of proposed regulations for the prevention of smuggling and to obviate friction between the customs officials and Indian agents of Arizona. November 29, 1898, the Secretary of the Treasury recommended that in the event of such rules being adopted they be issued as a joint circular by the two Departments. These rules and regulations, approved by this office December 6, 1898, by the Secretary of the Interior December 8, and by the Secretary of the Treasury December 23, were issued as a circular, and are as follows: RULES AND REGULATIONS CONCERNING CATTLE AND OTHER STOCK. [Issued jointly by the Interior and Treasury Departments for the proper guidance of the customs officials of the Treasury Department and the Indian agents and subagents of the Interior Department in Arizona.] 1. All Indian stock shall be given a common or reservation brand in addition to the individual, family, or village brand now in use. 2. Indians must not be allowed to enter Mexico for the purpose of recovering stray stock, except under the direction of the agent and when accompanied by an officer or employee detailed therefor. 3. When stray stock is recovered it shall be the duty of the Indians and of the officer in charge of them to report on their return to the nearest custom-house and make entry thereof as required by law and the Treasury Regulations. 4. It shall be the duty of the customs officers before searching for smuggled stock on the reservations to report to the agent in charge. It shall then be the duty of the latter to permit such examination and search and to cooperate with the inspectors by detailing his police for the purpose and to otherwise render the officers such assistance as may be needed. 5. Customs officers in the pursuit of smuggled stock may follow the same into or upon a reservation before reporting to the agent in charge, but shall do no act other than for the detention and safe-keeping of the stock until they shall have informed the agent of their presence and the object thereof. 6. When seizure is made on a reservation or from Indians off the reservation, but under the control of the agency, the seizing officer shall promptly notify the agent, giving the number and description thereof, including the brands. 7. If claim be made by the Indians through the agent that the stock under seizure is not subject to forfeiture, pending the filing of such claim and delivery of the bond for the release thereof, said stock shall be left in the custody of the agent who shall be deemed the representative of the collector for the purpose of caring for and safely keeping said stock, and in the event of the failure of the claimant to comply with the provisions of articles 957 and 958 of the Treasury Regulations, said stock shall be delivered to the customs officers on demand. DEPARTMENT OF THE INTERIOR, The foregoing rules and regulations are hereby approved. C. N. BLISS, Secretary. TREASURY DEPARTMENT, Washington, D. C., December 23, 1898. The foregoing rules and regulations are hereby approved. L. J. GAGE, Secretary. The Treasury Regulations referred to above are as follows, viz, Circular No. 114 of July 31, 1897. Paragraph 473 of the act of July 24, 1897, contains the following provision: Cattle, horses, sheep, or other domestic animals straying across the boundary line into any foreign country, or driven across such boundary line by the owner for temporary pasturage purposes only, together with their offspring, may be brought back to the United States within six months free of duty under regulations to be prescribed by the Secretary of the Treasury. Under this provision of law the following instructions are issued: 1. The words "domestic animals," as used in said paragraph, are held to mean domesticated animals, like the horse, sheep, cow, ox, etc., as distinguished from wild animals; consequently, in passing upon applications for the free entry of animals claimed to have strayed, or to have been driven across the boundary line for pasturage purposes, the question of the place of origin of the animals need not be taken into consideration. 2. The above provision is held to apply only to animals owned in the United States which have been driven by their owners across the boundary line for temporary pasturage purposes, or which have strayed across from ranches, farms, or premises in the United States. 3. The animals on return must either be owned by the parties owning them at the time of their departure, or a bill of sale to a resident of the United States from the owner at such time must be produced. 4. The animals and offspring must be returned together within six months from date of departure from the United States; otherwise duty will be assessed thereon. 5. An export entry must be made of all animals driven across the boundary line for pasturage purposes, and facsimile marks and brands must be filed with the collector at the time of exportation. 6. The identity of such animals and their offspring must, on their importation, be established to the satisfaction of the collector of customs by the best evidence obtainable, such as brands, distinguishing marks, oath of importer, extract from the export entry, etc., and the following oath or affirmation will be exacted in all cases from the owner, viz: I, 18-. do solemnly, sincerely, and truly swear (or affirm) that I am a resident or citizen of the United States; that the (number) animals mentioned in the entry hereto annexed are, to the best of my knowledge and belief, truly and bona fide "domestic" animals, owned at the time of their departure from the United States by and now owned by -, and that said animals strayed across the boundary line or were driven to solely for temporary pasturage purposes on the of, 18, except certain of the animals described in said entry, which are, to the best of my knowledge and belief, the offspring of a portion of the said animals. ART. 957. If the amount of such appraisal shall not exceed the sum of $500, such collector shall publish a notice once a week, for three successive weeks, in some newspaper of the county or place where such seizure shall have been made, if any be published in such county; but, if not, then such notice shall be published in some newspaper of the county in which the principal customs office of the district shall be situated; and if no newspaper be published in that county then notices' shall be posted in proper and conspicuous public places, describing the articles seized, stating the time, cause, and place of seizure, and requiring any person claiming such articles, or any or either of them, to appear and file with such collector his claim to the same within twenty days from the date of his first publication or posting of such notice. ART. 958. Any person claiming the property so seized, or any part thereof, may, within the time specified, file with the collector a claim stating his or her interest in the articles seized, and deposit with such collector or other officer acting as such a bond in the penal sum of $250, with two sureties, to be approved by such collector, conditioned that in case of the condemnation of the articles so claimed the obligors shall pay all the costs of the proceedings to obtain such condemnation. The collector shall thereupon transmit the claim, with the duplicate list and description of the articles seized and claimed, to the United States district attorney for the district, who shall proceed for a condemation of the property in the mode prescribed by law. February 3, 1899, these circulars were sent by this office to Indian agents in Arizona with the following instructions: In order that these rules and regulation may be fully carried into effect you will furnish to any officials under your charge who may have supervision over Indians, or be in any way connected with this matter, a sufficient number of these printed rules and regulations to enable them to fully acquaint the Indians with the provisions contained therein. You should also instruct such officials under you that other new regulations must be rigorously observed by them, and that they will be held responsible for their observance by the Indians. It would be well for you, in order to give as wide publicity as possible to the matter, to secure the publication of these new rules in newspapers and stock journals in your vicinity, where it can be done without expense to the Government. It would seem that such papers and journals would be glad to publish this as news for the benefit of their subscribers. In fact, in this matter, it is the desire of this office that you take such action as may be necessary, in your judgment, to secure to all parties interested a full knowledge of the provisions in these joint regulations concerning cattle and other stock, which provisions must be faithfully observed and carried out. For your information I have to add that the Treasury Department has been furnished a sufficient number of these printed rules to enable it to supply the customs officers, etc., and it is thought that such Treasury Department officials in Arizona will be fully instructed in the premises in due course of time. In connection with carrying out the instructions given above I have to say further, that, as you may be aware, it is absolutely necessary for the proper conduct of the. Government business and the maintenance of harmonious relations with the border Republic, that this Department should give its active support and hearty cooperation to the Treasury Department officials in the observance of the sanitary laws and the protection of the revenue. As an agent of this Department in charge of the agency, you are responsible for the carrying out of a proper line of policy to this end. SMALLPOX AMONG PUEBLOS IN ARIZONA, Moquis. On December 14, 1898, three cases of smallpox, then already convalescent, were discovered in the pueblo of Walpi, one of the three villages of the first or east mesa of the Moqui Pueblo Reservation, Ariz. Although prompt steps were taken by the agency and school employes, the latter at Keams Canyon, only 12 miles distant, to prevent the spread of the disease, both by vaccination and quarantine, it broke out in rapid succession and raged in a most malignant form in all of the three villages of the first mesa, and soon after in the three villages of the second mesa. The population of each mesa was about 450, making a total population for the two mesas of 900. Of this number, 590 persons are reported to have contracted the disease and 184 deaths occurred. The agency authorities, as the result of careful policing and the enforcement of effectual quarantine measures, succeeded in preventing the spread of the disease to the village of Oraibi, on the third mesa, only a few miles distant from the second mesa and containing a population of about 990 people, and for this they deserve the highest commendation. The disease was also prevented from reaching the Indian school at Keams Canyon. By the latter part of March the disease had apparently run its course in the first and second mesas, and no new cases having appeared for some time, steps were taken at once to have all the villages in which the disease had raged thoroughly cleansed and disinfected. The Indians were bathed and given new clothing, and their dwellings and the provisions stored therein, including large quantities of corn, were thoroughly fumigated. A certain hostile element among the Moquis opposed this work of disinfection and finally retreated to the last vil lage of the second mesa, Samoprivi, and refused to allow that village to be cleaned. It was at last found necessary to order troops to that place to overcome the opposition. May 23 a detachment of Troop H of the Ninth Cavalry, under the command of Lieut. M. M. McNamee, arrived at the village. The hostiles, who had all congregated in one house, still refused to surrender or to obey orders, and force had to be used before they finally submitted. This was accomplished without serious results, the conduct of the troops being most commendable. Nine of the leaders of the hostile element were placed under arrest and the work of disinfecting the village was completed. The nine Indian prisoners were taken to the Navajo Indian Agency, at Fort Defiance, where they were held until September 28, when, by permission of this office, they were released on promise of future good behavior and returned to the Moquis Reservation. The Zuni and other Pueblo villages were also stricken with the disease, of which details are given in the annual report of the agent, herewith, page. Beginning with Isleta in January, 1898, it reached Sandia, Santa Ana, Acoma, Laguna, Cochiti, Jemez, and Zuñi. At Zuñi it was especially virulent and 249 died. There were a few cases after February, 1899, in San Felipe, Santo Domingo, San Ildefonso, Santa Clara, and San Juan, but owing to successful vaccination in January the disease did not obtain a foothold among these pueblos, and in the last three there were no deaths. During this terrible scourge great heroism and devotion were exhibited by many employees, who remained at their posts, doing all in their power to help the miserable sufferers falling around them. MISSION INDIANS, CALIFORNIA. The recent decision of the supreme court of California in favor of the plaintiffs in the cases of J. Downey Harvey et al. v. Allejandro Barker et al., and Same v. Jose Quevas et al., commonly known as the Warner's Ranch or Agua Caliente land cases, is likely to prove disastrous to the interests of the defendants, who are Mission Indians, and number several hundred persons. In these suits the plaintiffs seek to recover possession of certain tracts of land in the possession of the Indians, including certain Indian villages, all within the Rancho San José del Valle, otherwise known as Warner's Ranch, in San Diego County, Cal. The plaintiffs claim title to the property in controversy through a patent of the United States issued to their predecessor, J. J. Warner, on January 16, 1880, which patent was issued pursuant to the provisions of the act of Congress approved March 3, 1851, entitled "An act to ascertain and settle the private land claims in the State of California," and also through two grants from the Mexican Republic made, respectively, in 1840 and 1844. The defendants claim a possessory right in the nature of an easement in, or servitude upon, the property in controversy, basing their claims upon the fact that they are, and their ancestors were, Mission Indians, and that they have been in the continuous occupancy, use, and possession of the property from time immemorial, and were in such possession at the time the plaintiff's rights thereto had their inception, viz, at the time when the Mexican Government granted, or attempted to grant, the lands to the plaintiff's predecessors in interest. Through the kind offices of philanthropic persons, the Indians have thus far been able to defend their claims in the State courts of California, and now as the supreme court of that State, by a bare majority, has decided against them, their sole reliance lies in an appeal to the Supreme Court of the United States. The question of taking an appeal on behalf of the Indians is now being considered by the Department of Justice. SEMINOLES IN FLORIDA. As stated in the last annual report, Inspector A. J. Duncan, who was instructed to look into the matter of securing lands for the Seminoles in Florida, recommended, March 18, 1898, that certain described public lands be reserved for their use, and that other adjoining tracts be purchased for them. April 5, 1899, he further recommended that some 27,360 acres be obtained from the State of Florida, to be held for the Indians, or exchanged for other lands in Florida, and that some 41,160 acres be purchased for the Indians from the companies owning the same. In another report, dated May 12, he recommended the immediate purchase of thirteen sections, and the purchase of nine sec. tions as soon as the appropriation for the year 1900 should become available. May 29, 1899, the Department approved his recommendation and directed this office to carry it into effect. July 12, this office submitted to the Department two deeds from the Disston Land Company, executed June 27, 1899, the first conveying to the United States, for the use of the Seminole Indians, all of sections 23, 25, 27, 29, 31, 33, and 35, T. 48 S., R. 34 E., containing 4,490.84 acres, and the second all of sections 13, 15, 17, 19, and 21, in the same townships, containing 3,206.48 acres. The deeds and abstract of title were returned to this office August 1, with a communication from the Acting Attorney-General stating that the abstract was too meager and incomplete to enable him to form a satisfactory opinion respecting the title. They were resubmitted to the Department, with additional evidence, September 2, 1899.1 August 25, this office submitted to the Department two deeds from Frank Q. Brown, trustee, executed June 8, 1899, the first conveying to the United States, as trustee for the Seminole Indians in Florida, all of sections 22, 24, 26, 28, 30, 32, and 36, in T. 48 S., R. 34 E., containing 4,480 acres, and the second all of sections 12, 14, and 20, in the same township, containing 1,920 acres. Since this report was made the deeds were returned by the Department, October 17, and October 26 they were sent to Florida for record. |