66 UNITED STATES - AGRICULTURAL ECONOMY IN GENERAL 



sometimes authorized by Act of Congress and their limits subsequently- 

 defined by Executive Order ; others were first established by Executive 

 Order and later confirmed b}^ Act of Congress. This, however, is not 

 necessary, as the President may, at his discretion, establish Indian reser- 

 vations, on public lands not otherwise occupied, without the specific 

 prior authority of Congress, or its subsequent ratification. 



The right of the Indians to their reservation is ordinarily subject to 

 certain restrictions, as set forth by decision of the United States Supreme 

 Court, a portion of which is quoted below : 



" The right of the Indians to the reservations ordinarily occupied by 

 them is that of occupancy alone. The fee is in the United States, sub- 

 ject only to this right of occupancy. The Indians have no power of alien- 

 ation except to the United States. But while the fee to the reservations 

 is in the United States, the right of the Indians to their use and occupancy'- 

 is as sacred as that of the Government to the fee. They have the right 

 to apply to their own use and benefit the entire products of the reserva- 

 tion, whether the result of their own labour or of natural growth, so they 

 do not commit waste. If the lands in a state of nature are not in a con- 

 dition for profitable use they may be made so ; if desired for the purpose 

 of agriculture the}^ may be cleared of their timber to such an extent as 

 ma3^ be reasonable under the circumstances, and the surplus timber taken 

 off by the Indians in such clearing, and not required for use on the pre- 

 mises, may be sold by them. The Indians may cut growing timber for 

 fuel and for necessary use upon the reservation ; they may open mines 

 and quarry stone for the sole purpose of obtaining fuel and building mate- 

 rial ; the^^ ma}^ cut hay for the use of their live stock, and may sell any 

 stuplus not needed for that purpose. In short, what a tenant for life may 

 do upon the lands of a remainder-man the Indians may do upon their 

 reservation, but no more. " 



On the other hand, it is obligatory' upon the Government to prevent 

 any intrusion, trespass, or settlement on the lands of any Indian tribe, 

 unless such tribe has first given its consent thereto, either by treaty or 

 agreement. In a few cases reseni^ations have been patented to certain 

 tribes by the Government, such as the Cherokees, Choctaws, and Creeks. 

 The construction given to such patents by the courts is that they are not 

 titles in fee simple, for they convey no power of alienation except to the 

 United States ; neither are they the same as the ordinary- title of occupancy ; 

 thej^ are rather a " base, qualified, or determinable fee, with a possibility of 

 reversion to the United States only ", and the Indians may cut, sell, or 

 dispose of the timber, and permit mining and grazing witliin the limits 

 of their respective tracts by their own citizens. 



In several cases the Indians have purchased the lands comprising 

 their reservations, the title thereto being held in trust for their benefit 

 by the Government tribal council, or other parties. 



At first the land was held in common for the benefit of all the Indians, 

 each head of a family being allowed to cultivate and use a tract assigned 

 to or selected by him, a certificate of occupancy sometimes being issued 



