Page:Federal Reporter, 1st Series, Volume 4.djvu/799

UNITED STATES ». BERRT. 78» �warded to the commissioner of Indian affaira at Washington city, proceed at once to cause the oiïender to be arfested and punished aceording to the laws of the United States, and also re-imburse the injured person for the loss sustained. If bad men among the Indians shall commit a vrong or depredation upon the person or property of any one, white, blaek, or Indian, subject to the authority of the United States, and at peace therewith, the tribes herein named solemnly agcee that they will, on proof made to their agent and notice to him, deliver up the wrong-doer to the United States to be tried and punished aceording to its laws; and, in case they -wilfuUy refuse so to do, the person injured shall be re-imbursed for bis loss from the ahnuities or other moneys due or to become due to them under this or other treaties made with the United Statea. �"Art. 7. • * • * The president may at any time order a survey of the reservation, and, when so surveyed, congress shall provide for protecting the rights of such Indian settlers in their improvements, and may fix the character of the title held by each. �"The United States may pass such laws on the subject of alienation and descent of property, and on ail Bubjects con- nected with the government of the Indians on said reserva- tion, and the internai police thereof, as may be thought proper." �Aceording to a well-settled rule of construction, sînce there is no express repeal of any part of the treaty, that instrument and the statute should be construed together, and, as far a» possible, the provisions of each should be allowed to stand. An express law conferring certain special rights and privileges is held never to be repealed by implication, unless the intent to effect Bucb repeal be clear. State t. Branin, 3 Zab. 484; State V. Minton, Id. 529. And the doctrine is supported by numerous other authorities. �We are assisted somewhat in the construction of the enabling act, in so far as it bears upon the question now before us, by reference to a subsequent act of congress, entitled "An act to further the administration of justice in �v.4,no.9— 50 ����