first ascertained. The proper m0t.l10cl of dohJg this, it seems to me, would be as suggested by your predecessor, Mr. Vila!-l, in his annual report for 1888, in the following suggestions: "First. The amou11L of timber to be cut on any reservation during a stngle season S.Ex.16-2 18 DISPOSITION OF TIMBER ON INDIAN RE~ERVATIONS. shonla hf' fir~t rletcrmined from a con!'liderntion of the entire amonnt estimated tore-maiu npou it, 11w JJHIIIIJcr of I11diaus likely to" 01 kat the bnl'1i1H'Ss if opportnnitv be afforded at fair prices, awl tLe economic circnn stan('es afl'ec:ting tlw operation of logging, especially the location of tl.Je timber with refereuce to its being taken to market. "Second. A competent estimator slwuld b~ employed to estiu ate tht> qn:mtity a:ad quality of timber on each allotment, and its si tuatiou and qumn ity in gronps suitable for proper ·working together, anil a report of this shoulr the pro-visions of this act, or under any law or treaty, and every Indian born witltin tl1e ter-ritorial limits of the United States who has voluntarily taken up, within ~wid limits, his residence separate and apart from any tribe of Indians therein, and l1as adopted the habits of civilized life, is It ere by declared to be a citizen of the United States, and is entitled to all tl.Je rights, pl'ivileges, and immunities of such citiz.c>n~;, whether said Indian hafi been or not, by birth or otherwise, a member of any tribe of Indians within the Territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property." The allotrnPnts made to these Indians are inalienable without the consent of the President. The treaty of 1!;54 provides aA follows: "And the Presil1ent may, from time to timn, at his discretion, can8e the whole to be surve~ed, and may a~sign to each bead of a family, or single person over 21 years of age, eighty acres of land for his or their separate use; aml he may at his discretion, as fast as the occupants be-come capable of transacting their own affairs, issue patents therefor to snch occu-pants, with such restrid.ions or the power of alienation as he may see fit to impose," and the patent issued therefor cont,ains the stipulation that "said [name of paten-tee] and his heirs shall not sell, lease, or in any manner alienatA said tract without the consent of the President of the Uniterl States." I think, thereforP., the status of these lands is such that the Indian citizens who have received pa.tents or whose allotments have been approved by the President are DISPOSITION 01" TIMBER ON INDIAN RESEHV ATIONS. 19 still undPr the supervision guardianship of this office as to everything tl1nt. pertains to their realty until the restriction as to alienation has been removed, arHl I think, there-fore, it is competent forth is office to make the nece~;sary examination atl to llw condrtion of tile timber 11pon their allotments, and to advertise for its sale if such sl,all uo found to ue 1or tlw J,ef:lt interests of these allottees, and to devote the proceeds p{' the sale of such ti:nuer to s~:rh use as shall be found most bl'ueficial fur tile allottees. In order, howevn·, that no 111istake be made, it would perhaps be wise to secure tho consent of the inc1ividnal allottees to the disposition of the Limber on their allotments, under t,be man:1gement ot' the Indian Office. These lill),m1·stions, however, unless others are made, will leave you as much em-barrassed a~; evEir, as they practically provide for no present relief to these Indians, who are said to be needing work of this kind in their logging business to prevent starvation among them during the coming winter. As a. measure of relief for them I would suggest that as every allotment has, it is presumed, a considerable quantity of dead and down timber upon it, the Indian allottee should be informed that he is permitted to cut all such dead and down tim-ller and to prepare it and put it upon the market himself by his own labor, or with thA assistance of other Indians. The agent, in his report of July 24, 1889, urging the establishment of rules for last year, states that several of them have secured, at great expense, horses and oxen to be used in the work during the winter, and that they will not be able to pay for them unless they are kept in thtl work of lumbering, etc. If an Indian allottee is the owner of a logging outfit of the character indicated he will no doubt be able to get ready for market all of the dead and down tim uer upon his allotment, and those so eq nipped can make arrangem~nts with every Indian allot-tee not so equippe(l to pnt upon the market at a reasonable rate all the dead and down trmber upon their allotments. In this way some employment and busin1 ss operations will be provided and much suffering may be avoided. If, howev .. r, this does not avoid the suffering and distress entirely, the appropriation of $75,000 macle last yea.r, and which they refused to take as a lien upon the timber, is still availaule, and it is be-lieved that if the matter is properly and intelligently represented to them they will be willing to accept this loan of the Government to meet their preseut needs until their timber can be properly <~old for them. EYen if they should refnse to accept re-lief in this way, this oflice still has the direction of the Secretary of the Interior to apply it in this manner regardless of what they wish in the premises, as "undoubt-ed}~· they must not be allowed to starve." If these suggestions are adopted. to meet present necessities, I would recommend that measures be at once taken looking to putting into operation the methods sug-gested for the disposition of the green timber during t,htl winter of ltl91-'9:2. This will require the employment of a competent estimator or expert woodsman to ascer-tain the quantity, quality, value, etc., of the timber in order tbat it may be properly advertised. for bids, contracts, and sale. I know of no appropriation available out of which this service can be paid, but an estimate should be submitted to Congress at its session which is soon to convene for an appropriation for the payment thereof. lf this is granted the whole business should be put in shape, so tuat advertisements may be made by July 1st next, and the contracts completed before the middle of September, in order that the people who shall contract for the timber may make all necessary arrangements for the winter's operations. In this connection it is proper that, I should call yonr attention to the fourth reso-lution, al1opted August 10, 1881'3, by the Senate Committee on Indian Affairs, pending their investigation of the tim her operations at the La. Pointe Agency, "that no fur-ther allotments of lands in sev£·ralty should be made to the Indians except 1t1here the allottee desires and intends to nwke his home unon the land all ott eel to ltim. m· to culticafe the same., or use it for grazing purposes."~ And, also, to the bill reported from said committee October 4, lt:388, providing "that no allotments of landR in severaHy to Indians in pursuance of the severalt.y act, approved February 8, 1887, or of the ap-propriation act, approved June ~9, 1888, shall be made or approved unless the allottee desires and intetHls to make his home upon the land allotted to htm, to cultivate the same, or to use it for grazing purposes. At the time this action was taken by the committee this office wa~:~ proceeding under the act of February 8, lt:l87, deeming the provisions of that act more liberal to the Indians than the provisions of the treaty of 1854. The bill reported by the com-mittee, taken in connection with the resolution quoted, seems to indicate that. they supposed that allotments were contemplated for these reservations under the act of 1887 only. While no action appears to have been taken in Congress concerning the matter, yet that taken by the committee indicates the views held by them after a thorough investigation of the matter. In ollice report of June 1, 1889, I expressed the opinion that if it was deemed best to make "'llotment5 on these fe~;erv~tione they ougltt to be made und~r the tr~~ty oC 20 DISPOSITICJN OF TIMBER ON INDIAN RESERVATIONS. 1854, but that I thought the whole matter should be left for further consideration by Congress, Rincc a committee of that IJody had, after exhaustive investiga1 ion, sub-mitted recommendations on the subject, which I had no doubt would thereafter re-ceive atteution and consi1lerat ion. In his report of August l, 1890, the Commissioner states that he bas directed the agent to submit to tuis otllce schedules of such selections as have been made on the several reservations (except the FonJ duLac) that they might be laid before the De-partment in the usual manner. I have made this statement in order that you may be duly advised of what bas been done regarding this matter of allotments on the Chippewa reservations. If the office insLructions to the agent of ~ugust 1, 1890, are inconsistent with the recom-mendat.ions of the committee, perhaps the Department may not del:lire to have the agent submit any further schedules of selections unless t.be Indian making the selec-tions desires and intends to make hit; home upon the land selected or to cultivate the same or to use it for grazing purpm'!es. If the suggestions herein made meet your approval, and you so desire, a bill will be drafted, to be submitted to Congress at its next session, providing for the sale of green timber on the unallotted lands of these reservations, as well as for the payment of persons to estimate the timber on allotted lands, etc. I append a statement showing the quantity of land allotted on each reservation and of that remaining unallotted. Estimated Reservation. Land Laud Swamp Unallotted quantity allotted. unallotted. land. available. of timber remaining. Feet. Lac Court, Oreilles ...................... 42,884.80 26,251.20 ··---······-26,251.20 55,000,000 Bad River ............................... 27, 3E:t. 44 96,951.78 10,348.45 tl6, ti03. 33 2:5, 01•0, 000 Lac du Flambeau ....................... 7, 039.92 62,085.80 :!0, 341.09 41,744.71 125,000,00 The lands designated as swamp lands are claimed by the State of Wisconsin under the act of Congresl:l approved September 28, 1850 (9 Stats., 519) and under the deci-sion of the courts the gTowing timber on said lands is also claimed as t.be property of the State. I inclose herewit.h Senate Report No. 2710, Fiftieth Congress, second Fession, in which upon pages XLVII, XLVIII, and XLIX will be seen the conclusions of the Sen-ate committee upon this matter, refereuce to which is made in this memorandum. Respectfully submitted. The SECRETARY OF THE INTERIOR. R. V. BELT, Acting Commissioner. DEPARTMENT OF THE INTERIOR, Washington, October 24, 1890. SIR: I return herewith the commu'dcation of Agent Leahy and accompanying petition of the Lac du Flambeau Indians, asking for an allotment of their lands the present year and to be allowed to sell their greeu timb0r, which accompanied your letter of the 6th ultimo. For the reasons given in Department letter of this date, on a similar request of the Indians of the Lac Court Oreilles Reservation, the rl quest is denied. Very respectfully, The COMMISSIONER OF INDIAN AFFAIRS. GEORGE w. CHANDLER, Acting Secretary. DEPARTMENT OF THE INTERIOR, Washington, October 24, 1890. SIR: I acknowledge the receipt of your letter of August 1 last and the accom-panying communication from Hon. M. H. McCord, in relation to the _cnttmg and sale of'the green pine timber on the reservations attaehed to the La Pomte Agency, e~cept those in Minnesota, which are irrclud~d in the_ Chi.J?I?ewa _ag~ee.~aents, and. 1n which you recommend tbat the rules governmg the d1spos1t1on ot tuu~ t1mber1 whiCh ' ' DISPOSITION OF TIMBER ON INDIAN RESERVANIONS. 21 were submitted to the President in August, 1889, and returned by the Executive without action, be again laid beforfl the President. Authority of the President having been had for. the logging of the dead and down timber on the Bad River, Lac Court d' Oreilles, and Lac du !<'lam beau Reservations attached to the La Pointe Agency, under the law providing for the same, the cutting and disposal of this class of timber is deemed sufficient to provide 1or the temporal and immediate wants and necessities of these Indians, and in the al.sence of any provision of law authorizing the cutting of the green timber, the Department is un-willing to recommend to the Executive the cutting aud di:;posal of such timber. Mr. McCord's letter is herewith returned. Very respectfully, The COMMISSIONER OF INDIAN AFFAIRS. 0 JOHN W. NOBLE, &cretarJJ.

Sale of Timber

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Sale of Timber

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