The Cheyenne and Arapaho Indians, whose conduct is referred to in another part of this report, became so threatening early in the spring that it was found necessary to call upon the military establishment of the Government to assist this Department in enforcing order and quiet upon that reservation.

Inspector Frank C. Armstrong, of this Department, who, as before stated, was sent to that agency, clothed with the authority of a commissioner, to investigate the troubles with those Indians, found that the principal cause of the disturbance was the existence of these alleged leases, and the presence of a large number of white men who were on the reservation thereunder.

The inspector's conclusion was confirmed by reports made to the President by the Lieutenant-General of the Army, whom he had sent to the locality to personally investigate the complaints made by the Indians, and to direct and superintend the movements taken to prevent an outbreak.

The immediate consideration of the subject of these leases by this Department became absolutely necessary. Had it not been that delay was dangerous, and postponement of action would have been at the risk of much destruction of life and property by Indian hostilities, the prospects of which had greatly alarmed the people of Kansas and other parts of the country, I should have preferred to have refrained from any action looking to a determination of the question of the legality of these leases, or disturbing the status of the matter as it existed when I assumed charge of this Department, until the Senate committee could make its report and action be had thereon by Congress.

Forced as the Department was by the circumstances and necessities of the case to take prompt action on the matter, I submitted, on July 8, 1885, for the opinion of the honorable Attorney General, certain questions propounded, with a view of ascertaining whether there was any law warranting the making or the existence of said leases.

The Attorney-General held in his opinion rendered July 2, 1885, that "no general power appears to be conferred by statute upon either the President or Secretary or any other officer of the Government to make, authorize, or approve leases of lands held by Indian tribes," and that "Indian tribes cannot lease their reservations without the authority of some law of the United States."

The alleged leases being thus held to be without warrant of law, and as their existence upon the Cheyenne and Arapaho Reservation had been found to be the main cause of the complaints of those Indians, the President, after full consideration of the matter, declared them void and of no effect, and determined that all unauthorized persons upon that reservation, including the cattlemen, with their herds of cattle, should remove therefrom, and he accordingly issued his proclamation on July 23, 1885, to that effect. I now have the satisfaction to state that the reservation is entirely free from cattlemen and their herds.

The question as to what is the best and wisest course to pursue relative to these surplus lands in the Indian reservations not required for the present wants of the Indians is one demanding careful and serious consideration. Shall they be left unemployed and unprofitable; or shall they be utilized and made, in a measure at least, to produce some revenue towards the support of the Indians?

If it shall be determined that for the present it is for the interest of the Indians that the reservations shall be held intact, that the land should be utilized for grazing purposes, and that white men, with their herds of cattle, shall be permitted to occupy large tracts of these reservations, a law should be enacted for that purpose, clear and comprehensive, fully defining the powers and duties of this Department in the

matter.

If the cattlemen are to be permitted to go upon these reservations, and to hold and pasture their herds thereon, the business should be done under proper regulations and in such manner as to secure a fair and just compensation for the privilege. The money paid therefor should be handled by the officers of the Government, and used for the support of the Indians and their advancement in civilization. With my convictions I cannot recommend such legislation. It is in direct contravention of the policy of keeping the Indian reservations free from the settlements of white men-a policy which, in my opinion, should be more rigidly enforced. If, however, it shall be decided that the welfare of the Indians as well as the public interests will best be served by opening the surplus lands of these reservations to public settlement, it should be done in good faith under the general land laws of the United States.

CATTLE TRAILS THROUGH THE INDIAN TERRITORY.

It has been the custom for a long time past for cattle-owners holding herds in the State of Texas, and to some extent in the State of Arkansas, to drive portions of their herds yearly through the Indian Territory, over established trails and other public highways, en route to northern markets and grazing grounds.

With the advent of the policy of allowing the Indians to lease portions of their reservations for grazing purposes came trouble and interference with the free passage of cattle through the Territory in pursuit of the usual channels of commerce. Old established trails and public highways long used for the purpose of this branch of inter-State commerce were closed up by the fences erected by the respective lessees, who assumed to confine cattle passing through the Territory to such trails as they saw fit to allow to be used.

Some slight disturbance occurred in 1884 by reason of the obstruction of the passage of cattle over certain trails running through that portion of the Indian Territory known as the "Cherokee Outlet."

Certain facts and circumstances made it necessary for the cattlemen driving herds northward during the present year to leave the route

used last year in the vicinity of Fort Supply, and, instead of proceeding directly northward, to go in a northwesterly direction so as to pass into and over the "Neutral Strip" or "No Man's Land" lying west of the "Cherokee Outlet."

They found the old-established Indian trail and highway known as the "Camp Supply Trail," leading along and in the vicinity of Beaver Creek into the "Neutral Strip," obstructed not only by the fences of the alleged lessees, but also by an armed force of men controlled by said lessees, who opposed the passage of the cattle over that trail.

The owners whose cattle were on the drive northward appealed to this Department to take action to relieve them from the embarrassing situation in which they were placed by having their herds forcibly stopped. An inspector was ordered to proceed to the region of disturbance to see that the established trails and public highways were opened and kept open for the free and uninterrupted passage over them of uninfectious cattle en route northward. At the same time the War Department was requested to instruct Lieutenant-General Sheridan, then in the Territory, to furnish such military assistance as might be found necessary to effectuate the instructions of the Department to its inspector. The attle were then allowed to pass on.

The men who are occupying these Indian lands with their herds have not only gone into that Territory and entered into pretended leases for such occupation in violation of law, but they have gone farther, and assumed the right to control and to restrict the use of the established trails and public highways passing over and through the Territory. They have attempted to exercise such pretended right by the use of an armed force, thereby menacing the peace and good order of the country, while unlawfully obstructing and interfering with interState commerce which is regulated by law.

THE CHEROKEE OUTLET.

The strip of land in the Indian Territory known as the "Cherokee Outlet," and sometimes called the "Cherokee Strip," remaining unappropriated by the United States for the purposes specified in the treaty of July 19, 1866, with the Cherokee Indians, is subject to the possession and jurisdiction of those Indians.

On May 19, 1883, the Cherokee national council passed an act for the purpose of securing from these lands "revenue nearly equal to their real value, so long as they remain in possession of and under the jurisdiction of the Cherokee Nation." It directed the principal chief to execute a lease for all of those unoccupied lands of the Cherokee Nation being and lying west of the Arkansas River "to E. M. Hewins, J. W. Hamilton, A. J. Day, S. Tuttle, M. H. Bennett, Benjamin S. Miller, A. Drum, E. W. Payne, and Charles Eldred, directors, in trust for the Cherokee Strip Live Stock Association, for the term of five years, in consideration of a

yearly rental of $100,000 for the entire tract." The lease appears to have been made accordingly on July 7, 1883.

Inasmuch as the lessees set up no claim or right of permanent settlement as against the Indian title, and as there has been no dissatisfaction manifested by the Indians, I have not deemed it the duty of this Department to interfere with the affairs of the Cherokee Nation except in cases especially required by the treaty with that nation.

RAILROADS THROUGH INDIAN RESERVATIONS.

The Denver and Rio Grande Railroad.

Mr. Secretary Kirkwood, in his annual report for the fiscal year ending June 30, 1881, called attention to the importance and necessity for an adjustment of rights of the Denver and Rio Grande Railroad Company and the Ute Indians in the matter of the right of way for said railroad through their then reservation in Colorado. This railroad has already been constructed and the maps of definite location were approved under act of June 8, 1872 (17 Stat., 339), by my predecessor, on January 15, 1884, specially reserving and leaving open for future consideration the question of compensation to the Indians for the right of way. Nothing further has been done on the subject. The railroad company is operating its road, using and enjoying the land occupied as a right of way, &c., without having paid a penny to the Indians as compensation therefor. A portion of the road runs through what is still the Southern Ute Reservation. It is no wonder that these Indians are restless and unsettled when such invasion and occupation of their lands is permitted without compensation or any sort of redress.

The Utah Northern Railroad.

The Utah Northern Railway Company has constructed a line of road, a portion of which runs north and south through the Fort Hall Indian Reservation in Idaho. The maps of definite location for so much of the road as passes over and upon the reservation have not been approved. The road is in operation, using and occupying over 2,126 acres of land within the reservation for right of way and station grounds without having made any compensation to the Indians therefor. This matter was brought to the attention of both Houses of Congress by my predecessor, Mr. Secretary Teller (see Senate Ex. Doc. No. 6, Forty-eighth Congress, second session), who stated that "it is not presumed by this Department that the law of Congress granting the right of way to the Utah and Northern Railway Company (act of March 3, 1873, 17 Stat., 619) was intended to authorize the construction of their road across the lands of these Indians without compensation therefor." No legislation has been had on the subject.

There are other important matters affecting the rights of Indians growing out of the occupation of their lands by railroad companies,

reference to which will be found in the report of the Commissioner of Indian Affairs.

The unsettled condition of these matters is embarrassing to the Department and a hindrance to the peace, quiet, and progress of the Indians, as well as unjust to them, and it is hoped that Congress will take speedy and definite action regarding them.

RIGHT OF WAY FOR MISSOURI, KANSAS AND TEXAS RAILWAY THROUGH INDIAN TERRITORY.

In the year 1866 certain treaties were negotiated with the Cherokee, Creek, Seminole, Choctaw, and Chickasaw Indian tribes, in which cer tain stipulations were made with reference to the construction of railroads through their lands in the Indian Territory.

About the same time certain laws were enacted by Congress, under one of which (act of July 25, 1886) the Union Pacific Railway Company, Southern Branch, afterwards the Missouri, Kansas and Texas Railway Company, was, by decision of the Secretary of the Interior of July 12, 1870, approved by the President of the United States July 20, 1870, adjudged to have acquired the right of way through the Indian Territory, and was thereupon authorized to construct and operate its line of road from a point on the northern boundary of the Indian Territory to a point at or near Preston, in the State of Texas.

Maps of definite location and construction of the road, as also plats of station grounds selected by the company along the line of route through the Territory, have from time to time been filed in and approved by the Department. The road was finally completed through the Territory December 1, 1872.

Upon application of the railway company the Commissioner of Indian Affairs in May 1884, directed the United States Indian agent at the Union Agency, Indian Territory, to cause the removal of numerous unauthorized persons who had established themselves on the right of way and station grounds occupied by the company, which complained that it was seriously embarrassed and impeded in the proper execution of its legitimate business by their presence. The execution of this order was for various reasons suspended until the 1st day of October, 1885.

On the 17th August last the Department, after consideration of a full report made by the Acting Commissioner of Indian Affairs in the premises, directed the enforcement of said order at the expiration of the period of suspension.

In consequence, however, of subsequent representations made to the Department by the executive authorities of the Creek and Choctaw Nations, I deemed it advisable to recall the last-mentioned order, and to direct a suspension of all further proceedings thereunder until such time as additional investigation, which appeared necessary, could be had, or at least until Congress could have an opportunity to decide by legislation the new and serious questions which have been raised.