I HUNTINGTON FREE LIBRARY AND READING ROOM MUSEUM OF THE AMERICAN INDIAN HEYE FOUNDATION Huntington Free Library Native American Collection CORNELL UNIVERSITY LIBRARY CORNELL UNIVERSITY LIBRAHY 3 1924 097 695 955 C^l Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924097695955 FIVE CIVILIZED TRI13ES OF INDIANS ,^.| HEARINGS P'o ^^ BEFORE THE COMMITTEE ON INDIAN AFFAIRS or THE HOUSE OF KEPRESENTATIVES ON H. R. 108 TO CONFER UPON THE SUPERINTENDENT OF THE FIVE CIVILIZED TRIBES CERTAIN JURISDICTION ¥ ^ \ /^ \- LINDCN sural COUECTJON v.. '' WASHINGTON GOVERNMENT FEINTING OFFICE 191« COMMITTEE ON INDIAN AFFAIRS. SiXTT-FOUETH OONGEESS. JOHN H. STEPHENS, Texas, Chairman. CHARLES D. CARTER, Oklahoma. THOMAS F. KONOP, Wisconsin. CARL HAYDEN, Arizona. LEWIS L. MORGAN, Louisiana. WILLIAM H. MURRAY, Oklahoma. DENVER S. CHURCH, California. CHARLES M. STEDMAN, North Carolina. WILLIAM J. SEARS, Morlda. C. C. DILL, Washington. JOHN N. TILLMAN, Arkansas. HARRY L. GANDY, South Dakota. W. W. VENABLE, Mississippi. PHILIP P. CAMPBELL, Kansas. PATRICK D. NORTON, North Dakota. SAMUEL H. MILLER, Pennsylvania. S. WALLACE DEMPSEY, New York. HOMER P. SNYDER, New York. ROYAL C. JOHNSON, South Dakota. FRANKLIN P. ELLSWORTH, Minnesota. BENIGNO C. HERNANDEZ, New Mexico. JAMES WICKERSHAM, Alaska. James V. Townsend, Clerk. Paul N. Hcmphbet, AesMant Clerk. riVE CIVILIZED TRIBES OF INDIANS. COMMITI'EE ON InDIAK AfJjWIRS, House of Representatives, Washington, D. C, March 9, 1916. The committee this day met, Hon. John H. Stephens presiding. The Chairman. The committee will come to order. Grentlemen, we have met this morning for the purpose of taking up House bill No. 108, introduced by Mr. Hastings. Mr. Hastings is a Member of the House, and desires to be heard on the bill this morning. Mr. Hastings, you may proceed. I will instruct the stenographer to put the bill in the record so that we may have a complete record. You may then proceed with your argument in favor of the bill. [H. R. 108. Sixty-fourth Congress, first session.] A Bill To confer upon the Superintendent for the Five CiTllized Tribes In Oklahoma the authority now conferred by law upon the Commissioner of Indian Affairs and the Secretary of the Interior respecting lands allotted to the enrolled members of the Five Civilized Tribes and their Individual moneys. Be it enacted by the Senate and House of Representatives oj the United States of America in Congress assembled, That the Superintendent for the Five Civilized Tribes in Oklahoma shall, after the passage and approval of this act, have and exercise all the authority now conferred by law upon the Commis- sioner of Indian Affairs and the Secretary of the Interior, or either of them, respecting the lands allotted to the enrolled members of the Five Civilized Tribes in Oklahoma and their individual moneys. Sec. 2. That all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed. STATEMENT OF HON. WILLIAM W. HASTINGS, A REPRESENT- ATIVE IN CONGRESS FROM THE STATE OF OKLAHOMA. Mr. Hastings. I was about to say, Mr. Chairman and gentlemen of the committee, that I do not remember just how many of you were present at the time, but I was heard, in part at least, on last Thurs- day or Friday, at which time I went over, to some extent, the pur- poses of this bill, and what I desired to accomplish by it. At that time we did not have a stenographer present, and I am at a little bit of a loss as to the amount of time I should take up now. I as- sume, however, that before these hearings are concluded, all of these matters will have been gone over thoroughly, so that they will be fully understood by the members of the committee. With the per- mission of the chairman and the members of the committee, I shall attempt to make a recapitulation of what I have already said, and put it in the record. The Chairman. That may be done, and I can assure you that the committee will give you authority to revise your remarks. 3 4 FIVE CIVELIZED TKIBES OF INDIANS. air. Hastings. If the committee does so, I will recapitulate this morning, to some extent, and then take advantage of the permission to revise mv remarks, which has been given by the chairman. The Chairman. That is the general understanding. (The statement of Mr. Hastings referred to above was as follows :) Mr Chairman and gentlemen of the committee, on tlie first day Congress convened December 6, 1915, I introduced the bill now under consideration (H. R. 108), to confer upon the Superintendent for the Five Civilized Tribes in Oklahoma the anthortiy now conferred b.v law upon the Connuissioner of Indian Affairs and the Secretary of the Interior respecting the individual lands allotted to the enrolled members of the Five Civilized Tribes and their indi- vidual moneys. I want to make it clear at the outset that this bill only deals with the lands and moneys of individual restricted Indians and has nothing whatever to do with the tribal property of the Five Civilized Tribes. In order that the members of the committee may better understand the pur- poses of the bill, permit me to remind you that the eastern half of Oklahoma prior to statehood was known as the Indian Tei-ritory, and ^vas occupied by the Five Civilized Tribes — Cherokee, Creek, Seminole, Choctaw, and Chickasaw. In the early part of the last century these tribes moved under treaties, made with the Government of the United States, from the Southern States to the Indian Territory. Each tribe maintained a government of its own, separate and distinct from the other tribes, as much so as one State of the Union is separate and distinct from another State. Kach tribe had its own governor or executive head, its legislature and its judiciary. They enacted their own laws, \vithout any supervision whatever from the Federal Government, and they executed them. Their lawsuits were tried in their own tribal courts without any appeal to a Federal court. Fev; Members of Congress, not on the Indian Committee, are aware of this. For the past 100 years these tribes have intermarried with white people who come among them. Schools and churches were established and the members of the tribes were recognized as being on an equal plane of intelligence with citizens of the surrounding States. White people settled in their country, rail- roads were built, cities established, and finally Congress, by the act of March 3, 1893, created the Dawes Commission and sent it to the Indian Territory to make treaties with the tribes, with a view of having their lands individualized, their tribal funds paid out per capita, and their territory made a State of the Union. Under various treaties and acts of Congress provision was made for the allotment of their lands. The final enrollment showed 101,521 allottees to whom 19,526,966 acres of land belonged. All these lands have been allotted except some known as tribal lands. Let me repeat that this bill only affects the lands allotted and patented to the individual Indian and the moneys deposited to the credit of the Individual Indian. It does not afCect any tribal lands or tribal money. Under the various agreements and acts of Congress under which the lauds were allotted provisions were inserted restricting the sale of their land for certain periods of time. Part of these restrictions were removed bv the act of April 21, 1904, and by the terms of the acts of April 26, 1906, and May 2T, 1908, all the homestead land of an enrolled member of one-half Indian blood was restricted from alienation, and all the surplus land of an Indian enrolled as of three-fourths or more Indian blood. No restricted member of the tribes can lease his land for oil or gas, nor can he make an agricultural lease upon his homestead for more than one year, without the approval of the Secretary of the Interior. In brief, a restricted Indian has become a very well-detined term in Oklahoma. It means an Indian, who, under the law, Is not permitted, to manage his own affairs. In other words, he can not lease, encumber, or sell his land, or handle his own individual money without the approval of the Secretary of the Interior 1,500 miles distant. Of the 101,521 members of the Five Civilized Tribes, there were in round numbers about 75,000 of Indian blood, and of this number about 37,000 were restricted. The records show that restrictions have been removed from about 8,000 of these Indians, and about one-third of the Indians remaining have died since their enrollment. Hence, the number of Indians within the restricted class in eastern Oklahoma is estimated to be between 20,000 and 25.000 FIVE CIVILIZED TRIBES OF INDIANS. 5 li'oniiei-ly two officials in Olvhllioma loolred aftev tlie affairs of tlie tribes— one the Oommissioner to the Five Civilized Tribes, who succeeded the Dawes Com- mission, and the other the United States Indian agent. One looked after the tribal property, and the other after the indi\idual property of the restricted members of the Five Civilized Tribes. By the act of August 1, 1914, Congress consolidated these offices and the Superintendent for the Fi\'e Civilized Tribes was appointed. He was nomi- nated by the President and confirmed by the Senate. Theretofore the officers had been appointed by the Secretary of the Interior. The combined office was considered of more importance, and it was expected greater power would be conferred upon him. The salary was fixed at $5,000 per annum, the same amount the Commissioner of Indian Affairs receives. The above statement is preliminary to what I wish to say regarding the purposes of this bill. At present if a restricted Indian wants to do one of four things : First. Make an agricultural lease on his homestead for more than one year, or upon his surplus land for more than five years ; Second. Make an oil lease upon his land ; Third. Pay a claim out of his money ; or Fourth. Sell any part of his land — he can not do so without the approval of the Secretary of the Interior, or, I had better say, a clerk or inferior officer under him. It is the purpose of this bill to confer this authority upon the Superintendent for the Five Civilized Tribes at Muskogee. You will note that it does not take away any supervision whatever, but it transfers supervision from Washington to Muskogee. To illustrate: If a restricted Indian wants to make an agricul- tural lease upon his land, he goes before the local field clerk In Oklahoma, who transmits the lease through the Superintendent for the Five Civilized Tribes, where it goes through the files In the proper division, thence to the Commis- sioner of Indian Affairs, where It Is referred to some bureau, and thence to the Secretary of the Interior, where it is referred to a clerk and final action Is had upon it. It is returned in the same way, and the Indian and the tenant are finally notified of the result. Our contention is : First. That final authority should be given to the superintendent at Muskogee to approve these agricultural leases, as he understands local conditions. Second. If a restricted Indian wants to make an oil lease, regular blank forms have been prepared, with rules and regulations understood by everybody, and the superintendent at Muskogee has local men at convenient points through- out eastern Oklahoma who can supply detailed information. Our contention is that he is more competent, with all this Information, to approve these leases than anyone else and can be as safely trusted to supervise and approve them as any man at the head of a bureau in the office of the Oommissioner of Indian Affairs or the clerk In the office of the Secretary of the Interior. The truth Is that the Commissioner of Indian Affairs does not personally superintend these matters, nor does the Secretary of the Interior, but some clerk, paid $1,800 or $2,000 per annum, 1,500 miles awaj', supervises the action of the Superintendent for the Five Civilized Tribes, a man upon the ground, appointed by the President and confirmed by the Senate, who is paid a salary of $5,000 per annum. Third. If a claim is pre.sented against an Indian who is within the restrlctel class, unless authority is first olitalned, it has to go through the same routine that an agricultural lease or an oil lease does. This method results in tedious delays, which the bill introduced by me is intended to correct. Fourth. If a restricted Indian wants to make application to remove the resrlctlons upon the sale of his land, it goes through the same channel — through the local field clerk, thence the superintendent for the Five Civilized Tribes, thence through the bureau under the Oommissioner of Indian Affairs, and finally over the desk of some clerk in the Department of the Interior. The Indian may be old and decrepit or sick or there may be other reasons for urgent action being taken upon his application. Our contention is that all matters affecting the individual Indian — liis allotted land and individual money — should be supervised by an honest, trustworthy, competent official, the superintendent for the Five Civilized Tribes, at Muskogee, Okla. He has a large number of law clerks, stenographers, appraisers, oil inspectors, field clerks, and other clerical help to investigate thoroughly every matter at first hand which may be submitted to him for supervision and approval. The present Indian appropriation bill carries an appropriation of $185,000. 6 FIVE CIVILIZED TEIBES OP INDIANS. We Claim that all these matters can be safely trusted to the local man, and that the interests of the individual Indian will be scrupulously guarded, action upon the various transactions expedited, and their rights better protected it this bill becomes a law. There can be no legitimate argument against it. Mr. Hastings. In order that the members of the committee may understand the situation, I will say that Congressman Ferris, chair- man of the Public Lands Committee, intends to be here this morn- ing. There is some matter before his committee at this time, and I understand that Mr. Ferris desires to be heard at 11 o'clock this morning, so that he will be able to go back to his committee. With the permission of the chairman and the members of the committee, I shall proceed until Mr. Ferris comes, and then yield to him. The Chairman. We will want a complete record. Mr. Hastings. Gentlemen of the committee, this bill H. E. No. 108, which was introduced by me on the first day of the convening of Congress, December 6, is to refer the administration of the individual Indian estates to the superintendent for the Five Civilized Tribes at Muskogee. Now, to recapitulate, we have in eastern Oklahoma, or there were, in round numbers, about 101,000 members of the Five Civilized Tribes. They were formerly in what was known as the Indian Terri- tory, which is now a part of the State of Oklahoma. There were, as you all know, five of these tribes. Under various treaties, beginning about 1897 and extending along for a number of years, agreements were made to allot the lands in severalty among the members of the tribes. Let me say at this point, gentlemen of the committee, that practically all of those lands have now been allotted. Take, for instance, the Cherokee Nation; there were about 42,000 enrolled members of that tribe. Every foot of the land has been allotted. Whatever lands remained have been sold, and the last disbursement of their money is now be- ing made, amounting to about $3.30 per capita. The lands in the Creek Nation have, as I understand it, been allotted, and the same is true of the Seminoles. With reference to the Choctaws and Chicka- saws, their allotments, as I understand it, have also been completed. I think that they still have some coal land and asphalt lands to be sold, and there may be some other surplus lands to be sold. The Chairman. Timberland. Mr. Hastings. Perhaps some timberland. I want to impress upon this committee the fact that this bill does not affect tribal property at all. Mr. Mtjrrat. So far as the allotments of the Chickasaws and Choctaws are concerned, they are completed ? Mr. Hastings. Yes. Whatever else remains is tribal property. I want to say again that this bill does not affect tribal property at all. I want to make that very clear to the members of the com- mittee in- expressing my views. I think that the larger questions ought to come here for determination, and that we are very likely to need more legislation on the part of Congress. Mr. KoNOP. This Commissioner of the Five Civilized Tribes was created here some two or three years ago, was he not ? Mr. Hastings. Yes, sir; by the act of August 1, 1914. Mr. KoNOP. It was the understanding at the time this commissioner v^'as created, that the matters of the Five Civilized Tribes could be better taken care of in Oklahoma than in Washington ? FIVE CIVILIZED TRIBES OF INDIANS. Y Mr. HastixNgs. There is no question about that. That was gener- ally understood in Oklahoma, and I think every member of this com- mittee and every Member of Congress understands it. Mr. KoNOP. Am I to understand now that the way they are pro- ceeding with Indian matters pertaining to the Five Civilized Tribes, that this Commissioner of the Five Civilized Tribes takes the matter up and reports to the Commissioner of Indian Affairs, and that the Commissioner of Indian Affairs has to go to the Secretary of the Interior before final action is taken ? Mr. Hastings. That is correct. That is what I want to correct, so far as the supervision over the individual Indian is concerned. Mr. KoNOP. What is the object of having this commissioner then? Mr. Hastings. Well, on that point you and I take exactly the same position. Mr. KoNOP. How much salary does this man get ? Mr. Hastings. $5,000. Mr. KoNOP. Is he paid by the Government? Mr. Hastings. He is paid by the Government. He is nominated by the President and confirmed by the United States Senate. Mr. KoNOP. It seems to me that, instead of expediting the work for the Five Civilized Tribes, you have complicated it, and made it possible for a matter to go through one more head than was formerly the case. Mr. Hastings. It has been changed several times. At first we had three members, and then five, and finally it was cut down to one superintendent. Mr. Venable, I am a new member of the committee, and I am not very familiar with this subject. I would like to ask this question : What jurisdiction does the Department of the Interior, or the Secre- tary of the Interior and the Commissioner of Indian Affairs, exercise over these allotted lands ? Mr. Hastings. .If you will permit me, I will take that up a little later. It will take some time to discuss that matter. Mr. Ferris desires to address the committee this morning and I shall yield to him. After that I will answer at length. That is one of the ques- tions before the committee. The Chaieman. Mr. Ferris is present now. Do you desire to yield to him now ? Mr. Hastings. I should like to say just a word or two more. Mr. DEMPSEr. Let me make a suggestion before you start. Mr. Johnson and I have been talking and this thought has occurred to us: The only complaint you made the other day was this, that in the leasing of lands you lost the benefit of the leases frequently, and the Indians did not get the rights they ought to get because of the fact that there were delays. Suppose you had a specific bill instead of a general bill, and that the superintendent of the Five Civilized Tribes had authority to approve a short lease, we will say, for one year or three years, or a least for a part of a term. Say, for instance, that there was a lease of 15 years, and he could approve it for 1, 2, or 3 years of that time, and then as to the balance of the term the lease would be subject to approval here. There would be plenty of time during the running of this first part of it in which to secure approval here. On the other hand, you would have a check or safe- 8 FIVE CIVILIZED TEIBES OF INDIANS. guard, so that if the lease was unconscionable it could be disapproved for the long part of the period. Mr. KoNOP. I think by such procedure you would create only con- fusion. I do not believe anybody would lease land under those conditions. Mr. Dempsey. I will say that I have personally owned land tor 20 years. I have bought land out in this country, and I think I know something about this subject. I do not think there would be any trouble in the world in getting a man to accept a three-year lease. You might experience some diiRculty in getting a man to accept a lease for one year, but a three-year lease would be regarded, in some instances at least, as a long lease. The Chairman. I think, gentlemen, that this is a matter that can be discussed in executive session. Mr. Mtjeray. Suppose it is timberland. I do not think any man can go on that land and put houses on it in three years' time. Mr. Hastings. I shall be glad to answer all the questions that I can. I want to say to the members of this committee that I was reared in Indian Territory. Mr. KoNOP. Won't you confine yourself to discussing this propo- sition about which Mr. Dempsey asked you? What would you do with a proposition like that ? Mr. Hastings. I intend to come to that in a minute or so. I have lived in Indian Territory all my life. Everi since I left school I have handled this Indian question. If there is anything that I am entitled to know anything about, it is the Indian question in Okla- homa. There is no misunderstanding about the jurisdiction that is given to the Superintendent of the Five Civilized Tribes by the terms of this bill. It is a clear-cut proposition. Every man in the Indian Office understands thoroughly the jurisdiction that is given by it. It is difficult, as you all understand, to write a bill and go into all these little details, but this bill deals with the individual estates of Indians. It does four things. If you will permit me to digress for a moment I will say that the object and purpose of this bill is to prevent delays, to permit the placing of a man upon the ground before whom you can go and be- fore whom you can have a personal hearing in regard to these mat- ters that affect the individual Indians. By the act of August 1, 1914, the Commissioner for the Five Civ- ilized Tribes an dthe agent for the Union Agency were consolidated. The office of the Superintendent for the Five Civilized Tribes was created. He was to be nominated by the President of the United States and confirmed by the Senate. He was a responsible officer, and was given jurisdiction that had been heretofore given the other two. That was in order to prevent delays and in order to prevent duplication of work, because a lot of the work at that time went over, first, the agent's desk and then Avent over to the Commissioner for the Five Civilized^ Tribes; then it was forwarded to the Commis- sioner of Indian Affairs, and from the Commissioner of Indian Af- fairs it went to the Secretary of the Interior. In order to prevent these delays and to avoid this duplication of Avork these offices were combined into one. This bill seeks to further prevent duplication of work and to prevent delays by giving the superintendent down FIVE CIVILIZED TEIBES OP INDIANS. 9 in Oklahoma final jurisdiction over certain matters. I want to say to the members of the committee, in order that it may be very clear, that it does not take away any supervision over the Indians what- ever. I want to emphasize clearly the fact that it does not take away anj^ supervision, and to disabuse anyone of the idea that we are trying to take away supervision over the Indians and giving any undue advantage in these matters to any white man. Let me say to you that this affects, as I said the other day, four things ;_ first, it affects the supervision of agricultural leases. At this point it may be well for me to explain for the benefit of those gentlemen who are not old members of this committee that to each of these Five Tribes was allotted what was known as a homestead allotment, and the remainder was surplus allotment. It varied a little in the different tribes. In the Cherokee Tribe it was land equal in value to 40 acres of land. That is rather peculiar language, but it depended on the character of the land that was taken. In other words, it was land equal in value to the 40 acres of the average al- lotable land. If it happened to be bottom land, it would probably be less; and if, on the other hand, it happened to be cheaper land it would be more. I think, however, the homestead in the Creek Nation was 40 acres. I am not so familiai' with that. Mr. Murray. The Choctaws and Chickasaws was $.520 worth. Mr. Hastings. I mean for a homestead. Mr. Murray. That was 160 acres on the average. Mr. Hastings. The rest was surplus. As to these agricultural leases, you gentlemen can readily understand that the value of the land varies greatly. It maj' be rich bottom land, it may be hillside land, it may be uncleared land, and it may be land that has no improve- ments, so that you can see that land may vary in rental value from 50 cents to $7 an acre owing to the condition of the improvements and the character of the land itself. Now, along comes a tenant, who goes to an Indian and wants to rent his land. He can not per- haps afford to spend money to improve the land for the rent of one year. He wants it for a longer term. He goes before the local Gov- ernment man. This man is an appointee of the Government. He is not elected by the people in the counties in which these Indians live, and therefore public opinion there does not control him. Now, what I desire and what this bill proposes, so far as agricultural leases are concerned, is to permit the local man in the field to investi- gate these questions as they are brought up, when those interested can be present and an agreement entered into to suit the circum- stances of each case. The question of the character of the improve- ments which are going to be made, the question of the terms and conditions of the contract, can be gone into and arranged for by the Superintendent of the Five Civilized Tribes at Muskogee. I think that lease should be approved by the local man and not sent to Washington. Mr. Gandy. How is he appointed? Mr. Hastings. He is nominated by the President and confirmed by the Senate. He is on a par witli the Commissioner of Indian Affairs. The CIl.^lF3.^^N. Your bill does not change the modus operandi in order that you may get what you want done in the field? Mr. Hastings. Not at all. 10 FIVE CIVILIZED TEIBES OF INDIANS. The Chairman. You ^YOulcl have it just the same as now? Mr. Hastings. Except that I would not have these matters for- warded from there to Washington. Since this bill was introduced — some time in January — and since this matter has been agitated, the Secretary of the Interior has given authority to the superintendent down there. The Carter. Did we not put that in the bill ? Mr. Hastings. It was knocked out on a point of order. I read the other day about how these new lease rules were work- ing. I shall take time to read again a news item from the Muskogee Times-Democrat : The new regulations which give the Superintendent of the Five Oivilizecl Tribes authority to approve agricultural leases in the Muskogee office is work- ing out to the advantage of all concerned and enables the local Indian office to dispatch business with rapidity. The first lease under the new regulations was approved to-day. The lease was executed on February 5 and approved four days later. The lessors are Arch and .Jenny Cloud, and Nancy Totingduck is the lessee. The land was owned by an old Indian woman who had no home. She wanted to lease the lands to obtain money with which to build a home. A 15-year lease was made. The woman was given a check to-day and the contract for the building of the house will be let to-morrow. Under the old system it would have taken perhaps months to get the lease approved. Mr. Johnson. What authority have you conferred on him? Mr. Hastings. This bill would give him authority to approve these leases. Mr. Sntder. If the authority has been given, and these leases are now made according to your bill and according to your desire, what is the use of going any further? Mr. Hastings. That is only one of the things that is sought to be accomplished by the bill. If this bill were defeated, or if an unfav- orable report were made on it, the Commissioner of Indian Affairs or the Secretary of the Interior could revoke the order at any time. What I want done is to have it fixed in the law. Mr. Sntder. You do not think the Secretary would do that if he found it satisfactory ? Mr. Hastings. I do not think he ought to do it. Mr. KoNOP. What are the other three things that you referred to a while ago? Mr. Hastings. I will come to them. The other things that are sought to be accomplished by this bill are these : First, the payment of any claims or any bills out of the restricted moneys of restricted Indians. Then comes the approval of oil leases, and then the re- moval of additional restrictions from restricted Indians. Brushing aside the question of agricultural leases, let me take up the question of payment of claims. I believe that I told you the other day that there were about 37,000 so-called restricted Indians in Oklahoma. Many of those restricted Indians were members of the legislature. Some of them were governors or chiefs of the different tribes; some of them sat upon the tribal court benches. They pre- sided over murder trials. Others occupied other county offices. Some of them represented the tribes here before committees of Congress, and so on. Now, a number of these are within the re- stricted class. Of these 37,000, I am advised that about one-third FIVE CIVILIZED TBIBES OF INDIANS. 11 have died since these laws were enacted. These laws were enacted away back 12 or 14 years ago. If one of these Indians has any money coming from any source whatever — it may be equalization money, in lieu of allotment of land ; or it may be from the sale of a part of his land, he has money to his credit; it may be from one of these agricultural leases or it may be from oil leases — if he is within the restricted class. A man can not buy a dollar's worth of anything unless the purchase is approved in advance. Unless authority is gotten in advance to expend the money, as I understand it, or the claim is sent to Washington for approval, they can not pay the claims. At any rate authority has to be gotten from Washington to approve every dollar's worth of expenditure either before or after the purchase, anyway before the payment. Now, gentlenien of the committee, there is too much delay in con- nection with this. This bill, if it passes, will give the superintendent of the Five Civilized Tribes the authority to approve any one of these claims. Wherever I go throughout my district I find that one of the biggest complaints arises from the delay which is experienced in the settlement of claims. Throughout the eastern part of Okla- homa there is a constant complaint in regard to the matter of hav- ing these claims paid. Let us take a very simple case. We will say, for instance, they go to a store in order to buy groceries or provi- sions of various kinds, or utensils, or they want money for any other purpose. An account is made out; it is investigated and O. K.'d by the local field clerk. That account goes to the superin- tendent for the Five Civilized Tribes at Muskogee. A great long report comes to the Commissioner of Indian Affairs at Washington ; from the Commissioner of Indian Affairs it goes to the Secretary of the Interior. You can see that the Commissioner of Indian Affairs does not have time to deal with questions of that kind. There are larger questions to which he should devote his entire time. What I desire, and what this bill seeks to do, is to allow the man who is nominated by the President of the United States and con- firmed by the Senate of the United States, and who is placed upon the ground in Oklahoma, to approve these bills that affect the in- Stat. L., 312), authorizes restricted Indians of the Five Civilized Tribes to lease their homestead allotments for one FIVE CIVILIZED TEIBES OF INDIANS. 33 year, and their surplus allotmeuts for five years, for agricultural and grazing purposes on their own initiative without the approval of the department. Few departmental leases, therefore, are executed. This law has resulted in pauperizing restricted Indians in eastern Oklahoma, and reducing them to indolence and destitution probably to a greater extent than all other conditions and influences combined. The department is handi- capped and unable in a very large majority of cases to secure substantial and permanent results from its efforts to induce these Indians to live upon their lands and cultivate them themselves. For example, restrictions may be removed from part of the allotment for the purpose of improving the remaining part. Either before the remaining part is improved or during its improvement or soon thereafter, the Indian is induced to execute a commercial agricultural lease, thereby divesting himself of the possession of his land and home, gen- erally for an wholly inadequate consideration, and moves away to live upon his friends, leaving the department helpless to perform Its duty. By over- lapping or continuing leases the law is evaded and the system is continued. Many cases in point might be cited, but the case of Agnes Nelson, nee Wade, a full-blood Chocta^v, roll No. 5361, only is submitted. She dresses as neatly as a white woman of her station and is well above the average full blood in appearance and intelligence. Her surplus allotment was sold in May, 1914, for $2,281, in order that her homestead might be improved. Our investigation of this case disclosed the allottee and her six minor chil- dren entirely without funds, living with charitable friends who were kind enough to take them in. Several weeks prior to letting the contract for the erection of a house jon her homestead she and her children were camping on a portion of the homestead, having nothing to shelter them from the elements than an old canvas wagon cover erected on poles, making a sort of tent without sides. Here, in the cold and rain in October and November, they lived, or rather existed, until the house was completed ; with a few old pots and pans as cooking utensils, and with some dirty, ragged articles of bedding to sleep upon. When the house was finished It was furnished for her at a cost of $112.60 ; a well was dug at a cost of $54.98 ; and the land was fenced at a cost of $112.50 for labor and $104 for fencing material ; a team, wagon, and harness were purchased for $385. After the land was fenced it was proposed to clear and put in cultivation a portion of it. Before doing this it occurred to us that the records should be examined to ascertain the condition of the title. This examination, to our chagrin, disclosed five different leases, executed by her, covering her home- stead, each "for the year 1915. This condition made us and her trespassers npon the land, and we could do nothing else but stop the improvements, leav- ing this Indian woman and her minor children to the mercy of the lessee, charity, or the elements of nature. In addition to the foregoing, the execution of such commercial leases oper- ates to restrict and obstruct proposed sales of allotted lands. The lessees make a practice of acquiring such leases in order to control or prevent sales, and the good intentions of the department are often frustrated and blocked when sales are attempted, the lessee being in a position to control or prevent the sale, and in practice exercise such obstructing methods with the view of being in possession at the death of the allottee in order that he may purchase the land at a nominal consideration. Section 2 of the act approved May 27, 1908, authorizes: "That all lands, other than homesteads, allotted to members of the Five Civilized Tribes from which restrictions have not been removed may be leased by the allottee if an adult, or by guardian or curator under order of the proper probate court if a minor or incompetent, for a period not to exceed five years, without the privilege of renewal : Provided, That leases of restricted lands for oil, gas, or other mining purposes, leases of restricted homesteads for more than one year, and leases of restricted lands for periods of more than five years, may be made, with the approval of the Secretary of the Interior, under rules and regulations provided by the Secretary of the Interior, and not otherwise: And provided further. That the jurisdiction of the probate courts of -the State of Oklahoma over lands of minors and Incompetents shall be sub- ject to the foregoing provisions, and the term minor or minors, as used in this act, shall include all males under the age of twenty-one years and all females under the age of eighteen years." 38147—16 3 34 FIVE CIVILIZED TBIBES OF INDIANS. WirXS OF INDIANS IN THE FIVE CIVILIZED TEIBES. Section 23 of the act of April 26, 1906, authorizes that : "Every person of lawful age and sound mind may by last will ana testa- ment devise and bequeath all of his estate, real and personal, and all interest therein: Provided Theit no will of a full-blood I^li^n devising real estate shall be valid, if such last will and testament c^isuiherits the parent, wife, spouse, or children of such full-blood Indian, unless acknowledged before and approved by a judge of the United States court for the Indian lerritory, or a United States commissioner." Section 8 of the act of Jlav 27, 1908, amendment thereto : ■ , ^ ^^ "That section twentv-three of an act entitled 'An act to provide for the final disposition of the affairs of the Five Civilized O^ribes in the Indian Ter- ritory, and for other purposes,' approved April twenty-sixth, nineteen hundred and six, is hereby amended by adding at the end of said section, the words ' or a judge of a county court of the State of Oklahoma.' " Section 23 of the act of April 26, 1906 (34 Stat. L., 137), authorizes a restricted Indian to devise and bequeath his restricted land or money by will and testa- ment, and was amended by section 8 of the act of May 27, 1908 (35 Stat. L., 312), by the addition of the following words : "or a, judge of the county court of the State of Oklahoma," so that a full blood may not dLsinherit a parent, wife, spouse, or child without the approval of the will. There appears no good reason why an Indian incompetent to transmit his affairs during his lifetime should be considered competent to dispose of his property at his demise. The history of wills executed in eastern Oklahoma by restricted Indians discloses that in practically all cases the property is disposed of unwisely and to the detriment of some member or members of the decedent's family. Many causes could be cited, but the following only is submitted : William Boiinson: On October 30, 1915, this full-blood Choctaw Indian, roll No. 13348, died in Choctaw County. Three days thereafter an instrument in writing, purporting to be the last will and testament of William Robinson, de- ceased, was filed in the county court under the terms of which V. Bronough, in no sense related to the decedent, was to receive the entire allotment, worth $4,100, upon the payment to the executor of the will of $1,050. • After a long hearing and examination of witnesses, said purported will was admitted to pro- bate in the county court. If this proposed legislation be enacted it "would result in great bene- fit to the Indians of the Five Civilized Tribes. In connection with the Hastings bill, I wish to invite particular attention to the report of Secretary Lane, recommending that it be not enacted. The report reads as follows: Depabtment of the Ijiteeiok, Washington, February 23, 1916. My Deab Me. Stephens : I am in receipt of your letter of January 13, 1916, transmitting, with request for report thereon, H. R. 108, entitled — " A bill to confer upon the superintendent for the Five Civilized Tribes in Oklahoma the authority now conferred by law upon the Commissioner of In- dian Affairs and the Secretary of the Interior respecting lands allotted to the enrolled members of the Five Civilized Tribes and their individual moneys." The annual report of the superintendent for the Five Civilized Tribes for the year ending June 30, 1915, shows that lands have been allotted to Indians of the Five Civilized Tribes in 40 counties of the State of Oklahoma, covering an area of 19,525,966 acres; that there have been enrolled 101,521 members, which comprises approximately one-third of the Indian population of the United States. By virtue of acts of Congress restrictions have been removed in a large number of cases, so that on June 30, 1915, there were 32 540 re- stricted Indians of the Five Civilized Tribes. They had 3,318 370 acres of re- stricted lands under the immediate supervision of the superintendent There are oil lands of Incalculable value in the Creek, Chickasaw, and Seminole Nations, which last year produced 27,098,994.02 gross barrels of oil in which the royalty interest of the Indian allottees amounted to $1,537 727 47 An FIVE CIVILIZED TRIBES OF INDIANS. 35 amnial rin-emie of .$354,^1.70 was dwived frdin ii^ricullni-al luitl oil-prDiUicing leases approved by this department. The vastness of the estate that Is being administered is apparent from tlie foregoing facts. The passage of tlie proposed legislation would, among otlier powers, place in the hands of the superintendent for the Five Civilized Tribes all leasing for oil and gas mining purposes, all removal of restrictions, all investments of individual Indian funds, and the settlement of innumerable quostio'ss of policy- arising out of these matters. By the act of June "O, i;s:i4 (4 Stat. L., TH-")), the Itepartmeat of Indian Affairs was established, witli a Conunissioner of Indian Affairs as its innnedi- ate executive liead and with supervision and appellate powers vested in the Secretary of War. See also iict of July 9, IS.'W (4 Stat. L., 564). By the act of March 3, 1S49 (9 Stat. L., 39.j), establishing the Interior Depai'tment, the supervisory and appellate powers previously exercised by tlie Secretary of War with relatirai to all acts of the Conunissioner of Indian Affairs were trans- feri-ed to the Seci-etary of the Interior, and the Indian Office was placed under the newly created department. Section 463 of the Revised Statutes of the Tnited States reads: " The Commissioner of Indian Affairs shall, under the direction of the Secre- tary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs, and of all matters arising out of Indian relations." , ,. v. , The above enactments are of long standing, evidencing a well-established governmental polic\-, applicable to the dealings of the Federal Government with Its wards. Justice Holmes, in delivering the opinion of the court in West v. Hitchcock (205 U. S., SO), said: " The Department of the Interior generally has been the custodian of Indian The re»-ulatioii of commerce with Indian tribes is a Federal obligation, the executive functions resting primarily upon the President. In the performance of many of his duties arising out of Indian affairs, as in other matters he acts through an appropriate department of the Government and through the chief officers charged with the immediate supervision of the affairs of that depart- ment (Wilcox r. Jackson, 13 Pet., 498.) . (?ne of the chief reasons for placing the conti..l of ^^'^^'f^^^ff^^.^X^^^ National Government was the local prejudice of people of the 'various States against the Indians. In ^Peaking thereof the Supreme Court m the celebrated case of United States v. Kagama (118 U. S. 375, 6b6), saia . ''The^eincllan tribes are the wards of the Nation. They are communities dependent on the United States. Dependent largely for their daily food^ De^ npmlPnt for their nolitical rights. They owe no allegiance to the States, and ence is necessary to t^f,/fP°™,^.,,^"i;ith litigation. Transference of jurisdic- departments^ ffeTs^ebf accompanied 4ith confusion, delay, and uncertainty tion would, I feel sure, oe accompa records and papers. If sole super- m obtaining information contained in sucn rec"^""^ Civilized Tribes in the Vision were granted to the supenntendent of the Five cm ^^ ^^^^^^^^ ^^^. 36 FIVE CIVILIZED TRIBES OF IN^DIAjSiS. Mr. Gabe E. Parker, the present superinteudeut of the Five Civilized Tribes, in his report of November 3, 1915, concerning the protest and pressure brought to bear upon Thomas Long, a full-blood Creek Indian, to induce him to Invest his accrued oil royalties (of which he had to his credit $60,000) in the purchase of certain land near Muskogee, Okla., said : "There is every pressure imaginable, not only from those who desire to separate the Indian from his money, but in many cases from Indians them- selves, brought to bear upon me to purchase various and sundry things with Indian moneys or to make loans on all kinds and classes of security, and even to pay out the money without restrictions thereon whatever, to individuals, guardians, administrators, and every other conceivable way possi))le, to get the money out of the hands of the department." This is but an Illustration of a situation. My experience leads me to the conclusion that to liestow such jwwer as is projjosed in this bill upon a field- official would place in serious hazard the moneys, the properties, and the wel- fare of our Indian wards. There is abundant evidence in the recoi'ds of this department to make nw feel that this would be a most perilous step. As condi- tions are now the superintendent of the Five Civilized Tribes is under the con- stant check of this department, and the very fact that the disposition of these great properties, while primarily passed upon by him, are subject to supervision by an authority that is removed from local influence, gives him a sti-ength which otherwise he could not have. We have millions of dollars of Individual Indian money on deposit in the banks of Oklahoma, and tens of millions of dollars of property that is under our care, control of which, in my judg- ment, should not be vested in the discretion of a single individual, no matter how honest he may be. I am satisfied that no private institution — a railroad, for instance, or a great t'state — would regard it as businesslike to do what is here proposed. I sympathize with the desire to decentralize as far as is practicable and wise the control of these properties, giving as wide a discretion as from time to time may seem advisable to local officials, but our trust can not be carried out in the highest gofid faith by throwing upon the shoulders of one man so great a burden of responsibility. Cordially, yours, Franklin K. Lane, Secret aril. Hon. John H. Stephens, Chairman Committee on Indian Affairs, House of Representatives. Senator Owen, of Oklahoma, offered an amendment to the Indian appropriation bill before the Senate Committee on Indian Affairs, giving the superintendent for the Five Civilized Tribes authority to remove restrictions. Secretary Lane submitted the foUovfing report in opposition to that amendment: Department or the Interior, Washington, Maroh 2, 1916. Hon. Henry F. Ashurst, Chairman Coinmiltce. o)i Indian Affairs, tliiUrd l^latcs ticnntc. My Dear Senator: By your reference of February 23, 1910, I am in receiiit of request for report on the amendment to the pending Indian aiipropriation bill proposed by Senator Owen, which has for its object the authorizing and direct- ing the superintendent for the Five Civilized Tribes to examine into the compe- tency of adult restricted members of the P'ive Civilized Tribes, and to deliver to the competent members "certificates of competencv." The item carries an appropriation of $25,000. I am in sympathy with the purpose of this amendment, but not with th^ machinery that it is pro))osed to use for the end desired. In a word, I am in favor of segregating the competent adult and reistricted Indians of the Five Civilized Tribes and giving to such competents " certificates of competency." That is to say, I am in favor of turning competent Indians loose and making them self-dependent, but I don't think this burden should be cast upon the superintendent of the Five Civilized Tribes. I think it should be undertaken by men appointed by me and responsible to me. I have now in the field two commissions, one headed by Maj. McLaughlin, for many years an liwpector in this department, and the other headed by Maj. Thackery, one of our moist FIVE CIVILIZED TEIBES OF INDIANS. 37 competent Iiulian agents, both of which are passing from reservation to reserva- tion, selecting those Indians who are competent to handle their own affairs ; and I have now iu hand the papers relating to several hundred such cases, and in due time these Indians will, by virtue of the authority that is vested in me, be released from their status as wards of the Government and given entire con- trol over their afCairs. I expect to have more men put at this work in the near future, and to undertake it as a very serious part of our Indian work. I would be pleased, however, if Congress were to authorize the employment of additional inspectors to meet this problem in an adeQuate manner. In this connection I beg to quote from my annual report to the President in 1914 : " It is tlie judgment of those who know tlie Indian best, and it is my conclu- sion after as intimate a study as practicable of his nature and needs, that we should henceforth make a positive and systematic effort to cast the full burden of independence and responsibility upon an increasing number of the Indians of all tribes. I find that there is a statute wliich significantly empowers the Secretary of the Interior to do this in individual cases. That authority Is adequate. And as soon as the machinery of administration can be set in motion I intend to use such authority. If year l)y year a few fi-om each of the tribes can be made to stand altogetlier upon their own feet we «'ill lie adding to the dignity of the Indian race and to their value as citizens. To be master of himself, to be given his chance — that is the Indian's right when lie lias proven himself. And all that we sliould do is to help him to make ready for that day of self-ownership. " Viewed in this light, the Indian problem is incomparalily larger to-day than it was when the Cherokees were gatliered up from the Soutliern States and sent into tlie unknown across the Mississippi. In 1830 the problem was liow to get the Indian out of way. To-day tlie iiroblem is how to make him really a part of tlie Nation. This blend of wisdom, dignity, and childishness, this creature of a noncommercial age, has been brought into a new day when all must live by conforming to a system that is as foreign to him as the life of the Buddhistic ascetic would be to us. Slowly through a century and more of tortuous experi- ence he has come to see that it is not our purpose to do him harm ; but he must learn to find his place in an economy tliat antagonizes every tradition of his 10,000 years of history. How, then, are we to get into the mind of this soldier-sportsman the fact that the old order has passed away and that the gentleman of to-day earns his^ right to live by his usefulness — thsit the American can not be a man and a ward at the same time? " It is a strange thing indeed that we should be concerning ourselves so largely and spending so many millions each year for the remaking of the people who are the truest of Americans. It shows how anxious to be just and willing to be generous are our people. They feel with a quick conscience how cruel it would be to introduce this primitive man into a harsh, competitive world of business with a code of its own more foreign to him than that of the Rushido ; too mnch, they fear, like pitting Little Boy Blue against Shylock in a trade. Let us franldy state the fact— there is such a thing as being too unselfish, and this the Indian too often is, for he has not gained a forecasting imagination. His training has not given him the cardinal principle of a competitive civiliza- tion, the self-protecting sense. It is not instinctive in him to be afraid of starving to-morrow if he is generous or wasteful to-day. And work? Why work if not necessary? Is it not, as an Osage chief once reprovingly said to me, is it not the hope of every American that he may some day be a gentleman who does not work? ., " We are bent then, upon saving the ludlan from those who would despoil him until the time comes when he can stand alone. And that time comes when he has absorbed into his nature the spirit of this new civilization that he has become part of. This is certainly a revolution we are expecting— an impossi- ble revolution in some natures— the substitution of a new standpoint for one long taught by fathers and grandfathers. Truly such a transformation is not to be worked like some feat of legerdemain, by a turn of the wrist. Bayonets can not do it- money can not do it. We can force men to work. We can keep them without work. These two methods we have tried with the Indian, and thev have failed in leading him toward the goal of responsible self-support. Adaptation to new environment comes from education, through experience. We therefore have the task of introducing a new conception into the Indian mind This is not a thing that can be done wholesale. It becomes an mdi- ^dual problem, and our hope lies in schools for the young and in casting more Tnd more responsibility upon the mature, and letting them accept the result. 38 FIVE CIVILIZED TRIBES OF INDIAN'S. " Wliat should the best be In passing upon the fitness of one who is to be sent out Into the world? Plainly his ability to handle himself, to care for him- self so that he will not become a charge on the commnnity. To be a rich In- dian is not a (|ualiflcation, for his wealth may indicate, and generally does, • nothing more t lian good fortune. In the land lottery some drew prizes and some blanks. Nor should the degree of blood be the best, nor education. For many of those who are wisest in counsel and most steady in habits and sturdy in character are uii-Jncated full bloods. The man who can "do " for himself is the man to be leleased. And he is the man who thinks not in terms of the Indians' yesterday but in terms of the Indians' to-morrow. One whose imagi- nation can take that leap and whose activities will not lag behind. It Is to be remembered that we are not looking for an ideal Indian nor a model citizen, but for one who should not longer lean upon the Government to manage his affairs. " There are many thousand Indians in our charge who are entirely self-sup- porting, capable, thrifty, farsighted, sensible men. And singularly enough these are' most often found among those tribes which were most savage and ruthless in makins war upon the whites. Some of these are indeed so farsighted that they dii not wish to enjoy full independence because their property would then become sub.iect to taxation. Others are attached by a tribal sentiment and by the natural conservatism of the Indian to existing conditions. Still others are held to governmental control in part because of the entanglement of their tribal affairs. The Government will not do its duty toward itself or toward these Indians until men of this class are fully released. There is a second class, made up of those willing to work but not knowing how, and a third class, of those who know how but have no tools. For these there is help — the teacher farmer for the one and a small loan in the form of tools for the other. There are those, too, for whom it is too great a jump to pass from hunting to farm- ing, but who can herd cattle, and for these the G(>\ernment is providing herds for their ranges. Congress has been liberal in its appropriations for thesfe things, and with a stable policy and administrative efficiency these Indians can be gradually lifted into usefulness, full self-support, and into entire inde- pendence. Then there is the ' proud ' red man who idly clings to the traditions of his race and talks of its past with such dignified eloquence, declaring in one glowing moment against the injustice of rectuiring service from those who once owned the continent and in the next sentence pleading for rations. Thig man is half brother to him who has degenerated under the orphan-asylum sys- tem into a loafer. My confidence is that for all these there is some hope, for most of them much. " To turn the Indian loose from the bonds of governmental control, not in great masses, but individually, basing this action upon his ability to watch his steps and make his way, not in any fool's dream that he will advance with- out tripping, but in the reasonable hope that he will develop self-confidence as he goes along; to destroy utterly the orphan-asylum idea, giving charity only to the helpless and in gravest emergencies; to teach the Indian that h,e must work his way, that the Government will no longer play the part of Elijah's raven; to convert the young to our civilization through the creation of ambi- tions and desires which the blanket life can not satisfy ; to organize each group of Indians into a community of sanely guided cooperators, who shall be told and taught that this Government is not to continue as an indulgent father, but as a helpful, experienced, and solicitous elder brother— this program we are adventuring upon. It may be inadequate, but it is surely a long step on the road which the Cherokees took. " To carry out this policy there should be continuity of purpose within Con- gress and within this department. The strength of the administration should be turned against the two enemies of the Indian— those who out of sentiment or for financial reasons keep the Indian's mind turned backward upon the alleged, glories of other days and the injustices that have been done him and those who would unjustly take from him the heritage that is his." Cordially, yours, Franklin K. Lane, Secretary. The Indian Eights Association has issued a circular in opposition to the Hastings bill, and T have been asked to include that circular, S'lVE CIVILIZED TBIBES OE INDIANS. 39 with the consent of the committee, in the hearings on the Hastings bill. The circular reads as follows: national protection fur okl.ahojia ixd1an«— -uangekous legislation pro- posed arfeoting the eivb civilized tribes. Indian Rights Association, .995 Drexel B-uilding, Philadelphia,- Pa., January 20, 19'M. Three years ago public indignation was aroused over the exploitation of the estates of minors belonging to the Five Civilized Tribes in Oklahoma, as revealed on the floor of Congress, when the astounding statement was made that the cost of administering the estates of Oklahoma Indian minors, where professional guardians were employed, was in excess of 19 per cent of the property handled; and In one county at least in which estates valued at $l,172,0fl0 were involved, the cost of administration was $246,000, o? 20.13 per cent. The cost of administration of white minors' estates in the same county was 1.7 per cent. This condition was rendered possible by operation of the act of May 27, 1908, which reads as follows : " Sec 6. That the persons and property of minor allottees of the Five Civil- ized Tribes shall, except as otherwise specifically provided by law, be subject to the jurisdiction of the probate courts of the State of Oklahoma. "Sec. 9. That the death of any allottee of the Five Civilized Tribes shall operate to remove all restrictions upon the alienation of said allottee's land: Provided, That no conveyance of any interest of any full-blood Indian heir in such land shall be valid unless approved by the court having jurisdiction of the settlement of the estate of said allottee ; * * * » Twenty probate attorneys were appointed by the Secretary of the Interior to assist in the task of protecting the Indian estates. The services of this large force of officials were made necessary to conserve the property of deceased Indian allottees and minors from whom restrictions had been removed, and which were by law placed under the jurisdiction of the probate courts of Oklahoma. The estates of minors and others remaining in the restricted class and directly under the care of the Secretary of the Interior have not suffered to the same extent. The pillaging of Indian property continued to such an extent that the Commissioner of Indian Affairs, jointly with the probate courts of Oklahoma, outlined a code of " Rules of procedure in proljate matters." These rules were afterward adopted by the justices of the supreme court of Oklahoma. While this code of rules has aided materially in protecting Indian estates, its scope has been limited by the recent Legislature of Oklahoma. The failure of the Oklahoma Legislature to approve the rules of probate to meet the existing exigency is ominous of the fate awaiting the estates of Indian minors and ■ deceased Indian heirs in the event of any further relinquishing of authority which remains vested in the Interior Department. It Is important to bear in mind that this plundering of the Indian estates was a result of the operation of the law relieving the Secretary of the Interior of any control of the Indian property thus exploited. On the opening day of the present Congress, Hon. William W. Hastings, of Oklahoma, introduced a bill (H. R. 108), which provides — " That the superintendent for the Five Civilized Tribes in Oklahoma shall, after the passage and approval of this act, have and exercise all the authority now conferred by law upon the Commissioner of Indian Affairs and the Secretary of the Interior, or either of them, respecting the lands allotted to the enrolled members of the Five Civilized Tribes in Oklahoma and their individual moneys." We may safely conclude that similar results would follow the enactment of this bill into law as have been shown to have resulted from the former act of Congress already cited, by which the Federal Government released its juris- diction and control over the Indian property. The care and control over our Indian population is a national duty resting upon the security of the Constitution, and should not be delegated to others without the greatest care being exercised to see that local iiifluonces will not prevail, under the changed conditions, against the best interests of the Indians. The 101,521 Indians of the Five Civilized Tribes represent more than one- third of the Indian population of the United Stiites. Of these, 32,540 are known 40 FIVE CIVILIZED TRIBES OF INDIANS. as restricted Indians, their liroperty being held- in trust by the ^l^^^^'')l^\f^2,' ernment. Of the 19,525,966 acres of land belonging to the Five Civilized i-rioes, over 15,000,000 acres were allotted, of which there remain 3,318,370 acres ot allotted land which are under the care of the Government and within the juris- diction of the superintendent of the Five Civilized Tribes. This does not in- clude the million and a quarter acres of segregated coal and timber lands. The superintendent in a recent report states that the area of lands within that jurisdiction is three times as large as the State of Massachusetts, and twenty-four times as large as the State of Rhode Island. The enormous wealth represented by this vast property interest is proposed by the pending legislation to be transferred from the Secretary of the Interior to the full control of the superintendent of the Five Civilized Tribes located in Oklahoma. OfHcial reports show that to the close of the last fiscal year there had been collected and deposited $19,500,000 of tribal moneys by the superintendent and this fund was deposited in various Federal and State banks; and there is jet due the sum of $7,050,000 from tribal lands heretofore sold, in addition to $5,000,000, the estimated value of the surface of the coal lands. The lowest official estimate upon the value of the coal and asphalt deposits on the 431,00 acres of segregated coal lands is $12,000,000, while the tribal superintendent of mines h,as placed their value at $100,000,000. By the act approved August 1, 1914, the offices of the Commissioner to the Five Civilized Tribes and superintendent of Union Agency, Okla., were abol- ished ; the position of the superintendent for the Five Civilized Tribes was created and the duties formerly performed by the officials holding the two po- sitions abolished devolved upon the present superintendent, subject to the ap- proval of the Secretary of the Interior. The royalties on oil and gas received from the property of 6,000 restricted Indians amounted for the last fiscal year to $1,537,727.47. A share of this immense fund has been heretofore invested by Government representatives in city and other property, which through lack of care, more especially in pur- chases for permanent investment, has resulted in great loss to the Indian estates. If these wards are to be protected, a closer supervision must be had on the part of the Federal Government rather than relinquish any of the power which may now be exercised. We must judge of the future by past experience and from that viewpoint no other conclusion can be reached than that of holding that if the jurisdiction over the afEairs of the Five Civilized Tribes is transferred from the department at Washington and vested in the superintendent resident in Oklahoma in charge of these Indians, another era of ravishment of Indian estates will result. It may be claimed in reply that the proposed legislation provides that the Superintendent of the Five Civilized Tribes shall continue, as at present, to be appointed by the President, and not by the State of Oklahoma. The appoint- ment, howevei-, is purely a political one. since the candidates for the position must be confirmed by the Senate, thus brinning it withia State patronage. No reflection upon any particular superintendent or official is intended by these statements. The fault lies in the system and the proposed transfer of authority as outlined by the pending bill. No official can escape the in- fluences brought to bear, often with ulterior motives, to secure an unfair ad- vantage in dealing with these questions. The Superintendent of the Five Civilized Tribes recognizes the herculean efforts put forth to secure advantages over the Indians under his care. In his report, dated November 3, 1915, addressed to the Hon. Commissioner of Indian Affairs, the superintendent states : " There is every pressure imaginable, not only from those who desire to sepa- rate the Indian from his property, but, in many cases, from Indians themselves, brought to bear upon me, to purchase various and sundry things with Indian moneys, or to make loans on all kinds and classes of security, and even to pay out the money without any restrictions thereon whatever to individuals, guardians, administrators, and every other conceivable way possible to get the money out of the hands of the department." The claim will no doubt be made by the advocates of the pending bill that the delays incident to disposing of cases coming before the Department of the Interior for determination render necessary the transfer of the jurisdiction to the superintendent who is immediately In charge. While delays, no doubt, sometimes occur In certain cases, It Is believed that the Immense authority of the Government at Washington will be more effective FIVE CIVILIZED TRIBES OF INDIANS. 41 ^c!S^^^"® business and also safer for the interests involved than the pro- posed plan of committing the responsibility to a superintendent residing in Oklahoma who is a political appointee. The flies of the Interior Department bear abundant and conclusive evidence to support the position herein presented. (H^R^IOS)''""'' ^'^"^'^*^® "^'"^ ^® exerted in opposition to the pending bill On behalf of the Indian Rights Association. CaKL E. GRAltitEE, President. Herbert Welsh, Corresponding Secretary. Mr. Miller. I got a copy of that. I spoke to a gentleman here who very greatly discredited Mr. Brosiiis. Do you know him ? Mr. Meritt. Yes, sir. Mr. Miller. Should he be discredited, in your opinion? Mr. Meritt. I have known Mr. Brosius for a number of vears and~I have always found him to be a thorough gentleman. Mr. Miller. Is this Indian Eights Association a reputable asso- ciation ? Mr. Meritt. Yes, sir; that association has been organized prob- ably for a. period of 45 or 50 years. Mr. Miller. Have they a financial interest in this question other than philanthropy? Mr. Meritt. None whatever. Judge E. C. Allen, national attorney for the Creek Nation, has written a letter, dated March 20, 1916, to the chairman of the House Committee on Indian Affairs in opposition to the Hastings bill. Judge Allen and Commissioner Sells have requested that this letter be incorporated in the hearings. It is requested .that the letter be incorporated at this point. It reads as follows : aiAHCH Ul). 1916. Hon. John H. Stephens, Chairman House Committee on Indian. Affaiifi. Wanhinnton. D. C. Dear Sir : In order to understand fully the Hastings bill and the effect that this proposed legislation might have upon the Indians of Oklahoma, it is neces- sary to review briefly the history of previous legislation. Section 22 of an act of Congress approved April 26, 1906 (.34 Sfat., 137), provides : " That the adult heirs of any deceased Indian of either of the Five Civilized Tribes whose selection has been made, or to whom a deed or patent has been issued for his or her share of the land of the tribe to which he or slie lielongs or belonged, may sell and convey the lands inherited from such decedent ; and if there be both adult and minor heirs of such decedent, then such minors may join in a sale of such lands by a guardian duly appointed by the proper United States court for the Indian Territory. And in case of the organi/.ation of a State or Territory, then by a proper court of the county in which said minor or minors may reside or in which said real estate is situated, upon an order of such court made upon petition filed by guardian. All conveyances made under this provision by heirs who are full-blood Indians are to be sul},iect to tlie approval of the Secretary of the Interior, under such rules and regulations as he may prescribe." Subsequent to the passage of this legislation Oklahoma was admitted into the Union as a State, and immediately the delegation from Oklahcjina began to clamor for a broader jurisdiction to be vested in the local officers. It was conceived at that time by the delegation from Oklahoma that it would be proper for the county judges," who are elected by the people of our State and are charged with the responsibility of administering the aifairs of minors and incompetents, and in addition to this they are required to give a bond for the faithful performance of their trust, that such an office could -well be trusted with the administration of estates of minors and incompetent Indians. So upon 42 FIVE CIVILIZED THIBES OF INDIANS. the iii-isteuee of tlii^ delegation CNiiigress was persuaded to adopt sections 6 ^nd 9 of the act of Ma.v 27. 190S (35 Stat., 312), which provide as ioUoviS. " Sec 6 Tliat the person and property of minor allottees of the Five Cmlized Tribes shall except as otherwise specifically provided by law, be subject to the furismcuon ol the pr<.bate courts of the State of Oklahoma. The Secretary of the Interior- is hereby empowered, under rules and regulations to be prescribed bv him to appoint such local representatives within the State, of Oklahoma who shall be citizens of that State or now domiciled therein as he may deem necessary to inquire into and investigate the conduct of guardians or curators having in charge the estates of such minors, and whenever such representative or representatives of th.e Secretary of the Interior shall be of opinion that the estate of anv minor is not being properly cared for by the guardian or curator, or that the 'same is in any manner being dissipated or wasted or being per- mitted to deteriorate in value by reason of the negligence or carelessness or incompetency of the suai-dian or curator, said repres»ntative or representatives of the Secretary of the Interior shall have power and it shall be their duty to report said matter in full to the proper probate court and take the necessary steps to have such matter fully investigated, and go to the further extent of prosecuting any necessary remedy, either rivil or criminal, or both, to preserve the property anil protect tlie interests of said minor allottees; and it shall be the further" duty of such representative or representatives to make full and complete reports to the Secretary ^ the Interior. All such reports, either to the Secretary of the Interior or [o the proper probate court, shall become' public records and sub.iect to the inspection and examination of the public, and the necessary court fees shall be allowed against the estates of said minors. The probate courts may, in their discretion, appoint any such representative of the Secretary of the Interior as guardian or curator for such minors, without fee or charge." " Sec. 9. That the death of any allottee of the Five Olvilized Tribes shall operate to remo\"e all restrictions upon the alienation of said allottee's land: Provided, That no conveyance of any interest of any full-blood Indian heir in such land shall be valid unless approved by the court having jurisdiction of the settlement of the estate of said deceased allottee : Provided further, That if any member of the Five Civilized Tribes of one-half or more Indian blood shall die leaving issue surviving, born since March fourth, nineteen hundred and six, the homestead of such deceased allottee shall remain inalienable, unless restrictions against alienation are removed therefrom by the Secretary of the Interior in the manner provided in section one hereof, for the use and support of such issue, during their life or lives, until April twenty-sixth, nineteen hundred and thirty-one ; but if no such issue survive, then such allottee, if an adult, may dispose of his homestead by will free from all restrictions; If this be not done, or in the event the issue hereinbefore provided for die before April twenty-sixth, nineteen hundred and thirty-one, the land shall then descend to the heirs, according to the laws of descent and distribution of the State of Okla- homa, free from all restrictions : Provided further, That the provisions of sec,-, ' tion twenty-three of the act of April twenty-sixth, nineteen hundred and six, as amended by this act, are hereby made applicable to all wills executed under this section." As you will observe, section 6, in addition to giving full jurisdiction over the estates of minors to the county courts, authorized the Secretary of the Interior to appoint representatives, whose duties it should be to watch over the estates of Indians and report to the Secretary of the Interior. For the purpose of paying the expenses of these representatives, then known as district agents, there was appropriated the sum of $90,000. These agents became officious in the administration of probate affairs in Oklahoma and often retarded the progress of corrupt and designing grafters in looting the estates of helpless children. These designing persons then started the hue and cry of Federal interference with the administration of the estates of minors who had been committed to the jurisdiction of the State courts. So loud was their protestation that it found its way into the National Capitol and caused many good men to believe that they were, in fact, a nuisance in the administration of the affairs of Indians, and some of the Representatives in Congress from Oklahoma earnestly sought to have the system abolished. In this fight there was no other man who stood out so steadfastly for the , Indians as did my friend, and Representative, Mr. Hastings. In a letter written to the public and handed to the press on March 14, 1912, » Mr. Hastings, after reviewing the very wise and wholesome legislation creating FIVE CIVILIZED TEIBEB OF INDIANS. 43 the office of distiict agents, and .lustit'yinp; the appropriation and con- deiuniny iis critics, continued as follows: " Tlie district a.ueuts are the advisors of the restricted Indian ; they assist him in making agricultnral leases, in the colled ion of rents from his lauds, in dispossessing tenants who are trying to hold over; the district agents receive applications for the removal of restrictions and report upon the same, and if the restrictions are removed either conditionally or unconditionally they appraise the land from which restrictions have been removed and assist the Indians in getting its fair and reasonable value; and if the restrictions are conditionally removed the money is paid to the restricted Indian in such amounts as is thought advisable through tirese district agents, who assist them in the expenditure of the money to the best advantage of the Indian; the district agents cooperate with the probate courts to the end that the accounts of guardians are checked up, reports made, and that their funds are not squandered ; the district agents in fact hear every kind of a grievance of the full-blood or restricted Indian, and they do what they can to assist them just as every mother and father does what he or she can to aid and advise their minor child. No honest probate court is opposed to the cooperation of .1 fair-rriiuded, upright official. Every county judge in eastern Oklahoma, every tribal attorney and every tribal chief has written a letter favoring the district agent system. " We miglit as well be frank about it. Kverybody who is familiar with the Indian, his history and tradition, knows that he needs assistance in the man- agement of his lands. Sixteen hundred and eighty full-blood Oherokees who were arbitrarily allotted land refused to take the patentu sent to them through the mails out of the post office, and they refused to go ui)on the land or accept any proceeds therefrom. Will any intelligent person say that these poor mis- guided people do not need assistance, that they are able to care for themselves, or that they will protect themselves? The truth is that every one knows who is at all familiar with the Imlian tliat he will not assert his rights in a civil suit. Ask the lawyres of the country how many civil suits they have had for full-blood Indians. Some of them will answei- that they have had a few. That is quite true. They are an exception, and if these Indians are competent to manage their own affairs then I am in favor of removing the restrictions from their lands and let them manage their own affairs, but I know, and every good citizen throughout the eastern part of Oklahoma knows, that if the district agents are abolished that in less than a year there will be thousands of illegal leases, deeds, and other encumbrances filed of record upon their lands. If there are no local agents to assist the Indians, to advise him of his legal rights, to help him to get into court, to help him prepare his case, and to get his wit- nesses, no civil action would be brought and the man in the illegal possession would retain it. Every land speculator and grafter in eastern Oklahoma knows this, and every one of them is stirring up public sentiment against the district agent, and every one of them is causing as many letters to be written as possible to Members of Congress against them. If any district agent is either dishonest or incompetent, he should be removed. I am defending the system, not the individual, and I am trying to arouse public sentiment against the wholesale attack of the system. I have had occasion to closely observe the work of the district agents, and I know that tJiey have been compelled to ad- versely report upon many leases, applications for the removal of restrictions, payment of claims, and other things submittted to them. Every disaptiointed man is against them. ..- ~ -■" -■— ■ , "Through my veins courses Cherokee blood. I ti-ust that I will not live long! enough to see the full-blood menibers of my race homeless in their own country,*' wanderers in theii- own land. Tliey thought they were protected by the old , treatie.s, binding upon them and sacred to them ; they resisted the change in their form of government: they did not invite the indi\idualization of their lands, because they had never been use:l to an individual title, and they appre- ciated that they had never had any experienie in dealing with the title to lands. Their fears were justified, for the records sliow that thousands of leases, deeds, and other evidences of encumbrance in violation of protective provisions of law for mtle or no consideration have been gotten froin them and placed "of record.). "Withoivt'the a's.sistuuce of focal men in fheTield all 'of these illegaT Teases and deeds might as well lie \;i]idated. Everybody knows this. Why not speak the truth? What the futtu-e of the Indian in eastei'u (Wdahoma is to be is a great problem Tlie State is doing a comnieiidalile work, so are the county judges and the district agents. Many i)eople would not unfairly deal witli a white man 44 FIVE CIVILIZED TRIBES OF INDIANS. Who would uot hesitate to rob an Indian. They know he Is powerless to heljp himself and that he will not arouse public attention. The Gevernment is now paying 16 district agents $1,800 each per annum to aid m some measure in ineir protection, and I am sure that no fair-minded citizen, white or red, whose gooa opinion is prized, will believe that the.se Indians should lie set adritt, roDoea of their lands without the assistance of the (lovernmeut. Millions ot dollars are being appropriated for pensions, for inaintalnlng the Navy, for enlarging and supporting the Army, for the government of the Philippine Islands, and for other governmental expenditures, and hundreds of thousands of dollars are being appropriated for costlv public buildings to be erected throughout the country, and yet when the small appropriation is asked to help save a vanish- ing race from its own improvidence we are met with the cry of economy. The report is being circulated that the district agents are retarding the settle- ment of tribal affairs. Everyone knows this is untrue. The Whitmlre suit and the suit to prevent the enrollment of minor children have postponed the settlement of Cherokee affairs. We will need the district agents long after our affairs are settled. Their continuance has nothing to do with our final settle- ment. Every schoolboy knows this. I am urging, in season and out of season, a final settlement every minute. Let's not muddy the water. This issue Is clear. Are you in favor of protecting the admittedly incompetent full-blood Indian? " The best years of my life have been gi\'en to the service of the Cherokee people, and I am determined now to do what I can for their protection. There are a few good fights left in me yet. and I appeal to the public conscience for their assistance." The author of this bill, Mr. Hastings, was for about 15 years, if I am not mis- taken, attorney for the Cherokee Indians, during which time he served them with distinguished loyalty and devotion. Evidently he did not at any time con- ceive that it would be beneficial to his tribe of Indians to enact legislation such as he proposes, for if there was any one thing Mr. Hastings was more con- spicuous In than another it was his fearless advocacy of any cause he believed to be in the interest of his tribe, and not once during the term of his office did he advocate the vesting of jurisdiction in the local representative of the Secre- tary of the Interior, such as is proposed by his bill. On October 16, 1911, which was prior to the date of Mr. Hastings's 'letter to the public, I find that I was in perfect accord with Mr. Hastings and his effort to save the district agents, for on that date I wrote to Mr. Kelsey at Muskogee the following letter : " Wagoner, Okl.\., October 16, 1911. " Hon. Dana H. Kelsey, " United States I'lidian Ayent, Miii-koijee, Okla. "Dear Sir: Since the establishment of the district Indian agencies I have observed carefully the -work being done by them, and I desire to say that in my opinion the Indian people have derived greater benefit through that system than through any other ever adopted by our Government. By this means the agents of the department are brought in direct contact with the Indians and those with whom they deal, and are therefore placed in a better position to understand and appreciate their real needs. "Until I was brought into contact with the Indians and with those with whom they were dealing, as trial judge in many cases, I believed in the unquali- fied removal of restrictions. I desire to say now that I believe it is a mistake to permit an unqualified removal of restriction in any cases. The only way that the Indian can be protected Is by Government supervision, and I am heartily in favor of removing the restrictions from a part of the lands of the Indians only upon condition that the proceeds from the sale of the land be paid to the Indians upon recommendation of the district agents. My experience with the district agents in this part of the State has convinced me that they are doing all in their power to safeguard the interests of the Indian people, and they have by their fair treatment won the respect of both the Indian and . the white race. And I believe if the district agents were given entire super- vision of the Indian lands that the Indian would receive a fair price for the lands sold- and would receive the consideration in a way that would be most beneficial to them. " I have not had occasion to Investigate the conduct of many of the county judges in this State, but I believe that the county judges in Muskogee, Wagoner, Mcintosh, and Tulsa Counties, whicli counties, I have observed, have been greatly assisted by th(> district agents in the mnnagenient of the estates of the Indians. FIVE CIVILIZED THIBES OF INDIANS. 45 And where, as in the counties mentioned, the county courts and the district agents woriv hi perfect liurnion.x- the benefit ttcci'uing to the Indians would amply justify the expenditures attached to this department. " Trusting that the Indian afjents may he maintained in this State, I beg to remain, as ever, " Your friend, R. G. Allen, Dlstrirl Jadye (Third J iidirinl District), Wagoner, Olda." Wlien tlie matter of appropvlatins $100,000 to continue the district agents in office, whicli provision was contahied in the Indian appropriation bill for the fiscal year ending June 30, 191i!, Mr. Ferris, of Olilnhoma, expressed himself in the following manner : Mr. Ferrts. Mr. Spealcer, the ((uestion under consideration involved whether or not tlie Federal Government sliall pay .flOO.OOO to perpetuate what is known as tlie district agents longer in Oklalioma. Tlie history of tliat legislation can be stated in a word, ^'ice President Sherman, then chairman of the Committee on Indian Affairs, said at the time this item first went into the bill that we would probably need agents there, perhaps one or two years. They went in there ts a temporary matter, while we were emerging from a Territory into a State. They have now been tliere five years, and now the State is well fur- nished with otfieers. The Indians hold the elective offices right by the side of the whites. The governor of the State is an Indian citizen, the lieutenant gov- ernor is an Indian citizen, the president of our constitutional convention was an Indian citizen, ad the present speaker of the legislature is an Indian. The Indians liold more offices than they are entitled to hold, according to the pro rata or percentage of population between the Indians and the whites. Here comes a strong protest, inculcated, steeped out, brought about by the very men who desire to perpetuate themselves. Here they are spending the Indians' money, .spending the money of the Federal Government sending telegrams, journeying to VV'ashingtoii, roasting in the galleries, conjuring up figures to prove they should hold on forever, digging up scandal, befouling their own nest, trying to injure the State, uU because they desire to perpetuate themselves. * -t •% jk ^ "l! :^ "I tell you, sirs, the Indians do not want such detailed supervision. It has the opposite effect from the one intended. It retards ; it does not improve. It stifles and weakens ; it does not encourage and strengthen. It does not move Indian matters to a final conclusion; it complicates ^nd confuses. Surely it is intended and hoped for by us all thai the Indian problem will some time termi- nate. It will not be accomplished by a total withholding of his funds, by a total withholding of his lands, by a total refusal to grant him the very most elemental task. I charge no bad faith on the part of anyone. It is merely a disposition to hang on forever to a job that ought to have been abolished years ago. Remove some of the surfeited and overabundance of supervision and let the Indian stand partially on his own pegs. His money and land.s are all tied up. There is no way he can spend it or sell it. Federal restrictions are on tight as a drum. Why, my friends, I have seven counties in the Five Civilized Tribes. When I go around in my campaign the leading citizens in those counties are Indian citizens. The men who serve on the reception committees who meet me and other public men are Indian citizens. Charley Carter, Sena- tor Owen, can not expend their own money to-day. It is tied up tight. What a pathetic sight that is. The governor of our State can not expend his money, but they send some little pipestem whippersnapper down from Washington, JSTew York, or Kansas, and they are to supervise, to nose around the affairs of a people who knovs^ more than they do. Why, the speaker of our dower house of the local legislature is a full-blood Indian. Then, wlien we come to seek to save $100,000 for the Federal Treasury, when we seek to get rid of a service that prevails nowhere else, a service we do not want and the Indians do not want, here comes a storm of protest and some telegrams from Boston telling us what we need and must have in Oklahoma. "Why, I visited Boston this year; it is one of the most beautiful cities in the world, and yet you would not expect her to be an expert on Indian matters, would you? I do not presume that 1 per cent of the population of the city of Boston ever stepped foot in Oklahoma ; I do not presume that a half per cent of the citizens of Boston ever shook hands with an Indian ; I do not presume that 10 per cent of them ever crossed the Mississippi River, yet they are sending telegrams telling Congress what to do about Oklahoma employees and against 46 FIVE CIVILIZED TRIBES OF INDIANS. the combined judgment of Democrats and Republicans, Indians and winter and the bulk of all our people who know the facts and do not desire to horn tne lobs I toll you, sirs, we have left enough money in this bill for employees. In my iidgment too much. You can have 141 people and pay them $2,000 a year. One-half of them ought to be fired to-day, not to-morrow, and here comes my good friend, and I say it with all kindness and all earnestness from^South Dakota (Mr. Burke), and he is urging the retention of these Interior Depart- ment employees. I have nothing against them personally-not one of them. My Jriend from South Dakota (Mr. Burke) is so sympathetic in disposition that he has gone wild and gone mad in order to save those employees their posi- tions until after the next election. My friends, we will give all the 141, at JC2,000 per year, a passport from our State, and we will send them back to you, if they must have appointments. * * *" I simplv call your attention to the difference in opinion upon Indian ques- tions that was entertained by the two gentlemen from Oklahoma, Mr. Ferris and Mr. Hastings, who have been urging the adoption of this measure, at a time when Mr. Hastings was attorney for a tribe of Indians m Oklahoma and Mr. Ferris was a Congressman from that State. I do not mean to intimate that either Mr. Hastings or Mr. Ferris are now, or were then, advocating principles of government that they did not believe to be for the best interests of Oklahoma. I do mean to convey the idea that there is such a divergency of interest between the whites and the Indians of my State that one who in a political way becomes associated with the white race unconsciously becomes the antagonist of the Indian to the extent, at least, of sharing the public sentiment of the people of my State that restrictions of all kinds and character should be removed, or at least all supervision of the Interior Department should be taken away from the Indian and his property. I think that it was in 1912 or 1913 that a general exposure of probate con- ditions in Oklahoma was made by my predecessor in ofilce. He submitted a report to the Secretary of the Interior in which it was shown that it was cost- ing a great deal more to administer the estates of Indians than it was to administer the estates of whites, and that, generally, the estates of minors and incompetents were being consumed by court costs and other expenses and n lack of proper administration of such estates. After this exposure and the resentment that was manifest in Congress because of the treatment that a dependent people had received at the hands of officers of a sovereign State, after the Congress had been persuaded to believe that the estates would be properly handled, the entire delegation in Congress from Oklahoma joined in a telegram to the governor of that State, in which it was represented, in substance, that unless Oklahoma would enact laws that would safeguard the rights of these Indian children that the Federal Government would with- draw the jurisdiction which was granted by the act of 1908. Notwithstanding this telegram and the fact that Oklahoma has not naet the demands of the delegation in Congress by enacting laws for the protection of these minors, it is now proposed instead of withdrawing jurisdiction from local officers to permit the probate courts to retain the same jurisdiction which it has had since 1908 over the estates of minors and to invest in a local branch of the Interior Department sole jurisdiction over the estates and persons of these Indians. It can best be determined what is expected to flow from the enactment of legislation such as is proposed by reviewing the results of other legislation granting jurisdiction to local officers. I desire to remind you, before entering into a discussion of conditions in Oklahoma, of the fact that only a small per cent of the Indians in Oklahoma are now subject to governmental supervision. Our delegation in Congress from time to time has succeeded in securing the passage of legislation further removing restrictions, until at the present time only the following class of Indians belong to what may be termed as the re- stricted class : First. The homesteads of allottees enrolled as one-half or more than one- half blood Indians. Second. All allotted lands of three-fourths blood Indians, including minors. Third. All allotted and inherited lands of full-blood Indians, Under the terms of the restriction acts a full-blood citizen of the Greek Nation can lease his surplus allotment and all his inherited lands without supervision of the department for a term of five years, and may lease his homestead for a period of one year. So you see that we only have ttiohe Indians who are generally conceded to belong to the incompetent class as re- FIVE CIVILIZED TRIBES OF INDIANS. 47 stricted Indians, and only these are now under the supervision of the Secretary of the Interior. Following the act of 1908, theprobate courts of Oklahoma commenced to exercise jurisdiction over the estates of minor citizens of the Creek Nation, and their guardians, ofttimes appointed for the purpose of selling the estates of minors and receiving commissions therefor, would immediately sell all of tlie estate. The result has been tliat millions of dollars have practicall.\' been stolen from helpless and defenseless children in Oklahoma. This result has not flown so largely from corrupt officials. It has resulted fvom a careless and reckless administration of the estates by these judges. Soon after my appointment as Creek national" attorney I began an investiga- tion of the estates of Sophia O., Conny M., and John R. Boling. The guardian of these minors by first one means or another was permitted during a few years to squander an estate valued at approximately $100,000. He went to Phoenix, Ariz., had himself appointed guardian at that place, and then resigned as guardian in Oklahoma. He then had a friend of his appointed guardian at Tulsa, Okla., and this guardian would collect moneys and send to Boling, who was father of the children, and their guardian, in Phoenix, Ariz. When this matter was called to my attention I sent one of the probate attorneys to Phoenix, and in conjunction with attorneys representing the minors we filed an application to require this guardian to make his reports. He did make his reports, in which he brought one of the minors out in debt to him, and the estates of the other two minors were shown to be of little or no value. Excep- tions were filed to these reports, the case heard, with the result that judgment was rendered against the guardian for $73,000. His bondsman paid $33,000 of this shortage and the balance was paid by the guardian conveying property to the minors. I am of the opinion that if Congres.s* had not invested the probate courts of Oklahoma with the management of these estates that this guardian would not have tried to have embezzled these funds. My report to the Commissioner of Indian Affairs for the year ending Decem- ber 1, 1914, gives detailed statements of the money conserved, invested, and saved to the Indians, showing totals as follows: Conservation and investment of Indian funds $187,224.00 Total amount saved to the Indians 218,078.20 I do not believe that more honest or conscientious county judges can be found anywhere in the American Union than we now have in the Cr^ek Nation, but when you remember that each county judge has several thousand cases of landed minors to look after you will realize the impossibility of giving these matters the attention they deserve, and the grafters have much less hesitancy in attempting to rob a minor through a proceeding in a county court than they would have through a proceeding in a Federal court. There are, of course, some instances of criminal negligence and even cor- ruption of county judges in Oklahoma. It would require too much space for me to go into anything like a detailed report of conditions which now exist in the Creek Nation and the many frauds that have been committed as a direct result of vesting jurisdiction over the estates of Indian minors in local officers. On October 9, 1915, I reported a few of such cases, as follows : " P'our indictments were returned by the grand jury in Creek County charg- ing M. C. Flournoy, guardian of Bessie Cobb, a minor, \\ith offering false evi- dence in connection with his final report as guardian of this minor, the specific charges being the filing of certain altered, raised, and false receipts, as vouchers in support of alleged expenditures for and on behalf of said minor charged to Said estate in his said final report. " Several months ago an application to remove this guardian was denied by Judge Bro-wn, who was then county judge of Creek County, and an appeal was 4aken to the district court. Just before the case was called for hearing in the district court Flournoy tendered his resignation as guardian and the same was accepted, and he thereupon filed his final report as such guardian. Exceptions • were filed to this report, which were overruled, and the report was approved by Judge Brown. An appeal was then taken to the district court from the order . approving the report, and upon a hearing in the district court, practically every . exception made to said report was sustained, and this guardian was surcharged with approximately $1,000. Flournoy is a prominent merchant of Bristow, 'Okla., and was a close personal and political friend of Judge Brown. 48 FIVE CIVILIZED TRIBES OP INDIANS. " Two Indictments were returned against W. A. Rentie charging him with the embezzlement of $22,427.58 and $366, respectively, belonging to the estate Of his ward, Roy Bismark Rentie. " This guardian was one of the proomters of the Creek Durango Land and- Investment Co., which company had for its object the colonization of Creek freedmen in the State of Durango, Mexico. The methods of this company were substantially as follows : " ' Certain designing and dishonest persons in Oklahoma organized said com- pany and obtained from the Government of Mexico patent rights to about 27,000 acres of land situated in the State of Durango, Mexico, which land was unim- proved and practically worthless. The promoters of this company would induce the fathers of minor Creek freedmen to procure the appointment of themselves as guardians for said minors, petition the court for a sale of said minors' allot- ments, and when said lands were sold the promoters of this company would be the purchasers, and in each instance the consideration paid was grossly in- adequate. The promoters of said company would then induce the parents of said children to move to Durango, Mexico, and there use the proceeds derived from the sale of their childrens' lands in the purchase of worthless lands In this republic from the promoters of this company, who had also been the pur- chasers of said minors' lands in Oklahoma, the effect being to trade to the par, ents and guardians of these minors worthless lands in Durango, Mexico, for valuable allotments situated in the Creek Nation.' " There are pending now in the Creek Nation a large number of suits which have been brought to cancel and set aside conveyances thus made. These people being freedmen and unrestricted, I have not brought any of these cases myself, excepting the Scott cases, with which you are familiar, but I have advised witb the allottees and assisted their attorneys wherever possible. " The grand jury returned an indict«Lieut against William Grayson, charging him with the embezzlement of $3,000 of the funds of the estate of Hilly Bear, deceased. The Hilly Bear case has heretofore been fully reported to you by Probate Attorney Ligon. "After the death of Hilly Bear, William Grayson, who was not related to Hilly Bear, filed in the county court of Tulsa County a purported last will and testament of Hilly Bear wherein the natural heirs at law of said Hilly Bear were disinherited and wherein William Grayson was named as executor and principal beneficiary. The probate of this will was bitterly contested and the facts disclosed on the hearing of the petition for the probate of this will showed conclusively that said will was a forgery. In spite of this showing the county court of Tulsa County admitted said will to probate, from which the heirs of Hilly Bear appealed to the district court, which said court reversed the order of the county court and denied said will to probate. * * * " The grand jury returned two indictments against W. B. Coleman, one for the embezzlement $146.33 belonging to his minor ward, Gladys May Coleman, and one for the embezzlement of $46.15 belonging to his ward, Nettle Alice Cole- man. The defendant is now a fugitive from justice. " The grand jury returned an indictment against Warren H. Brown, former county judge of Creek County, charging him with embezzling $360 of the funds belonging to Nettie Alice Coleman and Gladys May Coleman, minors. The facts in this case will show that this sum of money was paid to Judge Brown as county judge by the Tamany Oil & Gas Co. and the Annex Oil & Gas Co. for the use of these two minors ; that Instead of turning this money over to the guardian of these minors, Judge Brown paid the same to James J. Mars, $225 of which was a purported personal loan, the balance attorney fees. "Another indictment was returned against Judge Brown charging him with perjury. I have heretofore forwarded to you the petition tiled by Messrs. Ligon, Montgomery, and myself to require Bates B. Burnett to file his final report as the former guardian of (tracie I. Berryhill. " On June 10, 1912, Bates B. Burnett filed his resignation as guardian of the estate of Grade I. Berryhill, a minor. At this time Grade I. Berryhill wa» living In Quanah, ffex., with her mother, and the probate court at Quanah, Tex., had appointed one J. E. Ledbetter as guardian of the estate of said minor. No final report has ever been filed by Bates B. Burnett as guardian of the estate of said minor. An Investigation made by Probate Attorney Mont- gomery of the records of the probate court at Quanah, Tex., disclosed the fact that Ledbetter had failed and neglected to account for approximately $70,000 of the funds of this estate which he should have received from Bates B. Bur- FIVE CIVILIZED TRIBES OF INDIANS. 49 nett, former guardian ; further, that no accounting had been made by Burnett to Ledbetter for this sum. " During the administration of Warren H. Brown as county judge of Creeli County repeated efforts were made to require Burnett to file his final report, all of which efforts were unsuccessful, as Judge Brown repeatedly declined to take any action. While in Sapulpa on this investigation we filed before Hon. Vick S. Decker, present county judge of Creek County, a petition for a citation directing Burnett to appear in said court and show cause why he should not be required by said court to file his final report as guardian for said minor. On the day of the hearing of our motion Bui-nett filed with the clerk of the county court an order, dated June 10, 1912, signed by Warren H. Brown as county judge, which said order recited, in substance, that the resignation of Bates B. Burnett as such guardian was accepted ; that said Bates B. Burnett was discharged from his trust as such guardian, and that the bondsmen of the said Bates B. Burnett as guardian were discharged and released from all liability. This order was filed by Burnett in answer to the citation directing him to appear and show cause why he should not be required to file said final report, he taking the position that said order released him and his bondsmen, and that the county court at this time had no jurisdiction to require him to make and file his final report. Judge Brown had prior to this time repeatedly stated to me, to Probate Attorneys Montgomery and Ligon, and to various other parties, that he had never signed an order releasing Burnett and dis- charging his bondsmen from their liability in this case. " When Burnett filed the said order we called Judge Brown as a witness and he testified, under oath in the county court, that the order he signed contained an interlineation to the effect that same should not operate to discharge Burnett and his bondsmen until Burnett filed his final report and the same was approved by the county court. At the time he gave this testimony he evidently believed that the original order was lost, as it had been in the possession of Burnett during all of the time since the date of its execution and had never been filed or entered on the probate minutes in the office of the clerk of the county court and was not a part of the records in this case until the same was filed and was then immediately taken out of the files by me and was in my possession when Brown testified. After he had testified to the condition of the order made by him I confronted him with the original order and he then testified that it was not the order he signed. We presented all of these facts to the grand jury, with the result that an indictment was returned against Brown charging him with perjury * * *. "An indictment was returned by the grand jury against P. B. France charging him with the embezzlement of $2,131.71 of the funds of the estate of William McKinley Clayton, a minor. The administration of the estate of this minor very nearly parallels the administration of the estate of Gracie I. Berryhill, a minor. Bates B. Burnett was the former guardian of this minor and as such guardian squandered large sums of money belonging to the estate. A settlement of Bur- nett's accounts by the county court disclosed a shortage of approximately $75,000. P. B. France was appointed as guardian to succeed Burnett and has been acting as such guardian for a period of about three years ; during this time France and bis attorneys have failed and neglected to recover the shortage due this estate from Burnett and his bondsmen. * * * "An audit of the accounts of Mr. France as guardian of this estate, made by Probate Auditor Richardson, which audit is not yet fully complete, discloses the fact that France has continued to dissipate and squander this estate. Just as soon as this audit is completed we intend to ask for the removal of France and to take steps to recover the shortage in these accounts from France and his bonds- men, which shortage will run into thousands of dollars. Mr. France is one of the most prominent business men of Sapulpa. " The grand jury returned two indictments against J. H. N. Cobb, one for pre- paring false evidence in copnection with his final report as guardian of Mary Hutke, an incompetent full-blood Indian, and one indictment for perjury on account of testimony given by him in connection with the same matter. " Specific reference to this case was made in my letter to you of September 18. 1915. . ^ ^ „ ^r ^ ^v. " The intJictment for perjury is based upon testimony given by J. H. N. Cobb in the county court of Creek County upon the settlement of the final accounts of said defendant as guardian of the said Mary Hutke, to the effect that he, Cobb, had paid Elizabeth Sapulpa upon a claim of $5,000 the sum of $4,513.33 of 38147—16 i 50 FIVE CIVILIZED TEIBES OF INDIANS. the funds of this estate when in truth and in fact he had only paid her the sum of $3,850. " The indictment for preparing false evidence is based upon a false receipt for $4,513.33, which was offered by Cobb as a voucher for the payment of this sum to Elizabeth Sapulpa. " Mr. Cobb was a member- of the constitutional conveiition which wrote Oklahoma's constitution, was for a long time United States district Indian agent at Sapulpa, is now a member of the board of county commissioners of Creek County, secretary of the Commercial Club of the City of Sapulpa, and a minister of the gospel. * « * " Two indictments were returned against James J. Mars, one charging him jointly with Micco Behen with offering false evidence in connection with the final report of Micco Behen as guardian of Thomas Robbins, a minor. This case has heretofore been fully reported to you by Probate Attorney Ligon, who, at the time of filing of said report, attempted to prosecute these parties for this offense by information, with the result that the defendants were whitewashed by the ofiicers of Creek County, and Mr. Ligon severely criticized by the official organ of Creek County for his efforts in attempting to bring these parties to justice, the specific charge in this case being that Mars and Behen forged the name of Aney Tiger and Johnson Barnett to a receipt for $100 and offered same as a voucher with the final report of Micco Behen. The other indictment against Mars charges him with forging the name of Martha Hagie, a full- blood Creek Indian woman, to a check for $15 and procuring the money on said check from the bank in which Martha Hagie had her money on deposit. This defendant has long been a prominent lawyer in Creek County, and is now a member of the bar of that county * * *." These are by no means isolated cases of graft and corruption. There have been hundreds of well-to-do Indian minors made paupers by improper and corrupt administration of their estates through the county courts of Oklahoma. I have called your attention to the legislation that has been enacted during the past seven years, having for its purpose the relinquishment of departmental jurisdiction over the Oklahoma Indians. I have shown you the effort that was made in 1912 to do away with Indian agents who were the personal and direct representatives of the Secretary of the Interior and who were appointed in order that the Secretary of the Interior might be advised at first hand as to the needs and requirements of the individual Indian. I brought that matter to your attention because, as I view this matter, the same principle was involved in the fight as is involved here. There was but one argument advanced in opposition to the district agents. That was to do away with them would ex- pedite the sale and leasing of Indian lands. The press and public, generally, in Oklahoma, supported the opposition to these agents. The arguments here advanced that it would expedite transfer of lands and afford an easier and shorter way for those holding claims against Indians to receive their money. Again we find the same forces supporting this measure. It was to expedite the sale and transfer of minors' lands that the county courts of Oklahoma were given jurisdiction over the estates of minors. I have called your attention to a few ofthe many cases of fraud which has resulted from this jurlsdi(!tional act. I do not believe that the argument is sound ; that there would be a greater measure of protection afforded' the Indians under the supervision of the superintendent to the Five Civilized Tribes, however honest, sincere, and capable he may be, than is now being afforded these Indian children under the administration of the county courts. The county judges of Okla- homa, as a rule, are honorable men ; they are trained lawyers and have politi- cal ambitions. They would not knowingly permit a minor to be robbed, but, notwithstanding this protection, the insidious gtafters of our State have, as shown by the records, by one device or another, been able to rob the minors out of millions of dollars. They would not undertake this practice in dealing with the Secretary of the Interior, and the knowledge of the fact that deeds, oil and gas leases, and restricted funds are now supervised by the Secretary of the Interior, is, itself, in my judgment, a great protection to the Indian. In his report to the Commissioner of Indian Affairs, dated June 11, 1915, the superintendent to the Five Civilized Tribes, calls attention to a report re- ceived from Mr. George R. Clements, which the superintendent says is one of the most illuminating and interesting documents that his office has received in connection with the poverty and destitution among the Indians, and the causes thereof. After discussing the many frauds committed in his section of the State, Mr. Clements concludes his report as follows : FIVE CIVILIZED TEIBES OP INDIANS. 51 " In conclusion please permit us to say, that when an evil is mentioned it seems pertinent always that some remedy should be suggested. Therefore, for the improvement of a condition of destitution now so prevalent among the Indians in this section that it is not for a moment disputed by anyone familiar with the real situation, we offer for consideration the following suggestions : "1. The revocation of that part of section 9 of the law of May 27, 1908, which removes the restrictions from restricted laud upon the death of an allottee. There are many cases in this district where Indians have received, say as much as $1,000 for their interest in inherited land, and, after a sale has been consumated, have taken the first train for Fort Smith, Ark., or for Dallas, Tex., where intoxicants are freely dispensed, and returned from there in less than a week not only penniless, but suffering severely from the effects of their saturnalia. This condition is so well known that to descant upon it would be superfluous. All land of deceased restricted allottees should be sold by the department, and the proceeds thereof disbursed for the benefit of the heirs in the same manner as are now disbursed the land-sale funds of re- stricted living allottees. This alone would not only relieve much destitution, but it would put a stop to the present wholesale debauching of so many of our Indians. " 2. The revocation of that part of section 23 of the law of April 26, 1906, as amended by sections 8 and 9 of the law of May 27, 1908, which permits as a restricted Indian, after his decease, to dispose of all of his allot- ment that he is not considered competent to dispose of to his best Interest during his lifetime. How very inconsistent this appears to be. We have known of many cases of old and infirm Indians being induced in different ways to execute wills in favor of nefarious land speculators. Within a short time after these wills have been executed some of them have very suddenly died, for causes apparently unknown. While everything in connection with their death may be regular, yet it does not always appear so. Still, the evidence is so weak that it is utterly impossible to accomplish anything before courts that are largely in sympathy, we are bold to say, with those who follow this practice. It ■ would reasonably seem that no restricted Indian should be permitted to dispose by last will and testament of any real estate that he is not considered competent advantageously to dispose of during his lifetime. Again let us say that all land of deceased restricted allottees should be sold by, the department and the proceeds thereof disbursed for the benefit of the heirs in the same manner as are now disbursed the land sale funds of restricted living allottees. "3. The revocation of that part of section 2 of the law of May 27, 1908, which permits a restricted Indian to lease for agricultural purposes, without departmental approval, his homestead allotment. To lease restricted home- stead without departmental approval, an application should be filed, similar to that for removal of restrictions, which should require the allottee to make a showing as to why it is necessary to lease his homestead and as to whether he is capable of handling to his best interest the leasing of his homestead. "The moment an attempt. is made to revoke any of three provisions of law mentioned above a cry will go up from the whole of eastern Oklahoma that the Federal Government is attempting to retard the development of the State. Must we make prey and paupers of our Indians in order to develop the State of Oklahoma? Must we sit idly by and permit to be outrageously robbed and sacrificed a race of people for the sake of the so-called development of one State? A thousand times no ! Most certainly the welfare of a race of human beings is of far greater importance than is the mere development of any State. Jesus Christ considered that one soul is of more value than the whole world. Surely, then, the saving of our Indians in Oklahoma is of more importance than is the development of a State. " But the saving of our Indians will not retard the development of this State. That is only a hallucination of a band of predatory land speculators — a bunch of rapacious land pirates who by its employment seek to exert extraordinary influence over the powers that be for their own selfish gain. Other States and other countries have been developed, not by sacrificing and destroying, but by promoting the health, the wealth, and the happiness of their inhabitants. In like manner can Oklahoma also be developed. What we need back of this Indian problem more than anything else is not avaricious land pirates, but men— men that are big enough and strong enough to stand for truth and right- men who have faith that right makes might, and in that faith to the end dare to do their duty as they understand it. 52 FIVE UIVIIJZED TRIBES OP INDIANS. " In Closing I will add that all I have said in these pages is prompted only by a consciousness of the duty that I, bj' reason of my position, owe to these help- less people, in the protection of whose welfare we are so seriously hampered because of improper and inadequate laws. In many of the opinions that I have expressed I may be wrong. No man is infallible. But I have recited only the actual conditions as they appear to me in my work. If the slightest good comes as a result of these few well-intended remarks, then I shall consider myself amply rewarded." Congress has for several years appropriated $85,000 annually for the employ- ment of probate attorneys. These attorneys have done a wonderful amount of good in ferreting out and bringing to justice delinquent guardians and in recov- ering estates for minors, but the beneficial results of this system arise largely from the fact that the public realize that these agents of the Department of the Interior are upon the ground and are watching the conduct of men dealing with minors, and therefore the grafter has been slow to attempt the frauds which were heretofore committed in county courts. Mr. Hastings and Mr. Ferris, in discussing this proposed legislation, expressed great confidence in the ability, integrity, and fidelity to their trust of the Secre- tary of the Interior and the Commissioner of Indian Affairs. The high tribute paid to these officials by these two gentlemen, whose contact with them has been intimate, expresses the sentiment of every man who is familiar with the effort they are making to improve the conditions existing among the Indians of Oklahoma. These gentlemen concede that the Secretary of the Interior now has authority to vest in the superintendent for the Five Civilized Tribes all of the powers proposed to be delegated to him by the Hastings bill. It seems to me that in- stead of Congress undertaking to experiment with the destinies of great tribes of Indians it would be wiser and safer to leave undisturbed the jurisdiction that is now vested in the Secretary of the Interior, that he might exercise this discretion, applying the experiences of the past in determining whether or not in specific cases his local representative in Oklahoma should be empowered to act finally. With great respect, I remain. Very sincerely, R. C. Allen, • National Attorney Creek Nation. Mr. Meritt. I think that is all I desire to say at this time. I will be glad to answer any questions. The Chairman. Mr. Meritt desired that he be permitted to go through with his statement in order that it might be complete in the record. You may now ask him any questions you desire to ask. I think perhaps it would be a more orderly way to proceed if any mem- ber of the committee desires to ask questions, for him to proceed, and then others who are interested in the matter may ask questions. I think it would be advisable for the members of the committee to question Mr. Meritt first. Is there any member of the committee who desires to ask him questions ? Mr. KoNOP. I would like to have an opportunity to read some of those reports and letters first. Mr. Carter. I should like to ask him a number of questions. Mr. KoNOP. I would like to ask this question : Is Mr. Meritt going to come up here after to-day? _ The Chairman. That depends upon whether the committee de- cides to have him or not. Mr. Carter. I suppose Mr. Meritt will be willing to come back. Mr. Meritt. I will be glad to come here any time. Mr. Carter. As this is not a personal contention, but is really a contest in regard.to procedure, about which there seems to be a differ- ence of opinion, and since the subject is strictly an impersonal one, I know you will not mistake our zeal and enthusiasm in pursuing in- quiries as any reflection on your record in the Indian service. Now, I want to ask you first what is your official position? FIVE CIVILIZED T.EIBES OF INDIANS. 5S ( Mr. Meritt. I am Assistant Commissioner of Indian Affairs, i Mr. Carter. How were you appointed ? ; Mr. Meritt. By the President. Mr. Carter. And confirmed by the Senate. Mr. Meritt. Yes, sir. : Mr. Carter. What is your salary ? Mr. Meritt. $3,500 a year. Mr. Carter. How long have you been in the service ? Mr. Meritt. Ten years— approximately 10 years. Mr. Carter. Wliat was your first position ? Mr. Meritt. My first position was clerk in the Indian Office. Mr. Carter. How were you appointed to that? Mr. Meritt. By the Secretary of the Interior, at $1,200 per annum. Mr. Carter. Is your official position subordinate to that of the , Commissioner of Indian Affairs? Mr. Meritt. Yes, sir ; and also to the Secretary of the Interior. Mr. Carter. Is the commissioner opposed to this bill ? Mr. Meritt. Yes, sir. Mr. Carter. Then, as Assistant Commissioner of Indian Affairs, it would be your duty to carry out the policy of your superior ? Mr. Meritt. Yes, sir ; I am here at his request in opposition to this bill. Mr. Carter. Then, you speak for the commissioner himself? Mr. Meritt. I do. Mr. Carter. Why did not the Commissioner of Indian Affairs come? Mr. Meritt. The Commissioner of Indian Affairs has many duties to perform. Mr. Carter. He had too many duties to perform to-day to come? Mr. Meritt. Yes, sir. Mr. Carter. Do you consider this a very important matter — this Hastings bill? Mr. Meritt. Yes, sir. Mr. Carter. And the commissioner so considers it? Mr. Meritt. Yes, sir. Mr. Carter. It marks a very radical and, you contend, a revolu- tionary change in the procedure of the Indian Office? Mr. Meritt. We recognize that it is a very important bill and a A'ery radical bill. Mr. Carter. Can you see any inconsistency on the part of the Coimnissioner of Indian Affairs by objecting to conferring on a subordinate some real jurisdiction, or transferring from himself some real jurisdiction, and at the same time calling upon a subor- dinate to justify his position before this committee? Mr. Meritt. You will recall, Mr. Carter, that I have been doing the legislative work very largely for the bureau during the last five or six years. Mr. Carter. Why, of course. Somebody has had to do it. The commissioner could not do it all himself. That is precisely the point I wish to make. He can not possibly find time to pass upon the ability of each Indian to conduct his own affairs, yet finds fault with any plan giving a subordinate this power. How many Indians are there in the United States, did you say? Mr. Meritt. About 325,000. 54 I'lVE CIVILIZED TItlBBS OP INDIANS. Mr. Caetee. All of them under the supervision of the Indian Bureau? . Mr. Meeitt. Probably one-third of the Indians of the United States have had their restrictions removed or received patents in fee. Mr. Caetee. How many restricted Indians are there in the United States ? Mr. Meeitt. Probably around 200,000 whose property is absolutely under the jurisdiction of the Interior Department. Mr. Caetee. Are any of the restricted Indians, so called, competent to manage their own affairs? Mr. Meeitt. I would say there are some restricted Indians who are competent to manage their own affairs. We recognize that fact, and Secretary Lane has recently, within the last year, appointed two commissions to visit various reservations ; and he expects to appoint another commission to visit reservations for the purpose of deter- mining who are competent Indians, so that they may have their re- strictions removed. Mr. Caetee. How many restrictions have been removed by the commissions ? Mr. Meeitt. They have just begun the work, and the recommen- dations of the commissions have not been finally passed upon by the Secretary of the Interior. Mr. Caetee. None have been removed to date? Mr. Meeitt. He has given them personal consideration. Mr. Caetee. How many Indians are there in the Five Civilized Tribes? Mr. Meeitt. There are enrolled in the Five Civilized Tribes, in round numbers, 101,000 Indians, freedmen and intermarried whites. Mr. Caetee. How many Indians? Mr. Meeitt. I would say approximately 75,000 Indians enrolled. Mr. Caetee. There are probably 26,000 freedmen? Mr. Meeitt. 23,406 freedmen. Mr. Caetee. Then, there must be 5,000 or 10,000 intermarried citi- zens, are there not? Mr. Meeitt. I have the enrollment of the Five Civilized Tribes, showing 26,789 full bloods, 3,534 mixed bloods of three-quarters or more degree, 6,859 of one-half to three-quarters degree. That in- cludes the restricted class, and makes a total of 37,182. Of the un- restricted class, less than one-half Indian blood, including intermar- ried citizens, there are 40,934, and there are 23,405 freedmen, making a total of 64,339 who are within the unrestricted class. That makes a grand total of 101,521 of the enrolled tribes. Mr. Caetee. The line of demarcation is the line of blood. Mr. Meeitt. Yes, sir ; it is so declared by Congress. Mr. Carter. All Indians of one-half or more Indian blood are restricted ? Mr. Meeitt. Partly restricted. Mr. Caetee. I mean they have restricted land? Mr. Meeitt. Yes, sir. Mr. Caetee. A person enrolled as a Choctaw, or Chickasaw, who has one-half of Indian blood, has 160 acres of land, he can not sell, hypothecate, or lease without permission of the Secretary of the Interior, no matter how competent he may be. FIVE CIVILIZED. TRIBES OF INDIANS. 55 Mr. Meritt. We have different laws applying to the different tribes in the Five Civilized Tribes. Mr. Caeter. But that is the law I just stated, is it not? Mr. Meritt. Yes, sir. Mr. Carter. Are any of these Indians self-supporting? Are any of these restricted Indians among the Choctaws and Chickasaws self-supporting ? Mr. Meritt. Yes, sir ; a number of them. Mr. Carter. Are any of them educated ? ]\Ir. Meritt. Yes, sir ; a number of them. Mr. Carter. What percentage, would you say, of the Chickasaws and Choctaws is educated? Mr. Meritt. I would say that a great many of them have received some education. Mr. Carter. Could you give us any idea of the percentage — an average? How many of them can read and write, would you say? Mr. Meritt. I would not like to say offhand. Mr. Carter. I will say, for the information of the committee, that I am thoroughly familiar with this phase of the matter. I was born and raised among these Indians. I do not hesitate to say that between the ages of 15 and 40 there is not one Chickasaw or Choctaw out of 100 who can not read and write. Mr. Muerat. It is the old fellows that can not read and write ? Mr. Carter. Yes, sir. The percentage of illiteracy, I would say, without fear of contradiction, is lower than that of any other people on the face of the earth. You say some of them are self-supporting? Mr. Meritt. Yes, sir. Mr. Carter. And competent? Mr. Meritt. Yes, sir. Mr. Carter. And educated? Mr. Meritt. Yes, sir; some of them are self-supporting and com- petent and educated. A great majority have received some educa- tion. Mr. Carter. Are they not competent? Mr. Meritt. I would not like to say that they are incompetent, but I would not like to say that they were competent to the extent of being able to handle their own affairs. Mr. Carter. I have written down here forty-odd names of Indians that I know personally, and I want to put those names in the record. I just thought of these names as we went along. Capt. Chas. Le Flore, Kiowa, president First National Bank, Choctaw, half blood. Paul E. Burney, Woodville, banker, Chickasaw, full blood. S. J. Folsom, Heavener, banker, Choctaw, half blood. Amanda Penner, Mill Creek, stockholder First State Bank, Chickasaw, half blood. Columbus Ervin, Ardmore, capitalist, Choctaw, half blood. Allen Wright, McAlester, attorney for Khode Island Railroad, Choctaw, half blood. Thomas Hunter, Hugo, attorney, Choctaw, half blood. D. C. McCurtain, Poteau, attorney, Choctaw, half blood. Joshua Anderson, Talihina, attorney, Choctaw, three-quarter blood. Joe S. May tubby, Wapanucka, attorney, Chickasaw, half blood. George W. Burris, Stonewall, attorney, Chickasaw, half blood. Walter J. TurnbuU, Durant, county attorney, Choctaw, half blood. 56 FIVE CIVILIZED TRIBES OP INDIANS. Rev. Frank Wi'iglit, evangelist, Choctaw, half blood. James Frazier, Mill Creek, pi-eacher, Chickasaw, full blood. James McCurtain, Enville, preacher, Chickasaw, full blood. Dr. E. N. Wright, Olney, doctor, Choctaw, half blood. Peter J. Hudson, Tuskahoma, farmer and stock raiser, Choctaw, full blood. Peter Conser, Conser, farmer and stock raiser, Choctaw, half blood. Emmett Ervln, Woodford, farmer, Choctaw, half blood. Gilbert W. Dukes, Talihina, farmer, Choctaw, half blood. Lyman D. Worcester, Wapanucka, farmer, Chickasaw, full blood. Chlcklln Brown, Madlll, farmer, Chickasaw, full blood. Solomon H. Mackey, McAlester, farmer, Choctaw, half blood. Forbus Mosely, Bromide, farmer, Chickasaw, half blood. Thomas Underwood, Mill Creek, farmer, Chickasaw, full blood. Thomas Frazier, Mill Creek, farmer, Chickasaw, full blood. John Harris, Mill Creek, farmer, Chickasaw, five-eighths blood. Marvin J. Burris, Lula, postmaster, Chickasaw, half blood. H. H. Burris, Tishomingo, farmer and stock raiser, Chickasaw, full blood. William Le Flore, farmer, Choctaw, full blood. Michael Le Flore, stockman, Choctaw, full blood. David Folsom, Tishomingo, farmer, Chickasaw, three-quarter blood. Nancy Smith, Tishomingo, Chickasaw, three-quarter blood. Matilda Manning, Caddo, Choctaw, half blood. Abe Brvin, Woodford, oil speculator, Choctaw, half blood. Charles Townsend, Idabel, postmaster, Choctaw, half blood. Melissa White, Wynnewood, Chickasaw, half blood. Silas Bacon, Goodland, teacher, Choctaw, full blood. Robert Harrison, Atoka, capitalist, Choctaw, half blood. Wm. H. Harrison, Bokhoma, farmer, ex-representative Oklahoma Legislature, Choctaw, half blood. Albert S. Burney, Marietta, county commissioner, Chickasaw, half blood. Darius Reynolds, Kemp, farmer, Chickasaw, half blood. Mr. Norton. These gentlemen whose names you have given to the committee are restricted Indians? Mr. Carter. Yes, sir. Mr. Norton. What is the extent of that restriction ? Mr. Carter. They are restricted in lands to 160 acres. They are restricted in lands and funds. Mr. Norton. Has each one of these gentlemen v-hose names you are to give to the committee 160 acres of land that he is not permitted to sell? Mr. Carter. Yes, sir ; he can not sell, lease, nor hypothecate. Mr. Norton. But he is the owner of the land at the present time ? Mr. Carter. Yes, sir. Mr. Norton. Can you tell the committee whether or not they have asked for a removal of the restrictions? Mr. Carter. I think some of them have. I will mention one case. We finally got that restriction removed in the last week. That was the case of Matilda Manning. Her husband died some thirty-odd years ago and left an estate involved in debt. With a large family St ^^^^'^^®^' ^^^ P^iird Charles Palone Ned Fackup Sam Jones Lillie Baugess, n6e Conseen. Do. William Arrow Sarah Wood Paul Swarm Nancy Sunday Henry Walkabout Stephen Vann Susan Hummingbird Thompson Frog Tim Duck John Scraper Mary A. Tsimer, a^e Mitchell Ed Fish Jennie Wolf, n6e Budder.. William W. Augerhole Henry Walkingstick John Watts Mary Yaholah, nee Duck Charles A. Blackfeet Wat Sanders Edmond Tincup Betsey Greece EliasC. Thome James Crittenden WolfPettit Daniel Turner Susie Price Do ■■■■ Application. Dec. 15,1914 Oct. 28,1914 Oct. 7, 1914 Oct. 29,1913 Nov. 28,1914 Oct. 21,1914 Apr. 4, 1914 May 22,1914 Sept. 23, 1914 Nov. 2, 1914 Oct. 31,1914 Aug. 14,1914 Dec. 11,1914 Nov. 7,1914 Nov. 4, 1914 Oct. 20,1913 Sept. 19. 1914 Dec. 22,1914 Aug. 28,1914 Oct. 30,1914 Oct. 12,1914 Apr. 22,1914 Mar. 27,1914 Nov. 15,1915 July 10,1914 Oct. 30,1914 June 12,1914 Oct. 12,1914 Nov. 13,1914 Jan. "1, 1915 July 17,1914 Nov. 2, 1914 Jan. 5, 1915 do Nov. 25,1914 Nov. 28,1915 Dec. 15,1913 Sept. 4,1914 Oct. 20,1914 Aug. 10,1914 Nov. 11,1914 Fob. 28,1914 Feb. 3, 1916 Nov. 7, 1914 Oct. 4,1912 Jan. 4, 1915 Jan. 18, 1915 Mar. 27,1914 Dec. 12,1914 Nov. 28,1914 May 10,1915 Oct. 31,1914 > Report Feb. 1, 1915. 2 Report Feb. 6, 191S. Forwarded by superin- tendent. Dec. 28,1914 Jan. 4, 1915 Dec. 30,1914 do Jan. 6, 1915 Jan. 4, 1915 do do do do Jan. 7, 1915 do Jan. 12,1915 Jan. 14,1915 Jan. 15,1915 Jan. 16,1915 Jan. 20,1915 do .Tan. 23,1915 do do Jan. 27,1915 ....;do Jan. 6,1915 Jan. 29,1915 Feb. 5, 1915 Jan. 29,1915 do Feb. 2, 1915 do Feb. 4,1915 do Feb. 5, 1915 do do Feb. 9, 1915 Feb. 6, 1915 Feb. 13,1916 do Feb. 15,1915 Feb. 18,1915 do Feb. 17,1915 Feb. 19,1915 do Feb. 20,1916 do Feb. 20,1914 Feb. 19,1915 Feb. 25,1916 Sept. 23, 1915 Feb. 27,1915 Received. Jan. 2,1915 Jan. 4, 1916 do do Jan. 12,1916 do.i do do do.2 .... do do do Jan. 18,1915 do Jan. 22, 1915 Jan. 21,1915 Jan. 25,1915 do Jan. 28,1915 do do Feb. 2, 1916 do Jan. 10, 1916 Feb. 4,1915 Feb. 8, 1915 do do do do ■'Feb. 11.1915 do do do do Feb. 15,1915 do Feb. 18,1915 do.. Feb. 23,1916 do Feb. 24,1915 Feb. 23,1915 Feb. 24,1915 do.. do do Mar. 4, 1915 do Mar. 5, 1915 Sept. 23, 1916 Mar. 5, 1916 Jan. 5, Jan. 8, Jan. 7, Jan. 14 Jan. 20, Feb. 0, Jan. 20, do.. Feb. 9, Jan. 20, do.3. do.. Jan. 21, Jan. 23, 3 Jan. 30, Approved or disapproved. 1915 1915 1915 1915 1916 1916 1916 1915 1915 Jan. Jan. 27, 30, do.. Feb. 1, Feb. 2, Feb. 23, Feb. 10, Feb. 9, 'Jan. 11, •'Feb. 23, Feb. 10, Feb. 11, do.. Feb. 20, 8 Feb. 23. Mar. 9, Feb. 16, do.. do.. Feb. 15, Mar. 1, Feb. 23, Feb. 24, do.. Mar. 2, do.. do.. do.. do.. 3 Mar 4, Mar. 9, do.s. Mar. 24, May 19, Mar. 11, s Oct. 5, Mar. 9, 1915 1915 1915 1916 1915 m.i 1915 1915 1915 1915 1910 1915 1915 1916 1915 1915 1915 1915 1915 1915 1915 1915 iMs 1915 1915 1915 1915 1915 1916 Returned to superintend- ent. Jan. Jan. Jan. Jan. Jan. Feb. Jan. 7,1915 9,1915 8,1915 16,1915 21,1915 8,1915 21,1916 Do. Feb. 10,1915 Jan. 21,1915 Do. Do. Do. Jan. 26,1915 Jan. 30,1915 Jan. 28,1915 Jan. 30,1915 Do. Feb. 1, 1915 Feb. 2,1915 Feb. 26,1915 Feb. 11,1915 Do. Jan. 11,1916 Feb. 26,1915 Feb. 11,1915 Feb. 12,1915 Do. Feb. 23,1915 Feb. 27,1916 Mar. 10,1915 Feb. 18,1915 Feb. 20,1915 Do. Feb. 18,1915 Mar. 1,1916 Feb. 26,1915 Do. Do. Mar. 2,1915 Do. Mar. 3,1916 Do. Do. Mar.' io.'wis Do. Mar. 24,1915 May 20,1915 Mar. 11,1915 Oct. 6,1915 Mar. 10,1915 3 Unconditional. < Report -Mar. 5, 1915. FIVE CIVILIZED TRIBES OF INDIANS. 85 Removal of restriction cases received in the Indian Office since Jan. 1, 1915 — Continued. CHEROKEE— rontinued. Name of allottee. George Cardy Dennis Ketcner Henry Walkabout Alex Buncli Isaac Houston Katie R. Ingle Washington Beaver Wm. P. Downing Rachel Rogers Zeke Chucuerlate Jffise Bushyhead Jennie Scudder, nfie Clark . . . Soldier Keith Squirrel Sequichie Rachel Purcell, n6e Smith. . . Leila E. Robertson John Peters Tom Smith Maria Masters, n^e Cheater. . . Nancy Sharp Sarah E. Courts Amos Vaim Frank Swimmer Susan Youngduck W illiam Bushyhead Caleb S. Starr, jr Francis McLauglilin Wahsinni Raven Henry Muskrat Fannie McClure, nSe Groves . Willie Murphy Louvenna Foster (formerly Wiley), n6e Watts, Jos. D. Rowe Lydia Scraper Robert Woodall Rachel Snell Celia Coleman, n^e Sanders. Sarah Smith (formerly Rice) Joseph Sanders Henry Robbins Harrison Secondine James Pumkin Nancy Hawkins, n^e Down- ing. Oscar Bear Lucy Waterfalling Charlotte Stard, n^ Walk- ingstlck. Ada J. Prowell Jennie Squirrel or Feather. . Benjamin C. Hawk Geo. H. Horn Victoria Welch (formerly Seabolt). John Hogner Nancy Ketcher, n^e Bird — Kaheta Tehee Simpson Dushane Henry Watt Little Bird Tehee Sunday Hogtoater MariahR. Gourd Jennie Lewis (now Anderson) Peggy Johnson, n^ Stand. . . Caroline Tracy .Application. Sept. Jan. Jan. Nov. Jan. Jan. Jan. Oct. Feb. Oct. Feb. Jan. Dec. Feb.. Jan. Jan. Nov. Nov. July Feb. Jan. Sept. Apr. Feb. Oct. Jan. Apr. Feb. Mar. Jan. Apr. Nov. May Mar. May May Oct. Oct. June Feb. Apr. Feb. Nov. Levi Warseat Susie D. Coats Lucy Quinton, nfe Glass Frank L. Daugherty Bettie L. Alberty, nfe Rutherford. Venie Johnson President C. Reese Thomas Vann 4,1914 25, 1915 27, 1915 2. 1914 10, 1915 8. 1915 15, 1915 16. 1914 17. 1915 9. 1914 25. 1914 21,1914 29,1914 2. 1915 29,1913 12. 1915 27. 1914 4, 1914 3, 1914 13. 1915 29. 1915 5. 1914 13. 1916 19. 1915 4. 1913 6. 1915 1,1916 5,1915 11,1915 11,1915 17. 1916 10. 1914 8, 1915 25. 1915 8. 1915 1. 1916 16,1914 1. 1914 1,1914 6. 1915 7, 1915 6, 1915 23, 1914 Feb. 11,1915 Mar. 26,1915 Nov. 3,1913 Feb. 13,1914 July 24,1914 Aug. 10,1914 May 8, 1915 Apr. 20,1915 Apr. Jan. Jan. June Nov. May Aug. Aug. Jan. Aug. May May Aug. June Feb. May 10. 1914 13. 1915 29, 1915 21, 1915 6. 1914 22,1915 10, 1915 24. 1914 14. 1915 7. 1915 7, 1915 14,1913 19, 1910 5, 1915 20. 1914 10. 1915 June 16,1915 Mar. 2, 1916 July 19,1916 Forwarded by superin- tendent. Feb. 27,1915 Mar. 1, 1915 Mar. 16,1915 Mar. 2, 1915 Mar. 8, 1915 do Mar. 12,1915 Mar. 17,1915 May 26,1915 Mar. 22,1915 Mar. 24,1915 Mar. 23,1915 Mar. 23,1915 Mar. 27,1915 Mar. 29,1915 Mar. 31,1915 Mar. 29,1915 Mar. 27,1915 ....do Apr. 10,1915 ....do Apr. 13,1915 Apr. 22,1915 do Apr. 27,1916 6, 1916 5,1915 7. 1915 6. 1916 10, 1915 14,1916 Mar. June Mar. Mar. 2 Mar. May May May May May May .do. May 11,1915 May 22,1915 June 15,1916 June 18,1916 do.! do June 16,1915 June 21,1916 June 26,1916 July 8, 1915 July 13,1915 do Sept. 18,1915 July 16,1916 July 20,1915 July 19,1916 July 21,1916 July 24,1916 do July 26,1915 July 28,1915 do Aug. 3, 1915 do Aug. 7,1915 Aug. Aug. Aug. Aug. 18, 1915 16. 1915 21. 1916 25, 1915 (....do \Mar. 8,1916 Aug. 27,1915 do ....do ....do Sept. 18,1915 Sept. 8,1915 Sept. 4,1915 Sept. 9,1915 Received. Mar. 5,1915 Mar. 8, 1916 Mar. 20,1915 Mar. 9, 1915 Mar. 15,1915 ....do Mar. 16,1915 24, 1915 1, 1915 27, 1915 29, 1915 29, 1915 do Apr. 3, 1915 do Apr. 5, 1915 Apr. 6,1915 do do Apr. 14,1915 Apr. 19,1915 Apr. 20,1915 Apr. 27,1915 do May 3, 1916 May 10,1915 do May 11,1915 May 15,1916 do May 20,1916 do 'Mar. Mar. Mar. Mar. Mar. 'Mar. Mar. Mar. June Apr. do May 27,1915 June 18,1915 June 21,1915 do do do June 23,1916 June 29,1916 July 12,1916 July 16,1916 .do.. Sept. 21, 1916 July 19,1915 July 23,1915 July 24,1915 July 26,1916 July 27,1915 do July 30,1916 July 31,1916 do Aug. 6,1915 do Aug. 10,1915 Aug. 21,1915 do Aug. 24,1916 Aug. 28,1915 fMar. 11,1916 Aug. 30,1915 Aug. 31,1915 do do Sept. 22, 1915 1 Unconditional. Sept. 11,1915 do Sept. 13,1915 Report, July 26, 1915, Approved or disapproved. 9,19: 16, 19: 22,19: 15, 19: 18, 19: 20, 19 18, 19: 31,19: 5,19: 1,19: do July 30,19: Apr. 1,19: Apr, Apr. Apr Apr. 7,19 23, 19 8,19: 10, 19: ,do do Apr. 19,19: Apr. 21,19: Apr. 24,19: Apr. 28,19: do May 6, 19: May 10,19: May 11,19: May 13,19: May 18,19: May 19,19: May 22,19: doi May 27,19: May 29,19: I June 21, 19: July 1,19: June 29,19: ....do., June 24,19: July 1, 19: do.. July 27,19: July 22,19: do-. Sept. 23,19: July 27,19: July Aug. July July July 26, 19: 6,19: 28, 19: 30, 19: 30, 19: Aug. 6, 19: do do Aug. 10,19: do.. Aug. 13,19: Aug. 23,19: Aug. 24,19: Aug. 25,19: Sept, 1,19: Mar. 15,19: Sept, 1,19: Sept. 2,19: Sept. 2,19: do Oct. 25,19 Sept. 14. 1915 do ..-.do Returned to superintend- ent. Mar. 10,1916 Mar. 17,1916 Mar. 23,1916 16,1915 19, 1915 22, 1915 19, 1915 31,1916 7, 1915 2,1915 Do. July 31,1915 Apr. 2,1915 8, 1915 24, 1915 9,1915 12, 1915 Do. Do. Apr. 19,1916 Apr. 22,1915 Apr. 24,1918 Apr. 28,1918 Do. May 6, 1915 May 11,1916 May 12,1916 May 14,1915 May 19,1915 May 20,1916 May 24,1915 Do. Mar. Mar. Mar. Mar. Mar, June Apr. Apr. Apr. Apr. May June June July June June June July July July July 27, 1915 1, 1915 22. 1915 2,1915 30,1915 29. 1916 26, 1915 3, 1915 1, 1915 27,1915 23, 1915 Do. Sept. 23,1916 July 27,1916 July 26,1915 Aug. 10,1915 July 28,1915 July 31,1915 Do. Aug. 5, 1915 Do. Do. Aug. 11,1915 Do. Aug. 14,1915 Aug. 23,1916 Aug. 25,1915 Aug. 26,1915 Sept. 2, 1916 Mar. 16,1916 Sept. 2,1915 Sept. 3, 1915 Sept. 2,1915 Sept.i 3,1915 Oct. 26,1915 Sept. 14.1915 Do. Do. 86 FIVE CIVILIZED TBIBES OF INDIANS. Bemoval of restriction cases received in the Indian Office since Jan. 1, 1915 — Continued. CHEROKEE— Continued. Name of allottee. Application. Forwarded by superin- tendent. Received. Approved or disapproved. Returned to superintend- ent. Rebecca E. Smith Annie Karney Alsie Holmes William Thornton Leona M. Byers Moses Lowrey Lila Ussrey, n4e Thornton. .. Maggie D. Conseer Cherokee Bread Ellis Waterkiller Annie Downing, nee Turner. Emma Mounts, n^ Benge... Maggie White, n6e Cochran. . Artemus W. Rogers OUie Fixir, n^ Justice Hooley Sanders William Tooley Susan Keener, n^e Butler — Robert Butler Samuel Butler Steve Carey Nellie Reach Jack Balew Lila Blossom Elizabeth Grass Clem Treasurer Thomas Rowe Aimie Flute, nSe Standing- deer Ruth Gleim, niSe Palone Thomas Comtassel Cicero D. Toney Lewis WoodaU Susan I angley Archie Smith Jemiie Blossom Sallie Carey Mary Matry, nSe Bunch Looney Mills Samuel E. Adair Mink Dry water Andy Hair Sallie Stealer (now EUis) Alexander Tindle Jesse Feather Alice Fields (now Bucket).. . Gladys Adair Johnson Houseberg Bunch Drywater Carrie E. Anspach. n6e Ket- cher ; Susan Drpwater Margaret \Voods George Wilson Joe Bett Nancy Youngbird, n6e Scraper Isaac Hummingbird Eh Bat Isaac Hummingbird Walker Cochran Catherine Kaiser Nellie Taylor, nge Daugh- erty Eliza A. Joum6ycaT--e Lelia Reeves, n^e Baldridge., Henry l.owry ("Jeorge Hooper Benjamin Knight Betsey Parris Charlotte Clioate,nee Sanders Peggy Freeman Dennis Terrell Nellie Tippet, n^e Swimmer. Carrie Glenn, nge Tjmer Angle Reaves June 2, 1911 Mar. 24,1915 Feb. 3,1915 Mar. 8, 1915 Mar. 12,1915 Jime 25,1915 Dec. 4, 1914 4, 1911 1, 1915 20, 19X5 5, 1915 8, 1914 3. 1914 25, 1915 24, 1915 16, 1915 4. 1915 Aug. 17,1915 Dec. 22,1914 do July 20,1915 Jime 29,1915 May 15,1915 Apr. 10,1914 Apr. 26,1915 do Feb. 26,1915 Dec. Mar. Mar. June Aug. Mar. Mar. July Mar. Feb. Aug. Apr. Feb. May Aug. Aug. Mar. May Mar. Jan. Aug. July Feb. July May Jan. -■Vug. Feb. Aug. Dec. 28,1915 12,1915 5,1915 14. 1915 11,1915 27. 1916 18, 1916 19, 1915 16, 1915 26, 1915 24. 1915 17,1915 16,1915 24,1915 16,1914 5, 1915 23. 1916 13,1915 30,1915 8, 1914 July 21,1916 Apr. 9, 1916 Aug. 20,1916 July 20,1915 do Aug. Mar. Sept. .^ug. Sept. ct. June May '^ ct. Apr. July June Aug. Dec. Sept. Sept, Oct. Oct. Apr. 20, 1915 11,1915 1, 1915 10, 1915 4, 1915 22,1915 3, 1915 29, 1915 14, 1915 20,1915 23, 1915 17, 1913 3,1915 4, 1915 25,1915 27, 1915 23, 1915 25, 1915 27, 1915 Sept. 13,1915 Sept. 18,1915 do Sept. 21,1915 Sept. 24,1915 Sept. 27, 1915 Sept. 23,1915 Sept. 27, 1915 Sept. 28, 1915 Sept. 29, 1915 Oct. 2, 1915 Oct. 6, 1915 Oct. 4, 1915 Oct. 9, 1915 do ct. 12,1915 do ct. 13,1915 do do ■ ct. 14,1915 do ct. 16,1915 'ct. 20,1915 ret. 21,1915 do ct. 23,1915 '' ct. 26,1916 ' ct. 27,1915 -...do ' ct. ' ct. ^ct. Nov. Nov. Nov. Nov. 28. 1915 29. 1916 28, 1915 1,1915 2, 1915 1. 1915 3. 1916 ....do Nov. 5, 1916 ....do ....do Nov. 10,1915 Nov. 9,1916 Nov. 13,1916 .-..do Nov. 16,1915 -.--do Nov. 1.6,1915 Nov. Nov. Nov. Nov. Nov. 17,1915 19,1915 20,1915 22, 1915 23, 1915 Nov. 30,1916 Dec. 2.1915 do.: Dec. 3,1915 Dec. 6,1915 -...do Sept. 15,1915 Sept. 21, 1915 do Sept. 27, 1915 Sept. 28, 1915 do do Sept. 30, 1915 Oct. 1, 1915 do Oct. 5, 1915 Oct. 9, 1915 do Oct. 13,1915 do ' ct. 15,1915 ( ct. 16,1915 do do do fct. 18,1915 do ret. 19,1915 Cot. 25,1915 ....do ...do 'Ct. 26,1915 '' ct. 29, 1915 Cct. 30,1915 ....do Nov. 1,1916 Nov. 2,1916 Nov. 6,1915 ....do ....do ....do Nov. 6, 1915 ....do Nov. 9,1915 ....do .-..do Nov. 12,1916 ....do Nov. 16,1915 ....do Nov. 19,1915 -...do Nov. 20,1915 ....do Nov. 23, 1915 ....do Nov. 26,1916 ---.do Oct. ret. ret. fct. Dec. 3, 1915 Deo. 4,1915 ....do ....do Dec. 6,1915 ....do Dec. 8, 1916 Dec. 10,1915 do Dec. 14,1915 Dec. 16,1915 Dec. 17,1915 Dec. 23,1915 Dec. 27,1916 ..-.do Jan. 8,1916 Jan. 3, 1916 Jan. 7, 1916 ..-.do • Unconditional. Dec. 13,1915 Dec. 14,1915 do Dec. 18,1915 Dec. 20,1916 ....do Deo. 27,1915 Dec. 30,1915 ....do Jan. 11,1916 Jan. 6, 1916 .Ian. 10,1916 ....do Sept. 15, 1916 Sept. 23, 1915 do Oct. 1, 1915 1 Oct. 6, 1915 Oct. 2, 1915 Oct. 5, 1915 do ....do ....do Oct. 7,1915 Oct. 12,1915 ....do lOct. 15,1915 15, 1915 20, 1915 21,1915 20, 1915 do -...do fct. 23,1915 ....do Nov. 15,1915 Cct. 29,1915 ....do Nov. 15,1915 Oct. 28,1915 Nov. 1,1915 Nov. 4, 1915 do Nov. 3, 1915 ....do Nov. 9,1915 iNov. 8,1916 do Nov. 9,1915 Dec. 17,1916 Nov. 9,1916 Nov. 11,1916 Nov. 13,1915 do Dec. 17,1915 Nov. 17,1915 Nov. 18,1916 Nov. 19,1915 Nov. 29,1915 Nov. 22,1915 Nov. 29,1915 do Dec. 6; 1915 Dec. 13,1915 Nov. 29,1915 Dec. 16,1915 Dec. 7,1915 do do do Dec. 9,1915 do.i Dec. 18,1915 do.i do Dec. 22,1916 do Deo. 23,1915 Deo. 30,1915 Jan. 12,1916 do do Jan. 7, 1916 iJan. 12,1916 Jan. 13,1916 Sept. 17,1916 Sept. 23,1015 Do. Oct. 2,1916 Oct. 8,1915 Oct. 2,1915 Oct. 6,1915 Do. Do. Do. Oct. 8,1915 Oct. 13,1915 Do. Oct. 16,1915 Do. Cct. 21,1915 fct.. 22,1911 Do. Do. Do. Oct. 25,1915 Do. Nov. 17,1915 fct. 30,1915 Do. Nov. 17,1916 fct. 29,1915 Nov. 2,1915 Nov. 4,1915 Do. Do. Nov. 3,1915 Nov. 9,1915 Do. Do. Do. Dee. 17,1915 Nov. 10,1915 Nov. 11,1915 Nov. 15,1915 Nov. 16,1915 Dec. 17,1915 Nov. 18,1915 Do. Nov. 19,1915 Nov. 29,1915 Nov. 23,1915 Dec. 2,1915 Nov. 29,1915 Dec. 8,1915 Dec. 16,1916 Nov. 30,1915 Dec. 17,1915 Deo. 8,1916 Do. Do. Do. Dec. 10,1915 Do. Dec. 20,1915 Do. Do. Deo. 23,1913 Do. Deo. 27,1915 Deo. 31,1915 Jan. 13,1916 Do. Jan. 13,1916 Jan. 8,1916 Jan. 13,1915 Jan. 14,1916 FIVE CIVILIZED TBIBES OP INDIANS. 87 Removal of restriction cases received in the Indian Office since Jan, 1, 1915 — Continued. CHEROKEE— Continued. Name of allottee. Application. Jesse Duck Katie Starr Peggy DouWehead Wilffiim Thirsty Jennie Holland, nfie Morris . . Eliza J. Secondine William Humanstrlker .-.•.... Jennie Pan Wm. L. Russell Lucy Russell SallieM. Proctor Maggie Snake .' Sarai Spaniard Jno. W. McCracker Chas. Bearpaw Fannie January, nge Cay- wood PoUy Ketcher, nfie David... Lizzie Coming Isaac Fisher Thomas Pegg Joseph Proctor Eliza Chuculate Hunter Runaway John Glass Nancy J. Shell Nellie Ned Abraham Pleasant Daniel C. Ross John Christie Sarah Anderson Eli Whitmire Jefl Osage George Varm John Leaf Maggie Smith J. Ida Hicks John Deerhead Thomas Whitewater Dora M. Epperson, n4e Horn. OUieRohin Jesse Ridge Alexander Love Stephen W. Peak Dutch Whiteturkey Do Jennie King, n6e Doublehead William Downing Wilson Cummings Bird Knight Cynthia Herrod, nfe Colston. Charlotte Hogner Looney Goingtosleep Amanda Brown Jacob Watts Urban Miller Diana Bendabout Sam Bigknife Nancy Gritts, nfie Pelone — Charley Osage Becky Crittenden May 31,1915 July 11,1915 Sept. 28,1914 Dec. 9, 1915 Sept. 16, 1915 May W,1915 July 27,1915 Aug. 6,1913 Sept. 26, 1915 do Oct. 22,1915 Jan. 2, 1915 Sept. 29, 1915 Jan. 5,1916 July 19,1915 Forwarded by superin- tendent. Aug. Oct. Nov. May May May Oct. 11,1915 19, 1915 4, 1915 11,1915 9, 1914 18,1915 16, 1915 Sept. 18, 1915 Nov. 6,1915 Mar. 17,1915 Apr. Deo. Dec. Jan. Feb. 30, 1915 6. 1915 27. 1915 28. 1916 4. 1916 Nov. 3,1916 Nov. 18,1915 Dec. 14,1915 Dec. 30,1915 Jan. 10,1916 June 17,1915 Jan. 30,1915 Dec. 12,1915 Oct. 22,1915 Nov. 30,1915 May 25,1914 Jan. 2, 1915 Feb. 26,1915 do May 25,1915 May 14,1915 11, 1915 26. 1915 13. 1916 19, 1915 20, 1915 3, 1908 Not. 11,1914 Dec. 22,1914 5, 1914 9, 1914 9, 1914 3, 1914 Jan. 10,1916 do Jan. 24,1916 28, 1916 27, 1916 31,1916: 2,1916 5, 1916 do do do ....do , ....do Feb. 7, 1916 ....do Jan. Jan. «Jan. Feb. Feb. Oct. Nov. Jan. Oct. Oct. Aug. Dec. May Jan. Aug. Nov. 10,1914 John Spade Nov. 19,1913 ! Jan Taylor Cockrum : Feb, '" '""" ^-" 16,1909 Lucy Sareopie Marcie Chair . .' June 20, 1914 Jan. 14,1915 Mar. 24,1915 Mav 27,1914 Feb. 10,1916 do ....do Feb. 14,1916 Feb. 15,1916 Feb. 17,1916 do ....do Feb. 19,1916 ....do Feb. 21,1916 Feb. 25,1916 Feb. 26,1916 Feb. 24,1916 Feb. 26,1916 do Mar. 3,1916 do Mar. 1, 1916 Mar. 6,1916 do do Mar. 9, 1916 do Mar. 8,1916 Mar. 13,1916 do Feb. 19,1915 May 25,1915 Aug. 7, 1915 Aug. 24,1915 do Nov. 17,1915 7, 1916 8, 1916 2, 1916 3, 1916 ....do Feb. 18,1915 Feb. 20,1915 Feb. 12,1916 10, 1915 2, 1915 28, 1915 25, 1915 27. 1915 8. 1915 26. 1914 15. 1916 8. 1916 5, 1915 24. 1915 Received. Mar. Mar. Mar. Mar. Feb. Feb. Jan. Jan. Jan. Oct. Jan. May Apr. Mar, Jan. 14,1916 do Jan. 28,1916 Jan. 31,1916 do Feb. 4, 1916 Feb. 7, 1916 Feb. 8,1916 do do do do do Feb. 11,1916 do Feb. 1, 1916 ....do Jan. 31,1916 Feb. 7,1916 Feb. 2,1916 Mar. 20,1916 Feb. 10,1916 Feb. 11,1916 I Feb. 14,1916 .do.i. Feb. 14,1916 ....do ....do Feb. 17,1916 Feb. 18,1916 Feb. 21,1916 do ....do Feb. 23,1916 do Feb. 24,1916 Feb. 29,1916 do Mar. 1, 1916 Mar. 2, 1916 ....do Mar. 6, 1916 ....do Mar. 7, 1916 Mar. 8,1916 do Mar. 10,1916 Mar. 13,1916 do ....do Mar. 16,1916 Mar. .17, 1916 Mar. 5,1915 May 28,1915 Aug. 10,1915 Aug. 25,1916 Aug. 28,1915 Nov. 20, 1915 Mar. 10,1916 Mar. 11,1916 Mar. 6, 191? ....do ....do Feb. 24,1916 6, 1916 Annie Cochran Ella Hildebrand Richard Wilkerson Lucinda Moore, nee Secon- ^^^^^^^^^. ^^,^ ^,^,n, ^pr, 3,1916 Apr. 9,1915 Samuel 0"rieids 'Nov. 1,1911 Mar. 30,1915 do Apr. 7,1915 Ma"y Hendriiks,n& Watts.. i Jan. 30; 1915 do Apr. 6,1916 'Apr. 10,1915 1 Unconditional. 2 Report Mar. 17, 1916. 8 Disapproved. 5 Returned with'li.st of cases where land had oil value. Mar. 5, 1915, not approved Approved or disapproved. Feb. 10,1916 Feb. 11,1916 ....do Feb. 15,1916 Feb. 14,1916 Feb. 16,1916 Feb. 17,1916 Feb. 21,1916 iFeb. 24,1916 Feb. 21,1916 Feb. 25,1916 Feb. 24,1916 do Mar. 4, 1916 do do do do.i do.i do do.i Mar. 9, 1916 Mar. 13,1916 do.i do Mar. 11,1916 Mar. 13,1916 Mar. 16,1916 iMar. 18,1916 Mar. 16,1916 iMar. 20,1916 Mar. 20,1916 IMar. 9,1915 (=) Aug. 12,1915 Oct. 7, 1916 do Nov. 29,1916 RetiuTied to superintend- ent. Report. 92 FIVE CIVILIZED TEIBES OF INDIANS. Jiemoval of restriction cases received in the Indian Office since Jan. 1, 1915 — Continued. CHICKASAWS— Continued. Name of allottee. J. M. Perry Joe H. Burns Davidson Alexander William Fillmore Emily A. Moit Susan Lawrence, n^e Leader Kitty Jaclcson,n6e Purtle Sylva Lee, n6e James Abel Brown Nelson Hawkins Isaac Burris Maud Tmner, n6e Duck- worth. Ludie Napoleon Goins Mary Ayakatubby Ma Fillmore, n^e Ayakatub- by. Sophia Apala Lou Duckworth Nellie Fillmore (now Robin- son). James E. Bolen Minnie Akers, nee Colbert. . . ■\V. J. Bray, guardian Frankie I^emn . ! Lena linmotichey, nee Un- derwood Jpwell Jones, nee Worsham. . Colbert Miller Jame.s J . Gravson Maulsey Williamson, nee Keener Jas. Cotton McCurtain Felix Wisdom Morris H . Hawkins Do Johnson Leader James Nolatubbee Fletcher Frazier Mason Brown Elonzo Tyson Mack Burris Caroline Sealy, nee Leader. . . Moses James Je.sse Tmmotichey Bennett Lavers.*. Jacob James , . -. Nannie Brown, inc. by J. C. Ladd, guardian ." Carrie Bowman, nee Brown . Lynch -\rpealer J.' F. Jackson, guardian of Laura D.Colbert Ahner Atkius, guardian of Mulford Jackson Holmes Immotichey James E. Bolen Sylvia Gipson, nee Williams. Ca Lherine Frazier, nee Green- wood Emma Walker, minor, Jno. C. Chapman, guardian Lucy Brown Daniel Hays.. Application. Dec. 23, Oct. 21, Sept. 13, May 11, July 7, Jan. 25, Oct. 28, July 14, Feb. 24, Apr. 28, July 10, Apr. 29, Apr. 17, Sept. 27, .July 26, July 19, Jan. 28, Sept. 6, Aug. 18, Aug. 4, 1914 191S 1915 1915 1916 1915 1914 1915 1915 1915 1915 1915 1915 1915 1915 1915 1915 1915 1915 1915 July 16,1915 Aug. 30, Aug. 27, Jan. 26, Aug. 2, Dec. 6, Dec. 4, Aug. ?, Felj. 3, Oct. 17, Oct. 30, Nov. 20, Dec. 27, Oct. 5, July 10, July 27, Jan. 1 2, May 19, Sept. 16, May 10, May 15, ■ Scpl. 20, I Mar- 14, j Jan. 30, 1915 1915 1916 1915 1915 1915 1915 1915 1913 1915 1915 1915 1915 1914 1914 1915 1915 1914 1915 1914 1911 1914 1915 Oct. 15, Sept. 9. do.. do.. 1915 1914 .do. Dec. 2, Oct. 5, rMav 20, 1914 1915 1909 Fonfarded by.suEer-tq- tendent: Mar. 11 Nov. 20, Mar. Dec. 17, Feb. 4, Feb. 10, Sept. 29, Oct. 2, Oct. 15, ...do.. Oct. 27 Nov. 5 Nov. 16, Nov. 20, ....do Nov. 27 Nov. 30, Dec. 2, Dec. Dec. Dec. 23, Feb. 2, Feb. 10, Feb. 17, Feb. 24, Feb. Mzr. Mar. Mar. Dec. Mar. Jan. Jan. Jan. Dec. Nov. July July Jan. Jan. Feb. Jan. 18, Dec. 13, Mar. 22; 1916 1915 1916 1915 1916 1915 1915 1915 1915 1915 1915 1915 1915 1915 1916 1915 1915 1915 1915 1916 1916 1916 1916 1916, 1916 1915 1915 1914 1916 1916 1916 1916 1914 1916 1915 1916 1915 1916 1915 1916 1915 1915 Feb. 13,1916 .do. .do. .do. .do. .do. Oct. 9, 1915 Oct. 21,1915 Mar. 2,1915 s June 12, 1916 Feb. 28,1916 Received. Approved or disapproved. Mar. 16,1916 Nov. 23,1916 Mar. 13,1916 Dee. 20,1915 8, 1916 16, 1916 4, 1916 5, 1915 18,1916 do Oct. 30,191-6 Nov. 9, 1915 Nov. 19,1915 Nov. 23,1915 ....do Feb. Feb. Oct. Oct. Oct. 1 Mar. Nov. Mar. Dec. Feb. Feb. Oct. Oct. Oct. Oct. Nov. 1 Nov. Nov. 30, 1915 Dec. 3, 1915 Dec. 4, 1915 ....do Dec. 17,1916 Dec. 27,1915 Feb. 5, 1916 Feb. 14,1916 Feb. 21,1916 Mar. 1, 1916 Mar. Mar. Mar. Apr. Dec. Mar. Feb. Feb. Jan. Jan. Nov. July July Jan. .Tan. Feb. Jan. Dec. Mar. 3,1916 4,1916 10, 1916 3. 1915 21. 1914 5. 1916 4, 1916 1, 1916 10, 1916 5, 1915 23,1915 20. 1915 29, 1915 25, 1915 31,1916 16. 1915 21. 1916 17,1915 27, 1915 19, 1915 29, 1915 18,1916 22. 1915 14. 1916 23. 1915 5. 1915 8. 1916 25,1915 23. 1916 3, 1915 15, 1915 Nov. 29,1915 do do Dec. 3, 1916 1 Dec. 7, 1915 do Dec. Dec. 8,1915 20, 1915 .do. 1 Feb. 9, 1016 Feb. 17,1916 Feb. 24,1916 Mar. 4, 1916 Mar. Mar. Mar. Apr. Jan. 1 Mar. Feb. ....do Jan. 1 Jan. Nov. July 'Aug. Mar. 1 Feb. Mar. 7, 1916 9, 1916 13, 1916 10. 1915 7, 1915 11,1916 8, 1016 13; 1916 14,1916 29. 1916 22, 1915 2, 1915 18, 1915 7,1910 16, 1915 Feb. 18,1915 .do. .do. .do. .do. .do. Oct. 13,1915 Oct. 25,1915 Mar. 8,1915 Tune 17,1915 Mar. 3, 1916 Jan. 22,1915 Dec. 20,1915 Apr. 3, 1916 Mar. 6, 1915 .do .do .do .do .do Oct. 18,1915 Oct. 29,1915 !Mar. 31,1915 5 Mar. 1.6,1916 Returned to superintend- ent. Mar. 20,1915 Nov. 29,1915 Mar. 20,1910 Dec. 23,1915 Feb. 15,1916 Feb. 25,1915 6,1915 9,1915 26,1915 25,1915 3,1915 15,1915 Oct. Oct. Oct. Oct. Nov Nov Nov. 29,1915 Do. Do. Dec. 4, 1915 Dec. 8, 1915 Do. Do. Dec. 21,1915 Doc. 30,1915 Feb. 10,1916 Feb. 18,1916 Feb. 28,1916 Mar. 6,1916 Mar. Mar. Mar. -■Vpr. Jan. Mar, Feb, 8,1916 9,1916 14,1916 10,1915 7,1915 13,1916 9,1916 Do. Jan. 13,1916 Jan. 16,1915 Nov. 29,1916 July 23,1915 Aug. 2,1915 Mar. 19,1915 Feb. 8,1916 Afar. 15,1915 Jan. 25,1915 Dec. 21,1915 Apr. 3,1915 Mar. 1,1915 Do. Do. Do. Do. Do. Oct. Oct. Apr. 19, 1915 29,1915 1,1915 Mar. 17,1916 CHOCTAWS. Selena Jones, nee Phillips. . G ilbert Nelson Lnc^- Sampson 1 Uncondifional. -' Not approved. '■' Resubmitted. Jan. 2, 1916 Jan. 1, 1916 do Jan. 7, 1916 Jan. 8,1916 .Tan. 22,1915 < Report. '- Approved. 6 Report Jan. 18, igi."' Jan. Jan. Jan. 7,1915 8,1915 23,1915 FIVE CIVILIZED TRIBES OF INDIANS. 93 Removal of restriction cases received in the Indian Office since Jan. 1, 1915 — Continued. CHOCTAWS— Continued. Name of allottee. Anderson, Elliott Edna Simmons, nee Jcflerson Zona Logan, nee Free Beteey Thompson Levi Dwij^ht Betty Morris, nee Billery Dora Pope, nee JefTerson Lem Taylor Tobias Christy Gibson Cobb .' Lena Wesley, nee John Xiay Carney Nancy Ebu-hotnbbi Gibson Anderson Joel Dyer Robinson McKinney Henry Bjinston Sampson Beams Wilbum Dnna Jacob Smith Philip Thompson Mary Garland, nee McOur- tain n&e Matthew Henry Molsey Pisachubbi, Austin Cistin McKinney George Tlsho Jemima Willis, n6e Cephas. . Easter Lewis . . . Marlin Billy.... Emiline Heams Frank Dameal . Elsie Wallin,n^e Tom.... Sophia Dash, n^e Cochnauer. Stephen Tamey Jessee McGee Austin Moore Johnson Bacon Emma Mills, n6e Gardner Davis Potts Viola Tillman, nge Ervin. Mary Hudson, n6e Anderson. Lucy England, nSe Forest. Malena Wilson Lillie Adams, n^e Going. - . Agnes, TmTier,n^e Graman Lewis Page Allen Brown Susan Edward Sophia Jones Silman Thomas Phelena Shoney Esa Watson, n^e John Theodore Benton Jefferson Gardner Edward Knight John Gibson Ella Gross, n& iiobin'son.. Sim Folsom Dora Cooper Lillin Ishteka Leister Heed Selina Le Flore Icy Christie, nie Taylor — Mary Roberts, nfe Le Flore Application. Forwarded by superin- tendent. Received. Oct. July 20, 1914 2S, 1914 .1 Deo. Jan. 30, 1914 2, 1915 Sept. Sept. Nov. Nov. Nov. Dec. Nov. Aug. Sept. Oct. Aug. Dec. July Sept. Nov. 26, 1914 24. 1913 13. 1914 19, 1914 30, 1914 16. 1913 22,1913 12. 1914 20, 1914 10. 1913 17. 1914 10, 1914 26. 1913 14. 1914 6, 1914 .do. July 31,1914 Dec. Nov. 16, 1914 20, 1914 /Feb. \May July July July Deo. June July July Deo. /Nov. \Jan. Nov. Sept. Nov. Apr. Nov. Nov. June Oct. Oct. M4y Oct. Jan. Sept. June Dec. July Sept. Jan. Dec. July Dec. Jan. Nov. Jan. Oct. Deo. Dec. Jan. Apr. Oct. Nov. July 17, 1914 4, 1914 22, 1914 20, 1914 28, 1914 24. 1913 19,1914 3,1914 25. 1914 5. 1914 5. 1913 7. 1915 24, 1914 11, 1914 6. 1914 30, 1914 22, 1914 18,1914 17, 1914 30, 1914 2, 1914 18, 1914 7, 1914 11,1915 3,1914 29,1914 2,1914 21,1914 4. 1914 4. 1915 17, 1914 28. 1914 29. 1913 20. 1915 26. 1914 9,1915 8. 1914 26, 1914 16, 1914 5. 1915 24, 1914 29, 1914 10, 1914 1,1914 ' Unconditional. 2 Report Mar. 4, 1915; 3 Report Mar. 11, 1915. < Not approved. Jan. 'Jan, Jan, Jan, Jan, Dec. 31,1914 Jan. 6, 1915 Jan. 4,1915 .-..do Jan. 9,1915 Jan. 5, 1915 Jan. 9, 1915 Dec. 30,1914 do Jan. 15,1915 11, 1915 14, 1915 15, 1915 19, 1915 21, 1915 iJan. 27,1915 Jan. 25,1915 Jan. 9,1915 6 Jan. I Jan. 7, 1915 3, 1915 Jan. 14,1915 do do Jan. 18,1915 Jan. 16,1915 Jan. 15,1915 Jan. 16,1915 Jan. 18,1915 Jan. 20,1915 Mar. 18,1915 Jan. 23,1915 do do Jan. 21,1915 do Jan. 27,1915 do do Jan. 26,1915 Jan. 29,1915 do Feb. 2, 1915 do do do Feb. 1, 1915 Feb. 3, 1915 Feb. 2, 1915 Feb. 11,1915 Feb. 13,1915 Feb. 11,1915 Feb. 12,1915 Feb. 13,1915 Feb. 12,1915 Feb. 13,1915 Feb. 19,1915 Feb. 3, 1915 Feb. 8, 1915 do Feb. 6,1915 Feb. 9, 1915 do Jan. 5, 1915 ....do Jan. 7, 191.5 do Jan. 11,1915 Jan. 12,1915 do do do Jan. 14,1915 Jan. 4.1915 do.; Jan. is; 1915 do Jan. 22, 1915 do Jan. 25,1915 Jan. 28,1915 Feb. 2, 1915 do Jan. 14,1915 do.' Jan. 14,1915 Jan, 18,1915 do do Jan. 22,1915 do do do Jan. 23,1915 Jan. 22,1915 Mar. 24,1915 Jan. 28,1915 do do do do Feb. 2, 1915 do do do 8 Feb. 4,1915 do Feb. 8,1915 do Feb. 18,1915 Feb. 8,1915 do do do Feb. 15,1915 Feb. 18,1915 do do do , do Feb. 20,1915 Feb. 24,1915 Feb. 8, 1915 Feb. 15,1915 do do Feb. 16,1915 do Approved or disapproved. Jan. 7, 1915 Jan. 8, 1915 'Jan. 15,1915 Jan. 14,1915 Jan. 20,1915 ....do Feb. 23,1915 Jan. 15,1915 Jan. 20,1915 ....do Jan. 7, 1915 ....do Jan. 22, 1915 Jan. 23,1915 Mar. 20,1915 Jan. 27,1915 Jan. 30,1915 Feb. 3, 1915 (ogan Harlan John A. Garland Lizzie Wesley Jesse Hattensty Nicey Jefferson, n6e Allen . . . Sallie Battice Annie Graham, n^e Bohanaai. Sissie Push, n^e McGee George Isaac Helena Fobb, n^e Thomas . . . CaUis Peter Eleat Myer Sillin Harris ElDe M. Garrison Sealy Jefferson Betsy James Lucy Jones, n^ Baker Simon Atohko Loring Hamer Losan Hitcher, n& Washing- ton. Bud Billey Samuel R. Oliver, guardian of Lucy Henderson. Elsie Loman, n6e Nelson I.izzie Meashintubby Isaac Nelson Noble Lewis Jacl^son McKinney Dickson Solomon." George Jones Forbis Folsom Amanda J. Hudson Wesley Baker, as guardian of Simpson and Grace. Marvin Ned Wesley Bro'wn Emerson Wesley Edmund Jackson .■Vlice Hudson, n^e McCoy . . . Alfred Noah ' Annie Moore George Robinson Isom Dansby Louie M. Leflore Byington Bond Caldwell Coley Margaret Bohanan Sibbel Grammer,nfe Collin.. Wilsey Clay Emmett Anderson Soi)hia Noah Josiah James , Mary Homer, n6e Battiest. . . Mullein McCoy Edna John Harriet Pace Wilson Farmer Agnes Samuel Allington Hall Eastman McNoel William C. Simpson Eastman Jacob Vicey James, nee Fobb Sophronia E. Thompson, nee Nail. Sissy Tonihka, nee Wade James Billy J. Harvey Randall, guardian, Solomon Folsom, David Frazier Application. Oct. 23,1913 Sept. 26,1914 fjan. \May Dec. July Nov. Jan. Jan. Oct. Sept. Nov. Aug. Apr. Feb. June Jan. Nov. Dec. Oct. Nov. Jan. Feb. 29, 1915 28, 1915 4, 1914 10. 1914 21,1914 25. 1915 18, 1915 22, 1914 25, 1914 16, 1914 1. 1914 21, 1914 1,1915 19, 1914 9. 1915 13, 1914 11, 1914 9,1914 24. 1914 26. 1915 5, 1915 Oc1 . 9, 1914 Aug. 17,1914 Ocl. Dec. June Nov. Feb. Nov. Dec. Aug. Jan. Mar. Sept. Julv Dec. Oct. Dec. Jan. Julv Dec. Feb. Feb. Dec. Feb. Feb. Jan. Jan. July Jan. Oct. June Ocl. Oct. Mar Feb. Sept. Jan. Jan. Oct. Feb. Nov. Jan. 14. 1914 12,1914 9, 1914 1. 1913 10. 1915 7. 1914 15. 1914 16. 1913 25. 1915 20, 1915 2-i, 1914 2, 1914 31. 1914 31. 1914 9, 1914 25. 1915 3,1914 4, 1914 3,1915 8,1815 8, 1914 3,1916 23, 1915 16, 1915 19, 1915 31, 1915 25, 1915 30, 1914 8,1915 12. 1914 5. 1914 2. 1915 11,1915 8,1914 12. 1915 21,1915 18. 1913 20, 1915 25. 1914 20. 1915 June 13,1913 Sept. 6,1913 Apr. 6, 1915 Nov. 12,1914 ' Suit to remove cloud. 2 Not approved. Forwarded by superin- tendent. Feb. 11, Feb. 12: ....do.. Feb. 16 Oct. 28, Feb. 13, Feb. 18' Feb. 20 Feb. 26: Mar. 1: Mar. 6, Mar. 10 Mar. 12: ....do Mar. 16 Feb. 2J do.: Feb. 26 do.: Feb. 27 do.: Feb. 26, Mar. 2, Mar. 1 Feb. Mar. 27 Mar. 1 Feb. 27: Mar. 10: do.: Mar. 8 do. Mar. 11 Mar. 12: do Sept. 23 Mar. 16 do Mar. IS Mar. 16; Mar. 20, Mar. 16, do Mar. 2.1, Mar. 22: do Mar. IP, Mar. 22: do .do Sent, Feb. 23: Mar. 26: Mar. 27: Mar. 26: Mar. 27: Mar. 30 .do. Apr, do. Apr. 13, May 17; Apr. 17, do.. Apr. 2 Apr. 9 Apr. 13 Apr. 17, 1915 1915 1915 1916 1915 1915 1915 1915 1916 1916 1915 1915 1916 1916 1915 1915 1916 1916 1915 1915 1915 1915 1915 1915 1915 1916 1915 1915 1916 1915 1916 1915 1915 1915 1916 1915 1916 1916 1915 1916 1916 1915 1915 1915 ins 1915 1915 1915 1915 1915 1915 Received. Feb. 16,1915 Feb. 18,1915 ....do Feb. 20,1915 1,1916 20. 1915 24,1915 4, 1915 5, 1915 8. 1915 9. 1916 15,1916 16. 1916 19, 1916 24, 1915 4,1915 ....do Mar. 5, 1915 do Nov Feb Feb. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar. Mar .do. do do Mar. 8, 1915 do ....do Mar. 9, 1915 do Mar. 8, 1915 Mar. 15,1915 do do ....do Mar. 16,1915 do Mar. 19,1915 Sept. 28,1915 Mar. 24,1915 do do do Mar. 27,1916 Mar. 24,1916 do Mar. 27,1915 do.. do Mar. 26,1915 Mar. 27,1915 do do do Sept. 11,1915 Feb. 2,8,1915 Mar. 30,1915 Apr. 3, 1915 do Apr. 6, 1916 do do Apr. 9, 1915 Apr. 16,1915 Apr. 20,1915 May 20,1915 Apr. 22,1915 Apr. 19,1915 Apr. 14,1915 Apr. 19,1916 do do Approved or disapproved. 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PhPhP, • * ft 0 lO it3 CD CD ■ CD »0 O^ O^ O^ O^ ^ C^ O^ ^ O^ ■ O^ O) i-( rH T-i r-n-l T-H i-< i-H i-( t.-tt-t - ^E &a ts <3 ear's a g £ ea 3 ZRR^SSi^^aH OOOOiasMOOtDOOOOt- OSOSOiCOOCD-^QOCNCMCOOO •5E 11 B 3 1:3 ® ^ +^ OS S-*^ r-t ftt- lag WOg' •ss FIVE CIVILIZED TBIBES OF INDIiNS. 151 Mr. Campbell. Is not one of the principal causes of delay in ap- proving oil leases the change of regulations between the time when the application is made and the time that the field agent makes his recommendations and the time when the matter is disposed of by the department? Mr. Carteb. Mr. Meritt, will you let your statement show not only tlio time when the commissioner made his decision, but the time when it was transmitted back to the superintendent and the time it got back into the hands of the fellow who made the application? Mr. Meritt. Yes, sir. What was your question, Mr. Campbell? Mr. Cajipbell. My question was if the change of regulations was not a very prolific cause of delay in the approval of leases. Ml-. Meriit. No, sir; I do not believe that the change of regula- tions has seriously retarded the approval of leases. Mr. Campbell,. Have not applications come into the bureau under one series of regulations and been approved under a subsequent series of regulations promulgated by the department or sent back and made to conform to subsequent regulations? Mr. jVIeriti'. That has not occurred very frequently. ^ii'. Campbell. I think it occiu-red quite frequently a few years ago. Ml-. Carter. I can tell of one case where it occurred to me. I started out to buy 100 acres of land and I purchased a little surface lot of a wliite man. That application went to a land office, and it was forwarded to the Commissioner of the Five Civilized Tribes at Muskogee, and he recommended the matter to the Interior Depart- ment, and the regulation M'as not changed when the application reached the Interior Department, but after the application reached the Interior Department the regulation was changed before action was taken on it, and the woman was prevented from filing on this land. Before the application got back the woman died, and a little child was bom at the date of her death, and I found out when I got back that I had paid my $1,200 for 100 acres of land for which I could not get title until that child got to be 21 years of age, and it was just born. Mr. Murray. Mr. Chairman, I want to suggest that the definition of " grafter " is a man who deals in Indian lands. Mr. Campbell. Every man in Oklahoma who gets an oil lease or a lease of land is immediately constituted a land grafter. Mr. Murray. Mr. Parker, at Muskogee, has chai-ge of reuioval of restrictions, conditional and unconditional? Mr. Meritt. Yes, sir. Mr. Murray. Both of which are approved here? Mr. Meritt. Yes, sir. Mr. Murray. They have the question of approval of oil leases ? Mr. Meritt. Yes, sir. Mr. Murray. And of agricultural and grazing leases ? Mr. Meritt. Yes, sir. Mr. Murray. And of sales Avhere the allottee has had his condi- tions removed conditionally? Mr. Meritt. Yes, sir. Mr. Murray. And where the field agent goes out and improves the farm of a restricted Indian and he buys lumber and hires a carpenter to build a house, those payments are approved here, are they not? 152 FIVE CIVILIZED IHIBES OF INDIANS. Mr. Meritt. We give to the superintendent general authority in those matters. • . Mr. MiTERAT. In all those general questions some ot them are ot more moment than others, or there is greater danger of graft in them than in others ? ; Mr. Meritt. Some of them are more important than others. Mr. Murray. In other words, in the question of agricultural leases vou feel that you can rely on the agent on them? Mr. Meritt. ^Ye have given the superintendent authority to ap- prove the agricultural leases that formerly came to the department. Mr. Mtjrrat. That can be done, you think, with safety ? Mr. Meritt. We do not require legislation to do that, because Mr. MuRRAr. Could not that also be done in the payment of these accounts for carpenters? _ . Mr. Meritt. We give the superintendent now general authority in those matters. Mr. MuRRAT. I was not aware of that. You have the authority and you have extended that authority ? Mr. Meritt. Yes, sir. Mr. Murray. The removal of restrictions where it is made con- ditionally is of less importance than where it goes to sale of land; would you not think so? Mr. Meritt. Yes, sir. Mr. MuT?RAY. Assuming that you would not permit them to sell land without an approval up here, Avould there be any objection to permitting him to remove the restrictions conditionally without per- mitting him Mr. Meritt. We feel that ^\'hen we remove the restrictions off the land of an Indian, that is a very important matter, and that the action of the superintendent of Indian reservations in regard to a matter of that importance, in ^•iew of the general local conditions, should be supervised by superior officers. Mr. Murray. Here is what I want to get at. Some of these ques-. tions are more important than others. Mr. Meritt. Yes, sir. Mr. Murray. There is no doubt of that. What I was trying to get at was whether there was some line by which it would be per- fectly satisfactory and safe for the work to be completed down there, although assuming that you would not agree that all of it be done. To what extent would the department be willing to let everything be wound up down there, and to what extent would it curtail the authority of the department up here? In other words, would you be willing to go any further than those grazing and agi'icultural leases and the payment of counsel ? Mr. Meritt. So far as I am personally concerned, and so far as I ha\e authority to speak for the department — of course, the com- missioner and the Secretaiy have final authority on these matters— I would see no objection to the Superintendent of the Five Civilized Tribes having absolute jurisdiction regarding the investment of the funds of Indians up to a certain amount, say $2,500. Some of those Indians have incomes of $500 a day from oil royalties ; and I would think that it would be unwise to give the superintendent abso- lute authority over the investment of such a large sum of money it FIVE CIVILIZED TRIBES OF INDIANS. 153 local reul estate or loenl investments. 80 far as the removal of restrictions is concerned, I think that every removal-of-restrictions case should be reviewed by some other authority than the Superin- tendent of the Five Civilized Tribes before final action is taken. So far as oil and gas leases are concerned, I feel that where there are no contests the Superintendent of the Five Civilized Tribes might well be given authority — fuial authority — to act foi' the Secretary in the approval of oil and gas mining leases without sending those leases to the department. Mr. MuEKAT. What would be the objection to permitting him to remove restrictions, since the removal of the restrictions does not make it taxable and it can not be sold ? Assuming that you reserve the authority to approve the sale, he can not sell it. The restriction remains until he gets the approval up here, and yet it is not taxable. What harm could arise from permittmg him to do that ? Mr. Meeitt. I believe that the department would prefer that these cases be passed upon by a commission to be appointed by the Secre- tary rather than to vest the superintendent with final authority. The Chairman. Do you think it would be possible for this com- mittee to appoint a subcommittee of three or five members to meet with the department and see how close they could come together on this proposition so as to define clearly the jurisdiction of the Com- missioner of the Five Civilized Tribes retaining such jurisdiction as you desire here and giving him definite jurisdiction there? Mr. Meeitt. I think that would be a very happy solution of the matter. Mr. Hastings. How many men are there under the Indian Office, under the Superintendent of the Five Civilized Tribes? Mr. Mekitt. About 300. May I give the exact number later in the record? I find the exact number to be 279 employees under Supt. Parker, also 161 employees in tribal school work, in addition to 19 probate attorneys, making a total of 459 employees in the Five Civi- lized Tribes. Mr. Hastings. In your statement the other day you enlarged upon the probate conditions in Oklahoma for the last three or four years past. Thisbill would not affect that at all, would it? Mr. Meeitt. This bill would give the Superintendent of the Five Civilized Tribes absolute jurisdiction over all individual Indian Mr. Hastings. But this bill would retain all probate attorneys, would it not ? Mr. Meeitt. Yes, sir. . . Mr. Hastings. So that it does not remove any supervision over any any Indian's estate, does it? ,,.,.„ u , j Mr Meeitt. The probate attorneys under this bill would be under the jurisdiction of the Superintendent of the Five Civilized Tribes rather than that of the Secretary of the Interior and the Commis- sioner of Indian Affairs. , ^ ^j. .u 4. Mr. Hastings. But you would have the probate attorneys there yet, ^ Mr. ^feEiTT. The probate attorneys would be there, but they would not be under the jurisdiction of the Secretary. 154 FIVE CIVILIZED TKIBJSS OF INDIANS. Mr. Hastings. They would be there in Oklahoma, and their duties would be to look after these matters the same as now. This would not change that law at all ? Mr. Meritt. That is true, but we should bear in mind in that con^ nection that these probate attorneys are not under civil service. Prac- tically all of them are appointed from the State of Oklahoma. Mr. Hastings. You made a good long reference here to the sale of inherited lands. This bill would not change that at all, would it ? Mr. Meritt. No, sir. Mr. Hastings. You have made a good long reference in your state- ment to wills and gave some cases. This bill would not change the law of wills at all, would it ? Mr. Meritt. This law would change the methods of sale of Indian lands in so far as it now requires the approval of the Secretary of the Interior. Mr. Hastings. Is thei'e any la^v now that requires the approval of the Secretary of the Interior upon the sale of inherited lands? Mr. Meritt. Where the heirs are of full blood. Mr. Hastings. Now? Mr. Meritt. I think so. Mr. Hastings. No, sir; you are mistaken about that. There is no such law, and it does not change it in that respect at all ; and if you will look it up, you will change your statement. Mr. Meritt. I find that there is a court decision on that question : We formerly approved deeds where the interests ot full-blood heirs were iu- vijlved. In the decision of the United Slates court of appeals, eighth circuit, iu the case of United States v. Knight & Avery (206 Fed., 145), in referring to section 9 of the act of May 27, 1908 (.35 Stat. L.. 312), it was held that the ap- proval of the Secretary of the Interior was not necessary to the validity of the conveyance of any interest of a full-blood Indian heir in lands allotted to an ancestor who died prior to Jtay 27, 1908. Attention is invited to the exception in the second proviso contained in section 9 of the act of Jlay 27, 1908, supra, which section reads as follows : " Sec. 9. That the death of any allottee of the Five Civilized Tribes shall operate to remove all restrictions upon the alienation of said allottee's land: Provided, That no conveyance of any interest of aiiy full-bU)od Indian heir in such land shall be valid unless sipproved bj- the court having jurisdiction of the settlement of the estate of said deceased allottee : Proridrd further, That if any member of the Five Civilized Tribes of one-half or more Indian blood shall die leaving issue sur\-iving, born since March fourth, nineteen hundred and six, the homestead of such deceased allottee shall remain inalienable, unless restrictions against alienation are removed therefrom by the Seci-etary of the Interior in the manner provided in section one hereof, for the use and support of such issue, during their life or lives, until April twenty-sixth, nineteen hundred and thirty- one ; but if no such issue survive, then such allottee, if an adult, may dispose of his homestead by will free from all restrictions ; and if this be not done, or in tlie event the issue hereinbefcjre provided for die before April twenty-sixth, nineteen hundred and thirty-one, the land shall then descend to the heirs, ac- cording to the laws of descent and distribution of the State of Oklahoma, free from all restrictions: Provided further. That the provisions of section twenty- three of the act of April twenty-sixth, nineteen huiidred and six, as amended by this act, are hereby made applicable to all wills executed under this section." Mr. Davenport. The Knight- A \ery case in the United States court of appeals settled that. That held that the Secretary of the Interior did not have to approve the disposition of inherited "lands. Mr. Hasting. This bill does not remove restrictions from the lands of any restricted Indian, does it? The only thing accomplished by this bill is to remove the place where the appro\'al shall be made from an office here in Washington City to practically 1,.500 miles away, to FIVE CIVILIZED TRIBES OF INDIANS. 155 the office of the Superintendent of the Five Civilized Tribes. In a nutshell that is what is intended to be accomplished by this bill, is it not? Mr. Mekitt. I think the passage of this bill would tend to a more general removal of restrictions. Mr. Hastings. There are restrictions upon the homesteads of the Indians enrolled as of half Indian blood and upon the surplus lands of Indians enrolled as of three-quarters and more of Indian blood. This bill does not attempt to remove restrictions from one single acre of that land, does it? Mr. Mekitt. No, sir; this bill Avithin itself does not remove re- strictions. Mr. Hastings. It changes the supervision over the individual Indian and gives it to the Superintendent "of the Five Civilized Tribes at Muskogee, does it not? Mr. Meritt. It takes away what we call the checks and balances which are necessarv to protect the Indians of the Five Civilized Tribes. Mr. J^0RT0^^ May I inquire there, do you know A\'ho has super- vision over the removal of restrictions? Mr. Hastings. Let me state it, and if I misstate it you can correct me. You have stated it three or four times. In the first place, these three or four hundred men who are under the Superintendent of the Fi^e Civilized Tribes are either there at the office in Muskogee or are scattered at convenient places all over Oklahoma among the Five Civilized Tribes, and some of these persons are known as field clerks. The individual Indian goes to a field clerk in person and makes application for the removal of his restrictions. The clerk takes the testimony of the Indian at length. That field clerk reports upon it to the Superintendent of the Five Civilized Tribes at Muskogee. I presume that it goes through some bureau in his office there, and then this report is made by the Superintendent of the Five Civilized Tribes and is mailed to the Indian Office here in Washington. It goes to the proper bureau here in the office of the Commissioner of Indian Affairs, and there it is reviewed, and presumably it goes before the Assistant Commissioner of Indian Affairs or the (Commissioner of Indian Affairs, and fi-om that then it goes over to the Secretary of the Interior, and it does not go to the Secretary's desk but upon the desk of the Assistant Secretary or some man in the Secretary's office, and it is either approved or disapproved. Then it goes back over the same route that it came, namely, through the Indian Office and through the Superintendent of the Five Civilized Tribes, and finally the individual Indian is notified. In substance, that is the procedure, is it not? Mr. Meritt. Yes, sir. Mr. Norton. Now, in the case of removing restrictions from the lands of the Indian under your bill, would not that be finally passed upon by the Superintendent of the Five Civilized Tribes, whereas under existing law it is passed upon by the Commissioner of Indian Affairs? Mr. Hastings. Yes, sir. It does not remove any restrictions, though. It does not change existing law except as to where it shall be approved. The restrictions are retained upon all the land unless thev are removed by the Superintendent of .the Five Civilized 156 FIVE CIVILIZED TRIBES OF INDIANS. Tribes; under this bill, are they not removed, if this bill should be enacted into law? Mr. Meeitt. It would require affirmative action before the restric- tions would be removed. Mr. Hastings. Now, Mr. Meritt, as a matter of fact in Oklahoma, and particularly in the Cherokee Nation, there was $325.G0 given to each member of the Cherokee Tribe as his allotment. That allot- ment was not taken all together. The applicant went into the land office to select his allotment, and, for illustration, 30 acres of it may have been in gne block, 40 acres in another, 20 acres in another, and 10 acres may have been in another; or it may have been allotted all in one body. Now, then, if an old, decrepit Indian has 10 acres of .^0-cent land, or 20 acres of $1 land or of $2 land, as the case may be, and he is sick and poor and needy, and he goes before the local office to have his restrictions removed on this particular 20 acres or 10 acres, th;it has to go the same course, does it not, through a local field clerk, to the Superintendent of the Five Civilized Tribes and the Coniinissioner of Indian Affairs, etc., that any other application hat-, tf> i!'o through? Mr. Meiutt. Yes, sir. Mr. Hastings. Then the restrictions can not be removed off of even 10 acres for any member of the Five Civilized Tribes without going through this same course, can it ? Mr. Meeitt. No, sir. But wherever an Indian is sick we make the case special, and there is no delay in handling it. Mr. Hastings. Yes; but it necessarily takes longer if it goes through the local office and through the Superintendent of the Five Civilized Tribes, and then passes to the Commissioner of Indian Affairs and goes over to the Secretary and then comes back around, than if final action was had by the superintendent, does it not? Mr. JNIeritt. It will take probably 10 days longer. Mr. Hastings. This bill was introduced on December 6. You have given the authority to the Superintendent of the Five Civilized Tribes to approve agricultural leases, have you not ? Mr. Meeitt. Yes, sir. Mr. Hastings. Why was not that ever given before? Mr. Meeitt. We asked for legislation, and that legislation went out on a point of order. Mr. Hastings. But you never did see fit to give the local man authority to approve these agricultural leases before, did you? Mr. Meritt. No, sir. Mr. Hastings. The record shows that there are 7,600 letters re- ceived by the Superintendent of the Five Civilized Tribes, and 7,042 forwarded to the department. If this legislation was enacted would there not be a great saving of the clerical force in the prepara- tion of these letters ? Mr. Meeitt. Yes, sir; there would be considerable saving in corf- respondence. Mr. Hastings. There would be considerable saving. Mr. Meeitt. That would apply to every Indian reservation in the United States. Mr. Hastings. Would there not be a great saving to the Indian Office here in the reviewing of these reports that come from the FIVE CIVILIZED TRIBES OF INDIANS. 157 Superintendent of the Five Civilized Tribes, if that authority were left there? Mr. Meeitt. Yes, sir. Mr. Hastings. Mr. Meritt, has there been any protest by any In- dian who is a member of the Five Civilized Tribes by blood against the enactment of this legislation since it was introduced on the 6th of December, the first day Congress convened ? Mr. Meeitt. Not within my knowledge. I do not belie\e that the Indian Office has received any letters either in favor of the legisla- tion or against it. Mr. Hastings. With reference to the claims paid out of restricted money, no claim, as I understand it, can be paid unless the authority is given in advance of the filing of the claim or secured afterwards; is that correct ? If the claim is paid, for instance, out of restricted money — take, for instance, this kind of a case, that a restricted In- dian has money that he has derived either from oil or from the sale of his lands or from one of these per capita payments or from any source, can any claim be paid out of restricted moneys where the authority has not been previously granted here by the Indian Office, without the authority being granted after the claim is filed ? I hope I have made myself clear to you. In some cases, as I understand it, if an application for the removal of restrictions is made, and made for a certain specific purpose stated in the application, the authority is oftentimes granted in advance. But suppose the authority is not granted in advance, is the Superintendent of the Five Civilized Tribes now, under your present rule, authorized to pay any claim out of restricted money? Mr. Meeitt. The superintendent has already been given general authority for the purpose of handling individual Indian funds, and he has authority under the existing regulations to pay out moneys of Indians deposited to the credit of those Indians. Mr. Hastings. When was he given that authority? Mr. Meritt. At various dates. Mr. Hastings. When was the last one, Mr. Commissioner? Has he received any since the introduction of this bill? Mr. Meritt. No, sir. Mr. Hastings. Is it true that the Superintendent of the Five Civi- lized Tribes, without the authority having been previouly granted, has now authority, say, to pay a claim for a horse that is purchased, or for groceries, or for any other purpose, out of restricted moneys of Indians? . Mr. Meritt. I should say that he would have that authority under the regulations now existing. Mr. Hastings. And you are not able to tell us when these last regu- lations were made? 1 ^ n ,T , . Mr. Meritt. I have here a copy of a regulation dated March o, 1915, which reads as follows : Depaktment of the Intebiob, Office of Indian Affaies, Washington, D. C, March 6, 1915. To all disbursing officers of the Indian Service: Section 9 (B) of the Regulations Concerning the Handling of Individual Indian Money, approved July 14, 1913, is hereby promulgated as follows : " Superintendents are authorized to expend funds of adult depositors for use in constructing, repairing, and equipping houses, barns, out-buildings, fences, 158 FIVE CIVILIZED TKIBES OF INDIANS. corrals, wells, and other similar necessary improvements when placed upon their allotments. Expenditures under this section .shall be reported in the quarterly accounts, and this section referred to as the authority for the expenditure." Please acknowledge receipt of this circular and paste same between pages 4 and 5 of your book of Regulations Concerning the Handling of Individual Indian Money. Respectfully, E. B. Meritt, Assistant Commissioner. Approved, March 15, 1915. A. A. Jones, First Assistant Secretary. Mr. Hastings. That is as to authority given in advance for im- provements upon an allotment. But here is a claim, for instance, that a merchant has against a restricted Indian, or here is, say, one Indian kills another, and he has some money and he wants to hire a lawyer to defend him for $100 or $200, as the case may be, but he has nothing but restricted money, would the superintendent have authority to pay that without the approval of the department? Mr. Meritt. Amendment to section SLXA) , dated March 6, 1915, reads as follows: "-— i.;., Department of the Interior, — ■ Office of Indian Affairs, Washington, D. C, March 6, 1915. To all disbursing officers of the Indian Service: Section 9 (A) of the Regulations Concerning the Handling of Individual Indian Money, approved July 14, 1913, is hereby amended to read as follows : "All emergency needs not provided for in other sections of these regulations may be met by the superintendent without securing specific authority. Ex- penditures under this section shall be reported in the quarterly accounts, and- this section referred to as the authority for the expenditure." Please acknowledge receipt of this circular and paste same between pages 4 and 5 of your book of Regulations Concerning the Handling of Individual Indian Money. Respectfully, _ E. B. Meritt, Assistant Commissioner. Approved, March 15, 1915. A. A. Jones, First Assistant Secretary^,y Mr. Hastings. Then, if it was not considered an emergency, he would have no authority to pay it ? Mr. Meritt. Yes, sir; because the other regulation which I just read gave general authority for the expenditure of money for im- provements. Mr. Hastings. Then suppose it is not for improvements and it is not regarded as an emergency, would it not in that case be sent to the department for approval? Mr. Meritt. We have been exceedingly liberal with our superin- tendents in regard to the handling of individual Indian moneys, and they have very broad authority under existing regulations. Mr. Hastings. Suppose an Indian wanted to buy a team of horses, and he had some restricted money, and he had n6t the previous au- thority from the department here; could that be paid with the ap- proval of the Superintendent for the Five Civilized Tribes, or would It be forwarded to the department here for approA al ? Mr. Meritt. No, sir; the superintendent now would have authority under the general regulations of the department to make that pur- chase. ^ FIVE CIVILIZED TRIBES OF INDIANS. 159 Mr. Hastings. Then, as I understand it, you make the statement now that the Superintendent of the Fi^'8 Civilized Tribes has the authority to pay for any claim of any kind or character out of the restricted moneys belonging to a member of the Five Civilized Tribes? Mr. Mekitt. I do not remember making any such statement. Mr. Hasti>;gs. Well, that is what T am trying to get at. Is that a fact? Mr. Meeitt. I would not want to make a broad statement like that, because we are very careful to see that all debts contracted by Indians — all alleged debts contracted by Indians — are not paid with- out being very carefully considered. Mr. Hastings. Who passes upon that? Do these alleged accounts have to come up here for approval first? Mr. Meritt. If they amounted to any very large sum, we would expect the superintendent to take the matter up with the office. Mr. Hastings. What claims are sent here for approval and what claims are not sent here for approval to be paid out of the moneys of restricted Indians? Mr. Meritt. There are \ery few claims sent here for approval. Supt. Parker has deposited to the credit of indi\idual Indians in local banks money amounting to about $5,000,000. He has invested hundreds of thousands of dollars of Indian funds in Oklahoma with- out first procuring the consent of the Commissioner of Indian Affairs or the Secretary of the Interior. Mr. Hastings. That is not the question I am asking you. I am try- ing to find out what chiims are required to be sent here, and not how much money he has deposited in bank. I am trying to find out what claims are required to be sent here for approval — that is the ques- tion — to be paid out of moneys of the Indians. Mr. Meeiti'. "Where an Indian has employed a lawyer and agreed to pay him quite a large sum of money I think the superintendent would send a proposition like that here for approval : but the super- intendent has general authority to handle cases that may arise, or first submit those cases to the Indian Office. Mr. Hastings. Does he have to submit these accounts ? Mr. Meritt. Yes, sir; he has to submit these accounts finally to y the department. - — ■ -— " " ~^ I- — Mr. S js j tde r. "You say that under the general rule in the depart- ment the superintendent has general authority to handle moneys in these matters ? Mr. Meritt. Yes, sir. Mr. Sntder. Well, does he handle them ? Mr. Meritt. Yes, sir. Mr. Sntder. What proportion does he handle, as to the whole I number ? ,.-,,, ,^,^ Mr. Meritt. I should say that he handles at this time probably 90 per cent of the in-vesting and spending of the funds of Indians with- out first procuring authority from the Indian Office except in a 'general way,„„ _„„. ~ .—»— -— — — -^., __ Mr. Snyder. Then, on those occasions all the department does here is to take the final account and place it in their files? Mr. Sntder. Then on those 90 per cent the department itself has to take the final account, and deals with it in that way? 160 FIVE CIVILIZED TRIBES OF INDIANS. Mr. Meeitt. Yes, sir; the department takes up the accounts to see if they are in proper formf. Mr. Hastings. Referring now to the oil leases, I believe you sug- gested in an answer to a question propounded to you that the vast majority of the leases went through hurriedly and were uncontested'. Mr. Meeitt. Yes, sir. Mr. Hastings. About what per cent of those leases are contested? Mr. Meeitt. I would say not exceeding 10 per cent. ', ., Mr. Hastings. Do you not think that is too large a percentage? Do you believe that the percentage is more than 5 or even more than 3; that more than 3 per cent of those oil leases that come here for approval are contested? Mr. Meeitt. I wanted to be conservative in my statement in re- gard to the matter, and therefore I said not to exceed 10 per cent. Mr. Hastings. After giving the matter a little thought, do you think that it amounts to 5 per cent ? Mr. Meeitt. Probably not over 5 per cent. Mr. Hastings. Then, Mr. Meritt, I want to ask you what possible objection there could be to allowing the uncontested leases, say 90 or 95 per cent, to be approved by the superintendent ? Mr. Meeitt. I said this morning that so far as I am concerned, personally, I would have no objection to that. Mr. Hastings. Then you have no objection to the superintendent's approving the agricultural leases? Mr. Meeitt. No, sir. ■ Mr. Hastings. Then you would have no objection to the superin- tendent at the other end of the line paying all claims out of the re- stricted Indian moneys? You say in effect that is the way it is now ? Mr. Meeitt. Not to exceed $2,500. Mr. Hastings. Not to exceed $2,500. Then, the only objection you could have to this bill is that you insist on contested matters com- ing here, and the approval of the removal of restrictions? Mr. Dbmpsey. The payment of claims above $2,500. Mr. Meeitt. Investments involving a large sum of money. Mr. Hastings. Over $2,500? Mr. Meeitt. Yes, sir. Mr. Hastings. Then you think if an Indian has 10 acres or 20 acres of land, and desires to have the restrictions removed from them, and the land will not be worth over $25 or $50, that that ought to pass by the Superintendent of the Five Civilized Tribes and come doAvn here for approval, although that land may be dis- connected from the land upon which he lives, and may be in another county, and never lived upon by the Indian ? Mr. Meeitt. I think so, inasmuch as it would only take about 10 days additional, and also in view of the fact that we have other re- stricted allotments that are worth a quarter of a million dollars, and where there are all kinds of efforts made to get control of it. In speaking of the 10 acres not to exceed a small value, we should bear in mind that there are also other allotments of very great value. Mr. Hastings. Mr. Meritt, do you not think that if these smaller rnatters were taken away from the office of the Commissioner of In- dian Affairs that the Commissioner of Indian Affairs and his assist- FIVE CIVILIZED TRIBES OF INDIANS. 161 ants and the force under him would have more time to deal with the larger questions, with questions in regard to the policy of the Gov- ernment toward the Indians '^ Do you not think they could give more attention to those matters if they did not have so many of the details to look after? Mr. Mekitt. The conunissioner does not now take up any time in the handling of these details. Mr. Hastings. The truth about the matter is, Mr. Meritt, that ex- cepting in very exceptional cases the Commissioner of Indian Affairs does not look after any of these matters we have been discussing, does he? Mr. INIeeitt. Not vevy many of the cases now go to the Commis- sioner of Indian Affairs, because the work of the office has been divided up among the various officers. Air. Hastings. Has he ever approved, within the last six months, the removal of restrictions in any case — that is, by his own personal action? Mr. AIeritt. I think he has approved a few cases, but a majority of the cases Mr. Hastings (interposing). What per cent of cases? Mr. Meritt. A ^'ery few of them. Mr. Hastings. One out of a thousand? jSIr. INIeeitt. I should say probably that would be the case. Mr. Hastings. They go over your desk, finally, so far as the Indian Office is concerned? Mr. Meeitt. Yes, sir. Mr. Hastings. How about Secretary Lane? Do you recall his having approved one of them? Mr. Meeitt. Under the assignment of work in the Interior Depart- ment Indian matters go to the Assistant Secretary of the Interior, Mr. Sweeney. Mv. HASTINGS. Those matters come under the Assistant Secretary of the Interior? Mr. jMeeitt. Yes, sir. i\Ir. Hastings. The truth of the matter is that the Secretary of the Interior himself does not do any of that work; is that not true? Mr. Meeitt. Very little of it. The Chaie.man. If those matters go over the desk of an assistant, why could not the assistant be located in Oklahoma, as you suggested this morning? Mr. Meritt. I was suggesting that as a substitute, and I said if legislatiori must be enacted along the lines of the Hastings bill, in order to protect the interest of the Indian, the Secretary of the Inte- rior ought to have authority to name an official to be located at Mus- kogee to supervise the work of the present superintendent in con- nection with these important matters. The Ciiaikjian. And that, you think, would remove the objection to the present condition of affairs? Mr. Meeitt. I want to state, however, that I am not suggesting that with the authority of the commissioner or of the Secretary of the Interior, but I am simply suggesting it upon my own authority. The Chairman. You suggest it as one solution of this question? Mr. Meeitt. Yes, sir. 38147—16 11 162 FIVE CIVILIZED TRIBES OF INDIANS. Mr. Hastings. Mr. Meritt, you filed here a protest by the Secre- tary of the Interior. I do not want to embarrass you, if this ques- tion will embarrass you. But I would like to ask you, if you know, who prepared that protest, whether or not it was prepared in the Indian Office? Mr. Meritt. Inasmuch as the Secretary of the Interior signed that communication, Mr. Hastings, I believe it would not be proper for me to answer your question. Mr. Hastings. I do not want to embarrass you in asking the ques- tion, and you need not answer it if you think it will embarrass you. Mr. Meritt, I am very deeply interested in the success of the Indians. It has been my judgment and the judgment of a great many of us who tliink as I do about this matter that there ought to be more men located in the offices throughout Oklahoma, in the nature of expert farmers, who would go out upon the farms and assist in educating the full-blood Indian how to improve his farm, how to take care of himself, to make him self-reliant, and we think that this $176,000 which is appropriated to be used down there could be better used by employing more expert farmers, who would ^come in close touch with the full-blood Indian himself, than by using that money in the employment of stenographers and a clerical force in the office, who are engaged in sending these 7,650 letters here to the department and receiving 7,694 letters from the department, checking them up and placing them in the Mails and Files Division, and answering all of the 144,000 letters received by the Superintendent of the Five Civilized Tribes at Muskogee. Do you not believe if the Superin- tendent of the Five Civilized Tribes had more authority, that the amount of correspondence would be largely reduced, and that the clerical force could be reduced to a large extent and that you could have a larger field force to look after the welfare of the Indian, such as I have indicated? Mr. Mebitt. Mr. Hastings, if you want my candid view of this matter I will say I believe if, this bill should pass the correspondence of the office of the Superintendent of the Five Civilized Tribes would materially increase rather than decrease, and also the letters that are written from the office of the Superintendent of the Five Civil- ized Tribes, except the reports that are made to the Commissioner of Indian Affairs which would still have to be written in connection with the regular business of the office. Mr. Caktee. How many employees has the Superintendent of the Five Civilized Tribes under his supervision now? Mr. Meritt. He has about 300. Mr. Carter. I noticed in your statement which you furnished on the request of the Indian Committee you set out about 430 Indian positions for the Five Civilized Tribes in Oklahoma ? Mr. Meritt. I stated this morning that I would put the exact number of positions in the record. Mr. Carter. You have stated there are about 430 of them, and there are about 15 or 20 tribal positions, which would make a total of about 450 officials for, the Five Tribes, the salaries of many of whom are paid from tribal funds. Mr. Meritt. From tribal funds? Mr. Carter. Yes. FIVE CIVILIZED TRIBES OF INDIANS. 163 Mr. Meritt. I think that statement is not exactly correct, Mr. Carter, because Congress maltes an appropriation of $175,000 out of the Ireasury of the United States for administrative purposes, and a large number of employees are paid out of that fund. Mr. Carter. Congress makes an appropriation of $175,000 for an administrative force and an appropriation of $85,000 for probate work. Mr. Meritt. Yes, sir. Mr. Carter. In addition to that you have a great number of school employees who are paid out of the tribal funds, and all of the tribal officials are paid out of the tribal funds. Mr. Meritt. My statement was approximately limited to the office of the superintendent of the Five Civilized Tribes, but, of course, the schools of the Five Civilized Tribes do not come under the im- mediate direction of Supt. Parker. Mr. Carter. It would make about 450 employees? Mr. Meritt. Probably so. Mr. Carter. Has JMr. Parker law clerks in his office ? Mr. Meritt. He has a few law clerks. Mr. Carter. Do they advise him in regard to the legality of the various transactions which are reported to you ? Mr. Meritt. Yes, sir. Mr. Carter. Wliat means has the Secretary of the Interior or the Commissioner of Indian Affairs to determine the competency of an Indian or to determine the necessities of that Indian and the condi- tion of his family, and the necessities developed by the condition of his family for immediate funds, other than that furnished him by the Office of the Superintendent of the Five Civilized Tribes? Mr. Meritt. We have in addition to that the rolls of the Five Civilized Tribes, which show the degree of Indian blood. "i\Ir. Carter. What information would the rolls give you in regard to the condition of the family and competency of the Indian ? Mr. Meritt. The degree of Indian blood has a considerable to do in a large number of cases with the competency of the Indians. Mr. Carter. Practically everybody interested in these matters has a copy of the rolls. Mr. Meritt. Yes, sir. Mr. Carter. We have two or three sets in my office, showing the ' degree of Indian blood and the age of the Indian, but that does not show you anything about the Indian's competency, nor does it show you anything about the necessities of the family for the money pro- ceeds of the land which the Indian desires to sell, does it? Mr. Meritt. We depend largely upon the recommendations of the i superintendent, and the record as it comes from the superintendent's : office. Mr. Carter. I believe you told us this afternoon that these re- i movals are passed upon in 15 days ? Mr. Meritt. Yes, sir. e Mr. Carter. I have had up three cases within the last 15 or 20 II days; one of them the Matilda Manning case, which had been under gj consideration for many days. Then I had the case of the Ervin boys and their sister, which had been under consideration for many days, and now returned because the application was filed with the 164 FIVE CIVILIZED TRIBES OF INDIAJSTS. superintendent, who had known them all his life, and not with the field clerk, who perhaps did not know them at all. Now, I have before me the case of Noah Watson, which has been under consideration for a year and a half. Early last spring Noah Watson made application to have a part of his land sold in order that he might build a house to live in during this winter. He rented out the house he then had and moved into a tent, I am informed, thinking that he would certainly get his money in time to build his house this winter. He did that last spring, and he felt sure that he would have the money in ample time to build his house so that he could live in it the past winter. It is now March, 11 months have passed, and Mr. Watson might still be living in a tent but for the fact that he had sufficient business capacity to provide a house for his family without assistance from the Indian Bureau. Mr. MERiTr. I think, Mr. Carter, if you will investigate those cases you will find the delay was not in the Indian Office here, but in the office of the Superintendent of the Five Civilized Tribes. Mr. Carter. That is the difficulty. Under the present system responsibility for these delays can not be i^laced. I have a letter from Mr. Parker, which seems to indicate that the delay is not alto- gether in his office. He holds the opinion that these matters must be approAed by the Seci'etary of the Interior, and I notice in your letter which you sent me a few days ago that you say : " He has been au- thorized to disburse funds in cases of emergency," etc. That is on the Watson case. Those cases which I have mentioned are the only three cases which have come across my desk in the last 10 days or 2 weeks. All three of those cases have taken considerably longer than 15 days. iVIr. Mbritt. I would be glad to put into the record the history of those cases. Mr. Carter. Will you put into the record the history of the Matilda Manning case, and my letter to the commissioner ? Mr. Meritt. If you want your letter in the record, I will be glad to have it included in the record. Mr. Carter. I want the entire correspondence in the record. The Chairjiax. I believe you asked permission to put Mr. Allen's letter in the record. Mr. Meritt. Yes, sir. The Chairman. And that ])ermission was granted ? Mr. Meritt. Yes, sir. The Chairman. If there are no further questions to be asked, Mr. Meritt, I understand Mr. Davenport is here and wishes to be heard. Mr. Davenport. I would like to make a short statement. The Chairman. We would like to have the record complete in regard to this matter. You may proceed, Mr. Davenport. STATEMENT OF HON. JAMES S. DAVENPORT, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF OKLAHOMA. Mr. Davenport. Mr. Chairman and gentlemen of the committee, it IS easy for me to say that I think the Hastings^ bill, or a bill carrying provisions similar to those carried in the Hastings bill, ought to be passed. FIVE GIVItlZED TKlJiES OF INDIANS. 165 There was one statement in the testimony of the superintendent which was made here which I regret ver}' much, and which I do not believe Mr. Parlcer, the superintendent, when he made it intended to make. I submitted to Mr. Parker a lease on behalf of Mr. G. C. Spillers in November of last year, together with a draft guaranteeing that Mr. Spillers would carry out the provisions of the lease if the lease was granted to him. The matter was decided just last week, and Mr. Parker returned the draft, and so it was somewhere along the line from November of last year until almost the middle of March before it was finally passed upon, and before Mr. Spillers knew he was gc.ing to get the lease. I have no fault to find A\'ith the department or with the Indian Office here any more than with the Indian office in Oklahoma, or with any other office situated at such a great distance. You can not expe- dite matters at all, nor can you transact business satisfactorily through the local peoj^le when all their acts have to be forwarded to Washington for approval. So far as the integrity of jNIr. Parker is concerned, he is as honest as any man you will find, in my judgment, and the fact that he was in Oklahoma, his native State, in no way whatever, in my judgment, would affect his integrity. If it be a fact that because Mr. Parker was reared down there he was selected by the Interior Department to fill the position, and he is not believed to be competent, then we have Mr. Meritt, who was raised right over the line in Arkansas, and I know he is competent. If they want to make a change, let them send Mr. Meritt down there in order that the local people may get more expeditious action on the matters with which they are con- cerned. I am going to be fair with the department. I have no criticism to make. But I have never yet sought, since I have been a Member of Congress, to get any kind of legislation through relating to the Indians in my district, which, if it sought to take any jurisdiction away from the Indian Office, that the Interior Department did not resist its passage. That is a broad statement, but I challenge the records and I challenge the officials of the Indian Office to show in any case where I tried to get legislation which sought to take juris- diction away from the Indian Office that the department did not resist it Now, Mr. Chairman, I want to refer to another matter, in refer- ence to the question of the removal of restrictions in that country. The superintendent or some other official down there ought to have the right to pass upon that question and expedite the matter. I have in mind a case which Mr. Meritt will recall. That was the case of Miss Vena Johnson, a young lady who was stricken with tubercu- losis, and who had made application more than a year ago to get her restrictions removed, and they were removed with liniitations. She could not get the necessary medical treatment, with limitations on the sale of her lands, as she would have to go back and forth to a field clerk every little while in order to get $15, or $20 or $2o. She made application in the fall to get the restrictions removed m order that she might get the necessary treatment. The doctors said she needed the medical treatment, and I made application personally tq the Indian Office to get the necessary action taken. But before that 166 FIVE CIVILIZED TEIBES OF INDIANS. order could be changed, it had to go back and forth and there Avas further investigation dovrn there in Oklahoma — before that order could be changed, God, in His infinite Tvisdom removed her from this earth, and the Indian Office has protected her estate in the Cherokee Nation, but she is dead and gone. If the superintendent, or somebody had been down there at Mus- kogee with the necessary authority, they could have sent some man to see what her condition was, and could have passed finally upon the matter within less than 20 days. The Chairman. Was the local office notified of her condition? Mr. Davenport. They were, because I personally talked with Mr. Parker about it when I was down there. The Chairman. What reasons did he give Mr. Davenport (interposing). It was because of the regulations, Mr. Chairman. He had to send the application up here, when she made application to have the restrictions removed, and then it had to go back through the same channel and come back here. It is' all done according to the regulations, but it seems to me that case very vividly illustrates the unnecessary delay which is occasioned in these cases. Nobody is to blame because it is due to the regulations under which the Indian Office is operating. But if there had been some- body located down there with the necessary authority that condition would not have existed. Now, I want to refer to another matter, along the line of the re- moval of the restrictions where they remove them with limitations. If you remove them without limitations the Indian may sell the land if he pleases, and if you remove the limitations, then the depart- ment sells the land through the local field clerk and the money is paid into the superintendent's office and placed in some bank down there, and either spent in buying a team of horses or buying a wagon, and usually when they buy the horses they put the United States brand on them or, perhaps, they give them $10 or $20 a month as the case may be, or as they think they ought to give it to the Indian, and the result is, in my opinion, that if the Indian had been given all the money to spend he would have done just as well, because as it is now he goes around to the field office and gets $25 this month, and then he goes around again and gets $25 next month. If the field man there had the necessary authority which would permit him to remove the restrictions that would give the Indian an opportunity to exercise his power to sell the land, or to do as he pleases with it, he could accomplish something with the money; otherwise an order for removal ought not to be granted at all. If the Indian is incom- petent and can not handle his own money the restrictions should not be removed. I think no regulation — and I want to be fair about it — I think there has been no regulation, within my knowledge, where the In- dian made an application for the removal of his restrictions and signed an agreement at the time the application was made that he was willing for the lands to be sold through the department and the money handled by the department, that the order of removal was not made. I have made some investigation and have found many orders of removal of restrictions with limitations have been made. FIVE CIVILIZED TEIBES OF INDIANS. 167 I believe that the tidininistnition of the Indiiins' affairs down in Oklahoma can be handled as successfully, as intelligently, and as honestly right there on the grounds as they can be handled many miles a^Yay from there. I can not see to save my life why Mr. Meritt can not sit in that building that cost the Government more than $500,000 to construct, and act just as honestly, and attach his name just as efficiently to the final order as he can if ho sits in this artistic building down here which my old-time ancestor, Col. Meigs designed and helped to construct. It seems to me no excuse has been presented to justify the depart- ment in not doing something of this kind, along the lines of the Hastings bill. Mr. Chairman, I want now to refer to a matter that is somewhat apart from the Hastings bill, but which is in line with a communi- cation which has been filed with the committee. You gentlemen know that things come up in your personal contact and dealings with the departmental officers that are not always pleasant, and sometimes you have to disagrte with them. I think they are efficient, and I have not had very many disagreements with any of the departments since I have been here. But I do regret to see the letter written by R. C. Allen brought in here and filed with the committee. The reason I regret that is be- cause of the peculiar circumstances under which Mr. R. C. Allen got his appointment as a Creek national attorney. You do not see any of the other attorneys for the different tribes coming in here and filing statements like Mr. Allen's. I may as well be frank with the committee, because the matter will all come out anyway. Mr. Allen was appointed after Mr. Mott was discharged by the Secretary of the Interior and appointed, evidently, at the suggestion of Mr. Mott. Now, he comes back with a rehash, and brings in some unfor- tunate discussion that occurred on the floor of the House in 1912 in reference to the Mott report. I said on the floor of the House at that time, and I say it to this committee now, that in Oklahoma in the administration of the Indian affairs there are men who are seeking to buy lands and sell them, and to get them away from the Indians. There were men thoic who were rascals, who would not discharge their duty as they should discharge it. But the percentage of that kind of men in Oklahoma was no greater, according to population, than it was in any other State in the Union. I thought and had hoped that the Mott report was gone, and gone forever. I d onot care what Mr. Allen may seek to say to this com- mittee. I wish he had stayed here so that he could have been cross- examined, and I regret that the Commissioner of Indian Affairs did not come here so that the members of the committee could have ex- amined him. ,...,. ^. , , , M. Carter. Mr. Allen seems to think that this jurisdiction should not be vested in Mr. Parker because he is an Oklahoma man, and that an Oklahoma man is not strong enough or big enough to absolve himself from any bit of graft that might be rampant m his sur- roundings. Mr. 'Parker was not one of our State officers, and Mr. Allen had been a district judge down there, and had been subject to the same influences and impulses as the balance of our politicians. 168 FIVE CIVIIJZED TRIBES OF USTDIANS, Is it not much more of a reason to say that Mr. Allen, in his sacred capacity as the defender of the Creek Tribe of Indians against the white man ought to be absolved from that influence than there is that Mr. Parker should be ? Mr. Davemport. I think there is no question about that. I want to say with reference to Mr. Parker that I believe he is honest and that if he thought a thing was not right he would not put his name to any document of any kind, even if his best friend in the country asked him to do it. If he thought it was not right, I do not believe he would do it. And besides — and I say it with all due deference to any other gentlemen in the employment of the Government — I think Mr. Parker is surrounded by as able a corps of lawyers as anybody in any locality where these Indian questions have arisen. I do not care what the reputation of the men as lawyers may be, I say a man who has grown u.p in that business, and worked on the questions among the Five Civilized Tribes is more competent to pass upon those questions than a man who may be a good lawyer in other localities, but has not had an opportunity to study these Indian questions. The Five Civilized Tribes have always been exemjrted from gea- eral Indian legislation, and legislation with reference to the Five Civilized Tribes has been special legislation. You can start at the beginning and come down from the first treaty ever enacted between the Government of the United States and the Five Civilized Tribes, and you will find that all the legislation that has been enacted on behulf of the Five Civilized Tribes has been special legislation, and has not been embraced within general legislation for the Indians. In all these cases it has been specific legislation in reference to their pro]Derty. There is only one question to be considered in connection with this bill. I have had about 25 years' experience down there in Oklahoma with Indians, and the only question to be considered in connection with this bill is the question as to whether or not the superintendent should be given final power to perform the duties which are now performed by some one in the Interior Department or in the Indian Office itself. Under the provisions of this bill there is simply a trans- fer of the offices, which are now 1,500 miles away from the Indians. This bill brings the offices closer home to the people. So far as the aspersions placed upon the people of Oklahoma by the letter of Mr. Allen, I think that answers itself. Mr. Allen was a district judge down in Oklahoma. IMr. Hastinos. I want to call your attention to a statement on page 63 of the last annual report of the Secretary of the Interior, where he says : The State authorities liuve sliowii a disposition to cooperate in every way poK.sibie witli iht- departnient, and the Supreme Court of the State of OlJlahom'a lias provided uniform rules of procedure in probate matter.s, at the suggestion of the ( 'ommissioner of Indian Affairs, after his conference with county judges, county attorneys, and tribal attorneys in .January, 1914. I want to in\'ite your attention to that as showing Avhat the Sec- retary of the Interior had to say in regard to the cooperation of the officers in Oklahoma. Mr. Dave^-port. That is in line with what I was saying. That simply shows that because there is one man down there who may FIVE CIVILIZED TRIBES OP INDIANS. 169 not be performing his duty properly, it is not right or fair to say that the others will not do that. There are a number of the Indian suits that they referred to, and I notice in the letter he referred to some suits of Wagoner. Those charges were made against parties at Wagoner, laut the courts could not find anything against the parties sufficient to convict them, and the court was asked to dismiss one of the cases. A great many charges have been made, but very few of those have been substantiated. They are always ready to bring those charges whenever any Indian legislation comes up in Congress. They are always ready to charge that because some men have gone wrong that everybody down there has gone wrong. At one time there were a let of lawsuits pending in the Federal court against parties growing out of crooked land deals, and they xised them as a leverage to prevent legislation. My friend Allen, if I am not incorrectly advised, had about 15 or 20 of those suits pending when he was appointed as the Creek national attorney. He does not say anything about that, but I think it is the truth. When he came up for reappointment a year ago, I think that was the situation. A man who comes in and insinuates things against everj' other official ought to come in with clean hands. I think the record will bear me out in that matter, and I can at least settle it very quickly, because I am going to wire the officials of the Federal court and ask how many cases are pending against Mr. Allen in the Federal court. I am going to wire old man Bilby and ask him if Allen ever paid the $10,000 he got from old man Bilby, giv- ing him liens upon land, and when it came to settlement it was found that the titles were no good. I wanted to present that matter, because I say to you gentlemen that every time I have had Indian legislation in reference to this part of the country some fellow has come along, connected with the Creek national attorneyship or some other business, and tried to cast aspersions upon the entire citizenship. I have made a statement against Mr. Allen which, if it is not true, it is because the records are not correct. I wish he had stayed here, because I know there were suits against him, and I know there was a statement of the number of suits filed in the departmental office about a year ago against him, when he came up for reappointment. I am presenting a list show- ing the number of suits that are now pending against him in order to shov,- I have not made a misstatement. The suits of John S. Bilby r. R. C. Allen are Nos. 4100 and 4101, Wagoner district court, and aggregate a sum of $8,300. The foregoing statement of suits against R. C. Allen are only a part of them, but this I deem to be sufficient to show the committee what Mr. Allen has been engaged in: Case No 294. Equitv. United States of America, complainant, v. H. O. Malot et al.', defendants. (K. C. Allen, .special defendant, p. 16.) ,. ^ Case No 3.56 Equitv. United States of America, complamant, r. Perry McKay et al defendank (K. C. Allen, special defendar.t, p, 27.) Dismissed. Case No 357 Equitv. United States of America, complainant, r. Scott Yeat- man et al.,' dotVndants. (K. C. Allen, special defendant, p. _67.) Dismissed. Case No 498, Equity. United States of America, complainant, v. 0. E. loley et al defendants (R. O. Allen, special defendant, p. 152.) Case No 911 Equity. United States of America, complainant, v. W. B. Dixon et ai.' defendants. (K. C. Allen, special defendant, p. 105.) 170 FIVE CIVILIZED TRIBES OF IKDIAUS. Case No. 917, Equilv, United States of America, vomplainant, v. Frank L. Mars et al., defendants. (It. C. Allen, special defendant, p. 13.) Dismissed. Case No. 902, Equity. United States of America, complainant, v. J. L. Adair et al., defendants. (R. 0. Allen, special defendant, pp. 316, 331.) Case No. 479, Equity. United States of America, complainant, v. The August Land Co. et al., defendants. (It. C. Allen, special defendant, pp. 38, 39, 40, 219, 220, 221, 222. ) Nos. 39, 40, and 219 dismissed. Case No. 482, Equity. United States of America, complainant, v. Levi Ackley et al.. defendants. (R. C. Allen, special defendant, pp. 16, 190, 195, 196, 197, 199, 200, 201, 202, 203, 204, and 205.) Nos. 16, 190, 195, 196, 199 dismissed. Case No. 485, Equity. United States of America, complainant, v. Charles Bagg et al., defendants. (R. C. Allen, special defendant, p. 19.) Dismissed. Case N^ Would you be in favor of turning over the Indians to the care of the State of Oklahoma? Mr. Hastixos. That is not involved in this case, Mr. Chairman. That is the fight which the commissioner would like to inject into it, but it is not involved in the question now before the committee, so far as this bill is concerned. The superintendent is a Federal official nominated by the President of the United States and con- firmed by the Senate, and if this man is not a high-class man, then another man could be appointed. This is not a fight for Gabe E. Parker, although I do not believe there is any higher class man. But if he is not a big enough man, if he is not competent, remove him and send somebody there who is competent to fill the position. This is not a personal fight ; it is a fight for a principle. Mr. Norton. I recognize the gentleman is very well acquainted with the Indian situation in Oklahoma, and I wanted to get his opinion as to whether it would not be a good thing for the Federal Government to relinquish all control over the Indians in Oklahoma and over their property and allow them to become full citizens in every way of the State of Oklahoma and take their rightful place in the Government and in the business life of that State. Mr. Hastings. It would take me longer to discuss it than the com- mittee has at its disposal to-day. It is a question that is very im- portant. I have thought a great deal about it, and it is a question concerning which I have a very decided opinion, but it would take me some time to outline my views in full. I know I have trespassed upon the time of the committee too much already, but with the per- mission of yourself and that of the committee I will be glad to give my views about it. Mr. Norton. I would like to know what you think about that. Can you not answer yes or no to my question ? Mr. Hastings. I can not answer that simply by yes or no. Briefly stated, I would not remove all restrictions. I have never favored that and do not favor it now. That is not involved in this bill. I do favor a larger removal of restrictions from the Indian. If I had my way I would remove the restrictions either conditionally or un- conditionally off of all the surplus bonds of all adult Indians when Then' I would have more expert farmers appointed, and with the proceeds derived from the sale of this land that is sold I would have these expert farmers help the Indian, instruct him how to inclose his land and put it in a state of cultivation, and with this money secured 188 FIVE CIVILIZED TRIBES OF INDIANS. from the proceeds of the sale of the land I would help him buy some horses and some chickens and some hogs, and I would help him build a house and teach him agriculture. I would have him grow cotton and corn and other things adapted to the soil and make him entirely self-sustaining. That is what I would do with the proceeds of the money derived from the sale of the land of the incompetent class of restricted Indians. As to those found competent I would remove their restrictions at once unconditionally and turn them loose without anjf supervision of any kind. That is my real solution of tlie Indian question, but in order to amplify that I would have to take a good deal of time. I believe the Indian would get more good out of his land if he were taught to cultivate it and made a self-reliant citizen of Oklahoma. He would be an honor to himself, to his famity, and to his State. RECAPITULATION. First. It is the history of every department in Washington that none of them ever want to give up any jurisdiction. They want it all centered in Washington. They want to retain all supervision here. A representative of the Indian Office appeared before the com- mittee and, in our judgment, presented a lot of matter wholly for- eign to the issues iuA^olved in this bill. Among other things, he referred to the necessity for supervision of probate matters in Okla- homa. He invited attention to some cases tried there a few years ago, just after Statehood. This has nothing to do with the merits of this bill, because the present Indian appropriation bill carries $85,000 for probate attorneys in Oklahoma. The bill under dis- cussion does not take away any of that supervision, and we respect- fully submit that the introduction of these matters is only intended to encumber the record and confuse the issue. Let us not dodge the issue by attempting to distract attention. Second. He advocated a change of the law providing for more supervision in the approval of agricultural leases. This is wholly foreign to a discussion of this bill. The bill retains all the super- vision with reference to the approval of agricultural leases now provided by law. The only thing this bill seeks to do is to transfer this supervision to a local man in Oklahoma. The issue should not be confused. It should be met squarely. Is it better for this super- vision to be made by a competent, trustworthy man in Oklahoma than to transmit all matters by mail 1,500 miles to a clerk at the head of some bureau ? This is the point. Third. It is recommended that the law with reference to the ap- proval of wills be changed. This is also foreign to the subject, as the bill does not seek to change the law in this respect. Fourth. It is charged that the superintendent of the Five Civilized Tribes is a political office. It was created by the act of August 1, 1914. The present incumbent, Gabe E. Parker, was nominated by the President and confirmed by the Senate. The hearings show that he was not recommended by any of the members of the Oklahoma delegation and by no person in Oklahoma, that he was the personal selection of the Commissioner of Indian Affairs, and that he was FIVE CIVILIZED TKIBES OF INDIANS. 189 selected solely upon merit. Hence, I submit that such an argument IS wholly unjustified. Mr. Parker is an educated, competent, high-class man. There has not been so much as a breath of suspicion against him, and no insinu- ^^'?? 1, ^^ '-^ incompetent. He was formerly at the head of one o± the schools m Oklahoma. He is a member of the Choctaw Tribe o± Indians and thoroughly familiar with conditions in Oklahoma He IS m deep sympathy with the Indians of that State. He was a member of the constitutional convention of Oklahoma and later appointed by the President and confirmed by the Senate as Eegister of the Ireasury. He was finally selected for his present responsible position upon the recommendation of the present Commissioner of Indian Affairs. These facts are not known to many associations, newspapers, and philanthropic citizens of the United States who have the interest of the Indian at heart. They are led to believe that this bill turns over the supervision of the affairs of the Indians to a local official elected by the citizens of Oklahoma and who would, therefore, be influenced by the people who elect him. This is not true, as the superintendent of the Five Civilized Tribes is a Federal official. The Commissioner of Indian Affairs, the Assistant Commissioner of Indian Affairs, and the Secretary of the Interior are nominated by the President and confirmed by the Senate. They are Federal offi- cials, as is the Superintendent of the Five Civilized Tribes. These hearings show that neither the Secretary of the Interior nor the Commissioner of Indian Affairs passes upon any of the matters affected by this bill. On the other hand, the hearings show that when they come through the mail they are referred to some clerk of a bureau paid $1,800 or $2,000 per annum, who, in effect, sits in judg- ment upon the acts of the Superintendent of the Five Civilized Tribes. Let us not confuse the issue. What this bill seeks to do is to have final supervision lodged in the Superintendent for the Five Civilized Tribes. Fifth. The Kagama case (118 U. S., 375) is quoted from. This was a case certified up from the circuit court of appeals in 1886 and is a criminal case involving the constitutional question as to whether or not Congress can confer jurisdiction upon a Federal court in criminal matters over a crime committed by one Indian upon another in a reservation within a State. In it the court took occasion to re- mark that oftentimes there was prejudice against the Indian in the State in which a reservation was located. This is not a happy argu- ment against the pending bill for many reasons. The Indians in the Kagama case were reservation Indians. Their lands had not been allotted, and they were not citizens of the United States. They had never been made citizens of the United States, as in the case of members of the Five Civilized Tribes, who were made citizens by the act of March 3, 1901. The Five Tribes have had gov- ernments of their own for the past 100 years, and they take part in the local affairs of Oklahoma as actively as white men. The truth is the history of that State for the past few years completely refutes the charge that there is any race prejudice. More than 2,000,000 people are now living in Oklahoma ; over one-half dwell in the east- ern part, which was formerly occupied by the Five Civilized Tribes. 190 FIVE CIVILIZED TEIBES OF INDIANS. There were enrolled of all classes 101,521 members, one-third of whom are now dead. Hence it will be seen that more than 100 white persons live in eastern Oklahoma to each member of the Five Tribes. Not- withstanding this, a large number of enrolled Indians were elected as delegates to the constitutional convention which framed the organic law of the State. Eiley Copeland, A. S. Wyly, J. T. Edmondson, C. O. Frye, O. H. P. Brewer were all Cherokees; W. N. Littlejohn was an enrolled intermarried citizen of the Cherokee Nation; Gabe E. Parker was a Choctaw ; and Henry Cloud was a Cherokee. Many others, whom I do not now recall, were elected members of the con- stitutional convention. The president of that convention was Con- gressman Murray, an intermarried Chickasaw citizen. Will any- one say the above showing indicates prejudice on the part of the people of Oklahoma against the enrolled members of the Five Civ- ilized Tribes? Let us investigate a little further. Hon. E. L. Owen was elected one of our first Senators, and Plon. C. D. Carter, a member of this committee, was elected a Member of Congress. Both are enrolled citizens. Hon. J. S. Davenport is an intermarried Cherokee citizen and a Member of Congress. Hon. W. H. Murray is a member of Con- gress and a member of this committee. The author of this bill is an enrolled Cherokee citizen. Certainly the reasoning by the court in the Kagama case would not apply to Oklahoma. . I might add in this connection that a very large number of the county officers in Oklahoma, and members of the State legislature, are members of the Five Civilized Tribes. Everyone in Oklahoma knows that there is no prejudice against a member of these tribes. His race is not inquired into. All officers are nominated at a primary and are elected at a general election. Hence we insist that the refer- ence to the Kagama case is not a happy one. Sixth. The hearings show that 7,650 letters were forwarded to the Department of the Interior last year by the Superintendent of the Five Civilized Tribes and that 7,694 letters were received by him from the department. Excluding Sundays, the superintendent signed and forwarded more than 25 letters and reports each day to the department and received as many from Washington. Our contention is that the making of reports and the reading of letters to and from the department take up practically all of his time and leave but little time in which he can give attention to the im- portant duties of his office. If the bill is enacted into law, all this would be corrected. In addition, 116,570 miscellaneous letters were received in the office of the Superintendent of the Five Ci^'ilized Tribes and 144,402 miscellaneous letters sent out. If matters brought to his attention could be acted upon in Muskogee expeditiously and not sent to Washington, untold thousands of these letters would never be writ- ten. A great deal of the stenographic and clerical help could be dispensed with and the salaries paid them could be used in paying expert farmers, placed in convenient localities among the restricted members of the tribe, who could give them personal attention, aid and encourage them in improving their homes and farms, and be of much more substantial benefit to the real Indian. At present, so far as I am advised, there is not an expert farmer doing exclusive farm work. It is true that some employees are carried upon the pay FIVE CIVILIZED TRIBES OF INDIANS. 191 roll as expert farmers, but practically all of them are doing admin- istrative work. Very few, if any, are doing expert farm Avork ex- clusively. The hope of the Indian needing assistance lies in teaching him farming and stock raising. Instead of doing this, the Govern- ment is expending $185,000 annually for clerical help mostly in a forwarding office at Muskogee, and is not spending money on men to go among the Indians and render them encouraging assistance in their daily tasks. Seventh. Our contention is further that there would be a great saving of clerical help in the office of Commissioner of Indian Af- fairs and the Secretary of the Interior if these matters were not forwarded here. Eighth. The Commissioner of Indian Affairs should look after the broader questions affecting Indians, should shape the policy of the Government as to them, and should be glad to be rid of the numerous little detailsl incident to this work. No business man at the head of a great institution attempts to give attention to minor details. That responsibility is given to others. Congress intended to confer larger authority upon the Superintendent of the Five Civilized Tribes by the act of August 1, 1914, just as this bill does. The members of the Five Civilized Tribes want their tribal affairs wound up. The Choctaws and Chickasaws want sold their coal and asphalt lands, as well as the remainder of their unallotted lands, in- cluding surface and timber lands, and the proceeds divided among them. The members of the other tribes are equally anxious to have their affairs wound up as expeditiously as possible. The Dawes Commission was created by the act of March 3, 1893, 23 years ago. More than one-third of the enrolled members of the tribes are dead, and yet the affairs of some of the tribes, particularly Choctaws and Chickasaws, will not be wound up for years. We insist that the time of the Commissioner of Indian Affairs should be devoted to the larger tribal questionSj so that their settle- ment may be expedited rather than to the affairs of the individual Indian. Ninth. Every Indian in Oklahoma favors this bill. At least, not one has lodged a protest against it. These hearings indicate that the Five Civilized Tribes have had schools of their own — common schools, high schools, and boarding schools — for 100 years. Many of their members are graduates of the various colleges and institutions of learning in the United States. Many other members are leading lawyers, doctors, farmers, bankers, and business men of every kind. This bill was introduced on the first day Congress convened, Decem- ber 6, 1916, and has been extensively commented on in the press throughout Oklahoma, and yet no protest has been filed on behalf of a single Indian. Tenth. Every white man who is a citizen of Oklahoma and who is not in the employ of the Indian Office, so far as the hearings show and in so far as the author is advised, faVors the passage of this bill. Eleventh. The hearings show that this bill has been favorably com- mented upon and analyzed by a large number of newspapers throughout Oklahoma. 'A number of the clippings have been filed with these hearings. It has not been unfavorably criticized by any newspaper. 192 FIVE CIVILIZED TEIBES OF INDIANS. Twelfth. All the members of the Oklahoma delegation favor the bill. Senator Owen has introduced a similar bill in the Senate. Thirteenth. The State senate of Oklahoma unanimously passed a resolution favoring the bill. The resolution was introduced by a restricted Choctaw Indian, George W. Fields. Fourteenth. It can not be controverted but what the sending of all these matters through, first, the local field clerk; second, the Super- intendent of the Five Civilized Tribes; third, the Commissioner of Indian Affairs; and, fourth, the Secretary of the Interior — shown by the hearings to pass through 11 different hands — must occasion delays and criticism against the department and militates against the Indian, and the system has unquestionably aroused more preju- dice against the Indian and occasioned more insistent demands for the repeal of all legislation for the supervising of the affairs of indi- vidual Indians than anj^thing else. Unless changed it will ultimately destroy the Indian. Fifteenth. The interests of the restricted Indian can best be sub- served by inviting the cooperation of the local officers and the citi- zens of Oklahoma' and not by wholesale criticism of them. A repre- sentative of the department can not have any influence with a court or jury, and can not, therefore, protect the restricted Indian unless he invites their cooperation and assistance. As in all new States, when Oklahoma was first organized some in- justices were done the Indian, but when public attention was called to them a splendid citizenship was aroused, and the unworthy offi- cials were driven from their places of trust. Juries unhesitatingly convicted those who sought to despoil the Indian. The report of the Secretary of the Interior shows that the Supreme Court of Oklahoma has promulgated rules for the guidance of the probate courts of the State, and that all the courts through the State are now working in harmony with the probate attorneys there. It served no good purpose, however, for the representative of the Indian Office to refer to this matter before the Indian Committee for two reasons, first, because the things criticized happened while the de- partment had supervision, and, second, the bill under discussion does not do away with the probate attorneys. •Sixteenth. The department has seen fit to file certain letters and circulars from people throughout the East, who are not acquained with local conditions in Oklahoma, but who get their information solely through the department. Inasmuch as the same references and arguments are used in all of them, we may reasonably infer how they originated. Seventeenth. Finally, permit us to say that this bill affects Oklahoma only and we desire to repeat that every Indian there, as well as every white man, the two United States Senators, every Member of Con- gress representing Oklahoma, every newspaper in Oklahoma, and the State senate of Oklahoma^ after the fullest discussion and closest •analysis of this bill, all favor its enactment. Can it be that they are all in error? Certainly, if this were not a meritorious bill, after all the discussions which the hearings show have been had upon it in the press throughout Oklahoma, some person, Indian or white, residing in that State would be ^f ound to protest against it. We submit that this bill should be promptly enacted into law. Sending all mattai-s to Washington for approval delays the development of the Indian's FIVE CIVILIZED TRIBES OF INDIANS. 193 property. Preparation can not be made to begin wotk on an agricul- tural lease until it is approved and returned, and contracts can not be let to drill oil leases until the action of the authorities at Washing- top is known. In order to expedite consideration of matters trans- mitted here for approval a large number of lessees come to the de- partment, either in person or by attorney, and all these delays and expenses could be avoided if final action were had at Muskogee. The insinuations and criticisms expressed and implied by the rep- resentative of the Indian Office in the hearings before the committee against the people of Oklahoma can not be but detrimental to the restricted members of the Five Civilized Tribes. They are residents and citizens of that State, vote and hold office there, attend the pub- lic schools, and receive the protection of the State's laws. Under existing legislation, within a few years all of their restrictions will be removed, when they will need the sympathetic cooperation and not the antagonism of the splendid citizenship of which they are a part and among M'hom they dwell. I am determined that the issue presented by this bill shall not be confused. It is this: Does Congress favor the supervision of indi- vidual affairs of the restricted members of the Five Civilized Tribes by a competent, trustworthy, and efficient Federal official in Okla- homa, known as the Superintendent of the Five Civilized Tribes, nominated by the President and confirmed by the Senate, with a salary of $5,000 per annum, or does Congress favor supervision by a clerk or inferioi' official in the office of the Commissioner of Indian Affairs or Secretary of the Interior, located in Washington? ADDITIONAL STATEMENT OF MR. MERITT. Mr. Mekitt. Mr. Chairman, I want to ask that there be inserted in the record the statement that if any remarks that I have made contained even an intimation of a reflection upon Mr. Parker I de- sire to withdraw it. There is no man for whom I have a higher regard than Mr. Parker. Mr. Hastings made a statement that might be construed as meaning that I was not in favor of investing Mr. Parker with authority to remove restrictions on a 10-acre tract worth $50. My objection — and I believe it will be shown to appear clearly in my original statement — is to the general authority to remove re- strictions on all Indian lands. Of course, I know Mr. Parker has ample capacity to act in an individual case such as Mr. Hastings cited. I want to make it perfectly plain and clear that any state- ment that I have made to the committee is not intended in any way to reflect upon the honesty or capacity of Supt. Parker. I consider him my personal friend and hold him in the highest esteem. I also want to close my remarks with the same thought with 'sxhich I began it, that any statement I have made before this committee is not intended as a reflection upon any member of the Oklahoma dele- gation in Congress. I hold each one of those Members in the very highest esteem. Neither is my statement intended as a reflection upon the citizenship of the State of Oklahoma. (Thereupon, at 5 o'clock p. m., the committee adjourned.) 38147—16 13