since last November, states that he is fully convinced that the boundary line as established by McQuinn in 1887 "is the boundary intended in the treaty, understood by the Indians, and more nearly corresponds to the literal wording of the treaty than either of the other lines." He also says that he is "convinced that had it not been for the interference of a few interestered parties no other line could ever have been run. Much of the confusion attending the consideration of the subject at the present time arises from the fact that different persons attach peculiar significance to different words in the treaty.

"For instance, if stress is laid upon the words Mutton Mountains,' then arises a difficulty from the fact that there is some uncertainty as to what particular range or peaks this name now applies. The name Mutton Mountains was originally applied to a large area of mountainous country lying south of Juniper Flat" (Wapanitia Plains), "from the fact that wild sheep roamed over it. These animals have long since disappeared, and the name Mutton Mountains is very generally applied to the mountainous country which is crossed by the wagon road in going from Juniper Flat south to the Warm Springs River."

He alludes to the interpretation of the word divide, and claims that it was the intention of the treaty to describe a boundary already selected and understood, "and that the distinguishing features of this boundary were that it was a range of highlands extending in a westerly direction from the Des Chutes River and making a connection with the Cascade Mountains."

He then proceeds to show that there is but one well-defined and uninterrupted range answering these conditions, which is located immediately south of Wapanitia Plains, and being the one followed by McQuinn, there being two other broken ranges.

He submits several statements in support of his position, the most important being that of C. H. Walker, formerly clerk of the Warm. Springs Agency, who states that in the summer of 1876 he made the ascent of Mount Hood, and with the aid of a glass had a magnificent view of the Cascade Range and the general features of the country embraced in what was claimed as the Warm Springs Reservation, taking particular notice of this part of the country.

In the fall of 1884 he again ascended Mount Hood (not to the summit, however), and took more particular notice as to the divides, peaks, etc., of the Cascade and Mutton Mountain ranges.

He concludes that

There are at least three ranges of highlands on the Mutton Mountain system. That the most northern of the three is the only one that could be said to be a continuous rauge or divide from the Des Chutes west to the Cascade Mountains.

The next south, is mostly a succession of peaks; the divide is run out long before reaching the Cascade Mountains. The most southern runs in a southerly direction, and terminates at the Warm Springs River cañon, a few miles west of the point where the agency road crosses the said river.

All that range of mountains lying between Juniper Flat and the Warm Springs River is known as Mutton Mountains from the fact that wild sheep roamed over them. While the southern part of this system has the highest peaks, I believe the McQuinn line, following, as I understand, the most northern of the three divides, comes nearer to the true meaning and intent of the treaty of June 25, 1855, and the understanding the Indians then had, than does the Handley line, located from 6 to 1 miles south of the McQuinn line.

Mr. Walker refers to the understanding of the Indians, as to the location of the line as pointed out to them by an agent of the Government at the tree frequently referred to in the several reports and state

ments, and states that the Indians on one occasion took him to the stump of this tree and showed him the direction of the line as explained to them by the agent.

In a communication dated April 23, 1889, Special Agent Gordon gives the result of his efforts to communicate with R. R. Thompson, the agent who is said to have pointed out to the Indians the location of the line, and incloses copies of two letters from Mr. Thompson.

The first is dated November 29, 1888, addressed to Rev. R. W. McBride, in which Mr. Thompson makes the following statement:

I was Indian agent for these people at the time when General Joel Palmer, superintendent of Indian affairs for Oregon, made the treaty with them by which they were to be located south of Mutton Mountains.

I do not know what boundaries may be mentioned in the treaty, but I do know that our knowledge of the topography of that entire country south of the Tigh Valley was extremely vague. Whites and Indians had traveled along that trail by the Warm Springs toward the Klamath country and back, but knew little or nothing of the country. I was directed by the superintendent to take representative or head men from each of the bands, parties to the treaty, and explore the region beyond the Tigh Vailey and west of the Des Chutes River south, as far as I might find it necessary, for the purpose of finding, if possible, a location suitable for an Indian settlement. Having examined the south, west, and north, we determined upon the Chitike as the best location for our purposes that we could find, and the Indians were satisfied.

Returning to the Dalles, the Indians, when we were passing Mutton Mountains, raised the question of where the northern line would be. Just what I may have said to them I can not now recall, but under the circumstances it is quite likely I may have pointed to some natural object and told them it would come somewhere near there. I would trust the Indian's memory upon a point of this kind as against my

own.

The second is dated April 19, 1889, and addressed to Special Agent Gordon. In this he states that he is unable to come to the reservation, and that if he could do so, it would be of no avail. He adds:

William Chenook (for an Indian) was very intelligent and truthful. His statement I would accept, or I will put it in this way. If I were on the ground with the Indians present, and Billy Chenook would call my attention to what I said or did, in the absence of knowledge or impression to the contrary, I would say yes.

Special Agent Gordon states that it is important that a finality be made of this question as early as practicable

Especially in view of the fact that these Indians are now taking their lands in severalty and that some of them are hesitating to do so until the north boundary line is definitely determined and established (wishing to take their allotments on that part of the reservation).

To this end he suggests that a commission be appointed, to consist of a special agent of the General Land Office, a special agent of the Indian Office, and a citizen of Oregon, who should be instructed and empowered to locate this line-the citizen to be nominated by the Governor of Oregon or the Senatorial delegation-the commission to be authorized to take additional proof if necessary, and to be furnished with all the information in the possession of this office.

He also calls attention to the recommendation of himself and Special Agent Martin, that the west boundary be surveyed, and renews said recommendation.

He also states that recently a controversy has arisen between the Indians and some of the whites as to which is the "main branch of the Des Chutes River, heading in this peak" (Mount Jefferson), and says this question ought also to be investigated and adjudicated by the same commission.

The summit of Mount Jefferson, [he says] can not be reached. Common repute says that it has thus far defied every attempt to scale its snow-clad pinnacle But by doing the work in summer, say beginning about the 18th of July, the survey and location of the west boundary line may be pressed and established for some distance above the line of perpetual snow on Mount Jefferson, but even to the line of perpetnal snow would be sufficient for all practical purposes and for all time to come.

He then states the character of the work and the requirements for its successful execution.

He submits an estimate of the cost of the proposed commission, exclusive of the compensation of the commissioners or agents, amounting to $610.00.

If the pay of one commissioner be added, thirty-five days, at $8 per day, it would amount to $590.

He suggests that a—

Citizen of Oregon be made a member of the commission, because it would probably be more satisfactory to the whites in the vicinity of the reservation, some of whom, however (stockmen), will perhaps complain, no matter where the north boundary line may be located. I am informed that some of them have been accustomed to subsist their stock on that part of the reservation, and, if so, they are therefore personally interested in the location of the line. By having a citizen of Oregon on the Commission the citizens in the vicinity of the reservation might thereby feel that they had a representative in the matter and therefore be better reconciled to what might be done.

From the several reports and the evidence of the Indians the fact seems to be well established that Agent Thompson pointed out to the Indians the north line of the reservation, substantially as surveyed by McQuinn, being the most northerly of the several surveyed lines. Special Agent Gordon states that this was done before the signing of the treaty, the party going from near The Dalles, where the negotiations were pending, to decide where the north line should be. This is confirmed by ex-Agent Thompson.

No allusion is made to this visit in the proceedings of the council on file in this office. Superintendent Palmer, in transmitting the treaty. said that he was not familiar with the topography of the proposed reservation, having been over it but once. He stated that the northern boundary was a high range known as the Mutton Mountains.

He submitted a sketch of the reservation, but this throws but little if any light upon the subject.

The initial port of the north line is located on this map 9 miles north of the 45th degree of north latitude, while Handley's initial point is not more than 1 mile north of said degree. The north line is also but 11 miles south of the mouth of Tygh Creek, while the present line, as shown on the Land Office map, is 14 miles south of the mouth of said creek.

If Palmer's map could be relied on as accurate, these distances might be regarded as confirming the claims of the Indians to the more northern line, but this map is only a sketch, not drawn from surveys or measurements.

On a map made by Superintendent Huntington in 1864 the initial point of the north boundary is located in the northeast quarter of section 17, township 6 N., R. 15 E. This is 12 miles north of Handley's point; but the map is manifestly incorrect, as this point in township 6, range 15, is at least 8 miles east of the Des Chutes River, according to the public surveys.

Palmer's sketch indicates "Mutton Mountains" as a narrow range commencing at the Des Chutes River, widening as it goes westward,

with the spurs tending southwestwardly. It does not indicate any highlands between the north boundary and Taih, or Juniper Plains.

The remarks made at the council show that it was intended that the boundaries of the reservation should be natural ones, acting as barriers to the encroachments of the whites.

The Indians have, undoubtedly, always believed the northern boundary of their reservation to be the most northern range of highlands.

The confusion regarding the matter doubtless arises from the want of knowledge of the topography of the country at the time the treaty was made, and the fact that the description in the treaty may be applied to different lines.

As an illustration of this, reference may be made to the statements of Special Agents Gordon and Minthorn, each an agent of the Government, uninfluenced by any motives than those of justice and equity.

The former states that Thompson intended to go to the anticlinal line of the well-defined range of mountains running westerly from the Des Chutes River to the Cascade Mountains;

And perhaps thought he was on or near the summit of the divide when at the tree mentioned; whereas he was about one mile north thereof, and which he would doubtless have discovered if he had gone a short distance farther up the ridge or south from the tree.

The latter says:

It seems to me very evident that the intention of the treaty was to describe a boundary already selected and understood, and that the distinguishing features of this boundary were that it was a range of highlands extending in a westerly direction from the Des Chutes River and making a connection with the Cascade Mountains.

There is not one uninterrupted and well-defined range answering these conditions, and it is located immediately south of Juniper Flat, and forms a natural boundary very prominent and easily followed. This range is the one followed by the McQuinn line.

Handley, in the field notes of his survey, after stating that he commenced at a point in the middle of the Des Chutes River, opposite the range of mountains known as the Mutton Mountains, says:

*

I found the highlands so named, to consist of a series of rough, rocky knolls and spurs, with scarcely any system observable. The treaty does not well identify this boundary, as there is no ridge or divide continuing to the Cascade Mountains.

Mr. Quinn, in the field notes of his survey, says:

By a liberal construction of the treaty of June 25,1855, which would be to follow the average highlands and not each summit of the mountain range, would fulfil the conditions of the treaty, and as the line thus pointed out follows the average highlands, I adopt this line as it is satisfactory to the Indians and fulfills the condition of the treaty of June 25, 1855, as nearly as could be determined from info rmation at hand. There is one main ridge of hills extending easterly from the summit of the Cascade Mountains to the Des Chutes River. This main range divides into three ranges near Sec. 6, T. 6, S. R. 12 E., but to follow the exact summit of any one of these ranges of hills would require a zigzag line ranging, in places, three or four miles from a straight line, which I am satisfied was not the intention of the treaty.

In his communication of September 27, 1888, McQuinn says he is of the opinion that the line (judging from the lay of the main high ground) should be located as indicated by the pencil line on the printed map, that being his judgment aside from any evidence from any source save the natural lay of the land.

This pencil line conforms, in its initial point and general direction, with the line recommended by Messrs. Martin and Gordon, but runs in a direct line instead of short breaks, as recommended by them.

At the 74-mile post of his surveyed line the pencil line approaches the former closely, and from thence runs parallel with and less than a quarter of a mile south of it.

In view of these conflicting statements and the seeming impossibility of locating the line in conformity with the treaty so as to have it eorrespond unquestionably with the topography of the country, and of the fact that the Indians were shown a line before the signing of the treaty, which undoubtedly corresponds very nearly, at least, with the line surveyed by McQuinn, I am of the opinion that justice and equity to them require the approval of his survey.

At the time the treaty was negotiated the Indians objected to the reservation on account of the poor quality of the land, on account of which a provision was inserted, that prior to the removal of the Indians and before any improvements should be commenced, they might select another location if one suitable and more desirable could be found.

The reservation is larger by some 100 square miles than it was esti mated to be from a very imperfect knowledge of the country at the time. the treaty was made, but it is reported to contain but 30,000 acres of tillable land, while it will require twice as many acres to give the Indians the quantity of agricultural land provided by the allotment act. These Indians were unjustly despoiled of their fishing privileges, which has been a cause of frequent complaint by them.

For these reasons I believe that in locating their boundaries the treaty should be construed as favorably to their interests as its terms will permit.

Informal inquiry at the General Land Office shows that no entries have been made on the lands included between Handley's line and that surveyed by McQuinn, but it is advisable to have an official report from the Commissioner upon the subject.

Special Agent Minthorn states that but one man resides within the disputed tract. The parties chiefly interested in having the line located as far south as possible are those holding large herds of sheep and cattle. Handley's survey was duly approved by the General Land Office, but according to all the statements in the case is manifestly incorrect. If it should be found that any persons have just and equitable rights within the disputed territory, of which they would be deprived by the adoption of the McQuinn line, the question of compensation therefor should be submitted for Congressional action.

I have the honor to recommend that, unless the General Land Office can show satisfactory reasons to the contrary, the survey of the north boundary line of the reservation executed by Deputy Surveyor McQuinn in 1887 be approved. Also, that the Commissioner of the General Land Office be instructed to cause the survey of the west boundary of the reservation, monuments to be erected at intervals of every quarter of a mile on that part of the line where there is no timber, and on the portion where there is timber, the trees to be numerously and plainly blazed, and monuments to be established at intervals of every half mile.

The monuments should be of good size, permanent and lasting in their character, and plainly marked; which survey was also recommended in office report of August 13, 1888.

Special Agent Gordon, in his letter of April 23, 1889, renews and accentuates his previous recommendation for the survey of this line.

The Indian appropriation act for the next fiscal year, approved March 2, 1889 (Public No. 155), contains an appropriation of $10,000" For survey and subdivision of Indian reservations and of lands to be allotted