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SI^eIiING of the crow (MONT.) INDIAN RESERVATION 
 
 -H- 
 
 HEARINGS 
 
 BEFORE THE 
 
 COMMITTEE ON INDIAN AFFAIRS 
 
 UNITED STATES SENATE 
 
 SIXTY-FOURTH CONGRESS, 
 
 SECOND SESSION 
 
 ON 
 
 S. 2378 
 
 A BILL FOR THE OPENING AND SBa?TLEMENT OF A ^" .^ 
 PART OF THE CROW INDIAN RESERVATION n^:^>:'-Vi' '^ 
 IN THE STATE OF MONTANA \:'^''[' "", 
 
 PART 4 
 
 DECEMBER 13, 1916 
 
 Printed for tte use of the Committee on Indian A ffairg 
 
 t^ 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICF 
 
 1916 
 
e 
 
 V 
 iqiL 
 
 OOMMITTEB ON INDIAN AFFAIRS. 
 
 HBNEY F. ASHDRST, Arizona, Ghatrman. 
 
 HENRY L. MYERS, Montana. THOMAS J. WALSH, Montana. 
 
 KEY PITTMAN, Nevada. MOSES B. CLAPP, Minnesota. 
 
 HARRY LANE, Oregon. ROBERT M. LA FOLLETTE, Wisconsin. 
 
 ROBERT L. OWEN, Olilahoma. ASLE J. GRONNA, Nortli Dakota. 
 
 JAMBS HAMILTON LEWIS, Illinois. ALBERT B. PALL, New Mexico. 
 
 PAUL O. HUSTING, Wisconsin. CHARLES CURTIS, Kansas. 
 
 EDWIN S. JOHNSON, Soutli Dakota. BERT M. FERNALD, Maine. 
 
 M. I. McKblligon, OlerJe. 
 
 34913C 
 
OPENING OF THE CROW (MONT.) INDIAN RESERVATION. 
 
 WEDNESDAY, DECEMBBB, 13, 1916. 
 
 United States Senate, 
 Committee on Indian Affairs, 
 
 Washington, D. C. 
 
 The committee met in the committee room, Capitol, pursuant to 
 adjournment, Senator Henry F. Ashurst presiding. 
 
 Present: Senators Ashurst (chairman), Owen, Walsh, Clapp, 
 La FoUette, Fernald, Gronna, and Curtis. 
 
 Also present : Edgar B. Meritt, Assistant Commissioner of Indian 
 Aifairs. 
 
 The Chairman. The committee will come to- order. 
 
 Senator Walsh. Mr. Chairman, the Crow bill is a special order 
 for this morning, is it not? 
 
 The Chairman. Yes. On August 14 there was a meeting of the 
 committee, and I call your attention to page 120 of the hearings. 
 At that time the Crow bill was set down for final disposition at the 
 request of the Senator from Montana (Mr. Walsh), who asked 
 unanimous consent that it be disposed of this morning, and that 
 unanimous consent order stands, unless repealed by another unani- 
 mous consent order. 
 
 Senator Owen. What were the facts with regard to that matter 
 that were ascertained at that time? 
 
 The Chairman. A most voluminous hearing was held. 
 
 Senator Cttrtis. If we are to proceed now, Mr. Chairman, I desire 
 to say that I have a letter from the Secretary of the Interior that I 
 would like to have read. 
 
 The Chairman. I will have the clerk read the letter. 
 
 Senator Owen. I was under the impression, Mr. Chairman, that 
 we were going to vote on the matter to-day. 
 
 The Chairman. That is the purpose. 
 
 The clerk read, as follows: 
 
 The Secketaby of the Inteeiob, 
 
 Washington, Dccemher 12, 1916. 
 
 My Deak Senatok: Under Senate resolution No. 212, Sixty-fourth Congress, 
 the Secretary of the Interior was directed " to permit the said Crow Indians to 
 hold a general council of all the members of that tribe and to make provision 
 that no person or persons who desire the opening of the reservation, nor mem- 
 bers or officers of the Indian Bureau who oppose the opening of it, shall attend 
 such council nor Influence in any way the conduct of said council or its findings, 
 and that permission to attend said council shall be freely grapted to all members 
 of the tribe of Crow Indians who desire to do so." 
 
 I beg to advise that in accordance with this resolution the council of the Crow 
 Tribe' was duly convened on Friday, August 4, 1916, at which the following reso- 
 
 3 
 
4 OPENING OF THE CEOW (MONTANA) INDIAN RESERVATION. 
 
 llition protesting against any further reduction of the reservation was unani- 
 mously adopted : 
 
 " Whereas there has been introduced in the Senate of the United States a bill 
 (S. 2378) to open that portion of the Crow Indian Reservation west of the 
 Big Horn, also that portion of the reservation east of the Little Horn Kiver, 
 to white settlement under the homestead act ; and 
 
 " Whereas there has been introduced and passed in the Senate of the United 
 States a resolution granting to the Grow Indians the right to hold a general 
 council undisturbed and free from outside influence whatsoever, in order 
 that they may consider said bill S. 2378 with a view of consenting to its- 
 provisions or rejecting same; and 
 
 " Whereas we, the Crow Indians, have met in council and have considered thor- 
 oughly the provisions of said bill and now attest by our thumb prints and 
 signatures attached hereto that the following is a true record of our wishes : 
 
 " That the Crow Indians this day in undisturbed council have voted against the 
 provisions of the said Myers's bill, believing it not to be to their best interests- 
 that the honorable Congress should consider at this time the action contem- 
 plated in said bill. That this view is unanimously held, viz, that by retain- 
 ing our reservation intact, developing its resources to the fullest extent 
 which are to be found in the undeveloped mineral lands, coal lands, oil 
 lands, and timbered lands of our reservation, and the undeveloped water- 
 power sites on our reservation ; in the wise expenditures of our funds held ia 
 trust for stock and other purposes to be apportioned to us individually ; in 
 the reduction of the unnecessary operative expenditures of our reservation. 
 That the surplus lands that would be subject to homestead entry are of such 
 a character that entrymen can not possibly make a living therefrom by 
 reason of its roughness and scarcity of water, as lands of similar character 
 in the last ceded strip have in many cases not been homesteaded only when 
 sold in very large tracts at only $2 per acre : Therefore be it 
 
 " Resolved, By the Crow Tribe of Indians in council assembled this 5th day 
 of August, A. D. 1916, that we most respectfully petition the honorable Congress 
 of the United States to respectfully comply, if possible, with these our sincere 
 requests. 
 
 " That we hereby empower any delegation this council sends to Washington to- 
 present our views and wishes and that such delegates be paid $3 per day and all 
 necessary traveling expenses. 
 
 " We respectfully ask that members of the Senate committee direct the Com- 
 missioner of Indian Affairs to use such funds belonging to the Crow Tribe not 
 otherwise appropriated to pay the expenses of this delegation." 
 
 In this connection I beg to refer you to Article XI of the treaty of May 7, 186S 
 (15 Stats. L., 649, 652), providing as follows: 
 
 " No treaty for the cession of any portion of the reservation herein described 
 which may be held in common shall be of any force or validity as against the 
 said Indians unless executed and signed by at least a majority of all the adult 
 male Indians occupying or interested in the same, and no cession by the tribe 
 shall be understood or construed In such manner as to deprive without his con- 
 sent any individual member of the tribe of his right to any tract of land selected 
 by him as provided in Article VI of this treaty." 
 Cordially, yours, 
 
 Fkanklin K. Lane, Secretary. 
 Hon. Heney F. Ashukst, 
 
 Chairman Committee on Indian Affairs, 
 
 United States Senate. 
 
 Senator Cctetis. Mr. Chairman, I have been requested to have read 
 to the committee the showing made at the council. This paper was 
 handed ine yesterday, with the names signed to it. I ask that it may 
 be read, if it has not already been read into the record. I had to 
 leave the committee at the last meeting and I do not know whether it 
 was read or not. Senator Gronna informs me that it was read and 
 is in the record. Mr. Chairman, I received yesterday by registered 
 mail— and I would like to have the record show that this was mailed 
 December the 8th and delivered here on December the 11th a peti- 
 tion which is addressed to Messrs. Curtis, Lane, and the chairman 
 
OPENING OF THE CEOW (MONTANA) INDIAN RESERVATION. 5 
 
 and was delivered at my office because it was addressed to me. I 
 wish to have it read and filed. It seems to be from members of the 
 tribe who did not attend the meeting of the council. 
 
 Th6 Chairman. You desire to have this read ? 
 
 Senator Curtis. Yes. I received it and spoke to you about it yes- 
 terday and you asked me to present it. It was addressed to the 
 three of us. 
 
 The Chairman. The clerk will read. 
 
 The clerk read as follows : 
 
 EES0LT7TI0N J3Y THE CKOW INDTANS IN COtTNCIL DULY CALLED BY THE AUTHOMTY 
 OF THE COMMISSIONEE Or INDIAN AFFAIRS HELD ON NOVEMBER 22, 1915, AT CROW 
 AGENCY, MONT. 
 
 Be it resolved by the Crow Tribe of Indians of Montana in council held at 
 Crow Agency, Mont., which was <luly called by the superintendent of the Crow 
 Agency, under the direction of the honorable Commissioner of Indian AfEairs, 
 that the members of said council in attendance from each district on the Crow 
 Reservation, representing the Crow Tribe of Indians and speaking for them- 
 selves and on behalf of all of the members of the Crow Tribe of Indians, re- 
 spectfully request and petition the President of the United States, the Con- 
 gress of the United States, the honorable Secretary of the Interior, and the 
 honorable Commissioner of Indian Affairs to use all honorable means within 
 their power to prevent the throwing open of the Crow Indian Reservation in 
 Montana, or any portion thereof, for purchase and settlement by the white 
 people. 
 
 We have been informed and have reason to believe that it is the purpose and 
 Intention of certain white men residing at Hardin and Billings, Mont. ; Sheri- 
 dan, Wyo., and other places adjacent to the Crow Indian Reservation to make 
 an effort through the Congress of the United States to have thrown open our 
 said Crow Reservation to settlement and purchase by the White people, and we 
 •earnestly and vigorously protest against same and desire you to know that this 
 resolution is a protest on the part of the tribe of Crow Indians of Montana 
 iigainst such opening of their reservation and voices the wishes and sentiments 
 •of practically the entire tribe of Crow Indians. 
 
 We. the Crow Indians, represent that about two years ago we were furnished 
 with a tribal herd of cattle of upwards of 9,000 head. This herd increased 
 until at the present time we have about 12,500 head in said tribal herd. The 
 individual cattle held by Crow Indians amount to at least another 3,000, so that 
 we have at the present time between 15,000 and 16,000 head of cattle belonging 
 to us Crow Indians. We also have several thousand horses for the intelligent 
 propagation of which we have purchased a large number of fine registered stal- 
 lions, and we need for our own use a very large portion of our range and 
 reservation for the grazing of our herds of cattle and horses, which will in- 
 crease steadily in numbers from now on, until we hope within the next few 
 years to use all of our range for the grazing of our own cattle and other live 
 stock, as we have large sums in the Treasury available for the additional pur- 
 ■chase of more cattle. 
 
 We further represent that we have on the Crow Indian Reservation irriga- 
 tion works which have cost the Crow tribe of Indians, not the Government, 
 about $1,250,000, which irrigates large tracts of lands in the valleys, and large 
 amount of these lands are being farmed by the members of the Crow Tribe of 
 Indians, and they are increasing their farming and agricultural operations each 
 year. This year the acreage which was in crops and the amounts of crops 
 raised have far exceeded that of any previous year. We intend to increase our 
 farming and agricultural pursuits and want our lands and reservation to re- 
 main undisturbed. We would ask in this connection that it is nothing more 
 than fair to permit us time enough to adapt ourselves to the new conditions 
 forced upon us, to the new mode of living, and the* new competitive methods 
 of gaining a livelihood ; the new line of reasoning, and all of these new condi- 
 tions which the white man, with his knowledge of things handed down from 
 ages and which it has taken him this length of time to master, and which he 
 now asks us to assimilate in a fortnight. 
 
 We further represent that on the ceded portion of the Crow Reservation 
 heretofore thrown open, lying north of our present reservation, there is still a 
 large amount of those lands in said ceded strip which still remain unsold and 
 
6 OPENING OF THE CROW (MONTANA) INDIAN RESERVATION. 
 
 undisposed of to the white people, approximately 280,000 acres still remaining- 
 unsold ; that on the portion that has been sold a great many delinquencies have 
 occurred, delaying, in many cases, payment on said lands for as long a period 
 as two and three years. This in eflfect shows that most of the lands that have 
 been ceded are not occupied by bona fide settlers but are bought hS large 
 interests and individuals for purely speculative purposes and as a result of 
 this nature of buying, we, the Crow Indians, who ceded this territory in good 
 faith, suffer because of the delay in payments for same, and we firmly believe- 
 that if the portion now intended to be opeued by the people of Hardin, Billings, 
 and Sheridan were considered the above conditions would still exist, only 
 upon a much larger scale, as the character of the lands to be opened are such 
 that it is a question that bona fide settlers can make their living therefrom. 
 The records of the Land Office show that there is approximately 600,000 acres 
 of vacant public domain unsold and undisposed of lying adjacent to the Crow 
 Indian Reservation, and 19,000,000 in Montana, which further shows that there- 
 is no necessity for the opening of the Crow Reservation at the present time. 
 And we are reliably informed and know that a large amount of our ceded lands 
 have gone into the hands of large stockmen and speculators instead of going 
 into the hands of the homesteaders and the home builder as was the intention 
 when said ceded strip was thrown open. 
 
 We further state that the grazing lands of our Crow Reservation, other than 
 those which we are using for our own tribal herds and stock at the present 
 time, has been leased for grazing purposes for a period of five years from 
 F'ebruary 1, 1916, the revenues derived from such leases being valuable to our 
 tribe and which, aside from furnishing us Crow Indians with certain moneys, 
 furnishes funds .with which to properly conduct and administer the affairs of 
 our reservation. The fact should not be overlooked that the Crow Reservation 
 is one of the very few reservations of the country that is maintained absolutely 
 upon its own resources. Congress each year provides only $6,000 by treaty for 
 the pay of five positions upon this reservation. Aside from this every penny 
 that goes to defray the operative expenses of our reservation is derived from 
 revenues that are received in the way of lease moneys, etc. In the event the 
 opening is considered the great amount necessary to defray these expenses, 
 which amounts to something over .^100,000 each yeai-, must necessarily come 
 from Congress. 
 
 We further represent that many of our children, all of whom were born since 
 the allotments were made on the Crow Reservation, are still to be allotted lands 
 on said Crow Reservation, and that a large amount of other lands on said res- 
 ervation will be needed for allotting children still to be born to the Crow Tribe 
 of Indians, and still another great amount will be needed to allot those 400 eli- 
 gible under Allotting Agent Hatchett. Thus it can be seen that when we have 
 all received our allotments the best of our lands will have pas.sed into the hands 
 of Crows, leaving only a tew high and barren ridges for settlement • that we 
 need to provide for our future as to our lands, our homes, our cattle and stock 
 our agricultural lands and grazing lands, our irrigation, and to protect our 
 fences about our present reservation and division fences \\-liich have been con- 
 structed at a large expense to the Crow Tribe of Indians, all of which would 
 become a total loss in case our reservation was thrown open to settlement 
 
 We further respectfully represent that the present is no time to dispose of 
 our lands and reservation and would not be to the best interest of the Crow 
 Tribe of Indians, for the reason that our lands w(juld not bring but a verv 
 small amount of money at the present time, nor the value thereof but such 
 lands will be much more valuable and bring us a much larger revenue in vears 
 to come if It then be found necessary to open our Crow Reserv-ition 
 
 We further state in this connection that it has been shown us here that the 
 time has not arrived when the two peoples are ready to intermingle as one 
 each recognizing the other as his equal ; but, on the other hand a chism exist<s' 
 betw-een the two people, evidently because of racial feeling, the white man feeling 
 much superior to the Indian therefore unfit for his association, as evidenced bv 
 the fact that 3im-crow tables are in existence in both Hardin Mont and 
 Crow Agency, Mont.; that the public schools of W,^-ola and Lodge Grass' have 
 refused to admit Indian children who were eligible by reasonlif their lega! 
 status and were shown the greatest of racial hatred. In some Instances this ffel 
 mg grew to such an extent that parents of tliese white children remover tiff /,'. 
 children to public schools at other places where there were no Indians 
 
 Surely it can not be contended from any point of reasoning that the Oovpvn 
 ment in justice to us should longer entertain the diabolical intention of these 
 
OPENING OF THE CROW (MONTANA) INDIAN RESERVATION. 7 
 
 designing politicians and land sharks and stockmen, who, while patting us on 
 the back with one hand conceal in the other a dagger with which they intend 
 to bleed us : Therefore be It 
 
 Resolved, That for the reason's herein set forth, and others that will be ad- 
 vanced by our delegates, the Crow Tribe of Indians in council assembled this 
 22d day of November, A. D. 1915, vigorously protest against the throwing open 
 of their Crow Indian Reservation in Montana, or any part or portion thereof, 
 and that we represent the Crow Tribe of Inidans and each district on the 
 Crow Reservation and speak for and on behalf Of ourselves and the entire 
 Tribe of Crow Indians : Be it further 
 
 Resolved, That we empower our chairman to select such men as have shown 
 themselves qualified by their progressiveness to act in the capacity of repre- 
 senatives to speak for and on behalf of the tribe before the honorable Secretary 
 of the Interior and the honorable Commissioner of Indian Affairs and before 
 the different committees of Congress, and that after such selection is made 
 we hereby agree that they and only they shall be our representatives in Wash- 
 ington ; that if any others than those elected by this council appear in Wash- 
 ington or individuals through letters protest against the proceedings of this 
 council, we respectfully ask that the Commissioner or Secretary and the hon- 
 orable Congress of the United States refuse to accept same as being the wishes 
 of the Crow Indians : Be it further 
 
 Resolved, That a copy of this resolution be sent to the President of the 
 United States, to the Congress of the United States and the' presiding officer 
 of each body thereof, to the honorable Secretary of the Interior and the hon- 
 orable Commissioner of Indian Affairs, and we ask you and each of you to use 
 all means within your power to prevent the throwing open of our reservation 
 or any part thereof. 
 
 The said resolution was duly passed after being voted on as follows : 
 Votes for: 
 
 Plenty Coos, Charles Clawson, Bull Dont Fall Down (thumb mark). 
 Bear in the Middle (thumb mark). Bird Hat (thumb mark). 
 Holds Enemy (thumb mark), Sebastian Long Bear, James 
 Buffalo, Richard Cummins, Austin Stray Calf, Joe Child in 
 in Mouth, Luke B. Rock, Richard Daylight, Fred Oldhorn, G. 
 Hart Thomas, George W. Hogan, Elmer Takes Wrinkle, Door 
 (thumb mark), Sidney Blackhair, Old Coyote (thumb mark). 
 Young Yellow Wolf (thumb mark), Victor Singer, Jasper Long 
 Tail, Charles Yarlott, Joseph Martinez, Peter Bompard, Joseph 
 Spotted Rabbit, John Frost, James Carpenter, Blake Whiteman 
 Runs Him, Iron Fork (thumb mark). Kills Jacob Woodtick 
 (thumb mark). Strong Heart' (thumb mark), Good Horse 
 . (thumb mark). Bushy Head (thumb mark). Shot in Nose 
 
 (thumb mark). Old Rabbit (thumb mark). Looks at Ground 
 (thumb mark). Puts on Antelope Cap (thumb mark), Albert 
 Anderson, Comes up Red (thumb mark), Stops (thumb mark). 
 Left Hand (thumb mark), Thomas Medicinehorse, Frank Hawk, 
 Top of Moccasin (thumb mark), Tie Crooked Arm, Francis La 
 Forge, Old Horn (thumb mark), Billy Steel, Louis Bompard, The 
 Eagle (thumb mark). Falls Down Old (thumb mark), Dont Mix 
 (thumb mark), Plain Owl (thumb mark), Medicine Mane (thumb 
 mark). Pretty Paint (thumb mark), Talves Enemy #2 (thumb 
 mark). The Moon (thumb mark). Plenty Wing (thumb mark). 
 Bright Wing (thumb mark). Sits Down Spotted (thumb mark). 
 Plenty Hawk (thumb mark). No Horse (thumb mark), Mrs. 
 Thomas Kent (thumb mark), Frank Reed, Robert Yellowtail, Bar- 
 ney Looks Back, Harry Whiteman, Curley (thumb mark). White 
 Man Buns Him ( thumb mark), Two Leggins (thumb mark), Med- 
 icine Crow (thumb mark). Crooked Arm (thumb mark). Young 
 Swallow (thumb mark), Dominic Old Elk, Thomas Longtail, 
 Thomas Tobacco, Thomas Stewart, Isaac McAllister, Alphonsus 
 Child in Mouth, Thomas Big Lake, Leo Hugs, Leo Bad Horse, Mat- 
 tie W. Small, George White Bear, White Dog (thumb mark). 
 Scolds Bear (thumb mark). Knows His Coos (thumb mark). 
 Sharp Nose (thumb mark). Pretty Horse (thumb mark), Frank 
 Yarlott, Paul Scott, Eric Birdabove, Hole, Henry Russell, Herbert 
 Old Bear, Frank Bethune, Philip Ironhead, Shield Chief (thumb 
 mark). Fights Wellknown (thumb mark). Eagle Turns (thumb 
 mark). Plenty Buffalo (thumb mark), Bird Wellknown (thumb 
 
8 OPENING OF THE CROW (MONTANA) INDIAN RESERVATION. 
 
 mark), High Medicine Rock (thumb mark), Walks with Wolf 
 (thumb mark). Other Bull (thumb mark). Does Everything 
 (thumb mark). Bird Horse (thumb mark). Bird Above (thuinb 
 mark), Eastosh (thumb mark). Big Medicine (thpmb mark), 
 Enos Light, Arnold Costa, Covers His Face #2 (thumb mark), 
 William Bends, James Big Shoulder, Lots of Stars (thumb 
 mark), Eli Blackhawk, Knows the Ground (thumb mark). Goes 
 Together (thumb mark). Bear Goes to Other Ground (thumb 
 mark), Packs Hat (thumb mark), Yellow Head (thumb mark), 
 Flat Dog (thumb mark). Snapping Dog (thumb mark), Shot 
 in Hand (thumb mark). White Hip (thumb mark). Spotted 
 Rabbit (thumb mark), Looks With Ears (thumb mark). Cov- 
 ered Up (thumb mark). Three Foretops (thumb mark). Coyote 
 Runs (thumb mark), Barney Old Coyote, Richard Wallace, 
 Holds Up (thumb mark), John Sit Down Spotted, James Hllfe 
 Votes against : None. , 
 
 Witnesses to all signatures and thumb marks: Robert Yellowtail, Fred h.. 
 Miller. 
 Attest ; 
 
 Richard Wallace, Chairman. 
 RoBT. Yellowtail, Secretary. 
 
 We, the undersigned, Itichard \A'allace, chairman of the Crow Indian Council 
 held at Crow Agency, Mont., on November 22 and 23, 1915, and Robert Yellow- 
 tail, secretai-y of the said council, do hereby certify that the above and fore- 
 going is a true copy of resolution passed by said Crow Council' on the 23d day 
 of November, 1915, and that the names attached thereto have been compared 
 with the names signed to tlie original resolution and that the same are correct 
 except that the thumb-mark imprint does not appear upon the copies. 
 
 Richaed AVallacb, Chairman. 
 
 RoET. Yellowtail, Secretary. 
 
 Senator Curtis. Mr. Chairman, Senator Gronna has called my 
 attention to the fact that' this resolution has not been printed, and 
 I would like to have it read to the committee. It is a resolution 
 passed by the Crow Council. It does not seem to have been printed 
 in the record and I would like to have that read, and even if it has 
 been printed there will be no harm in having it read again. 
 
 The clerk read, as follows: 
 
 Ceow Agency, 
 Novemher V,. 1916. 
 Senator Cuktis, Senator Lane, and Mr. Chaikmax. and the other Friends of 
 THE Crow Indians : 
 
 You helped to pass a law that the Crow Indians might hold a council of all 
 the tribe without interference to defend ourselves against the Blyers bill and 
 conditions on the reservation. We do not like that bill and have one of our 
 own. 
 
 We could not hold a council that we are satisfied vfith. 
 
 We have chosen our head men and have raised money to pay our expenses 
 to go to Washington to appear before your committee on December 13, the 
 time you set. 
 
 We know what we want: We want to speak for ourselves and ask you to 
 help us get permission for us to go in time. We can not get the money due 
 to us or control of our own laud or our own money. We ask you to helpus so 
 we can talk to you face to face. 
 
 Many of our people are very poor and suffering because of our troubles this 
 winter. We ask you to help us to come there and tell you what we want soon. 
 Charles Ten Bear, E. T. Wrinkle, E. F. Bear, Howell Hoops Dexter 
 Williams, Thomas Jefferson, Wm. Shane, Goes Together' (thumb 
 mark), Bear Goes To Other Ground (thumb mark) Bear In 
 Middle (thumb mark). Pretty Horse (thumb mark). Cut Ear 
 Chief Child (thumb mark), Comes Up Red (thumb mark)' 
 Alphonsus Hole (thumb mark), Talkes Everythings, Looks at 
 the Ground (thumb mark). Froze (thumb mark) Plays With 
 Himself (thumb mark), Jack Stewart, Frank Bethune 
 
OPENING OF THE CKOW (MONTANA) INDIAN EESEEVATION. 9 
 
 Holman Ceasley, Victor Three Toons, Glen Bird, Herbert 
 Old Bear, EdAvard Shane, Ned Old Bear, Henry Shinbone, Thos. 
 Medlcinehorse, Percy Stops, Fred Froze, John Adams, William 
 Bends, Charges Strong (thumb mark), P. P. O. Strong, Max 
 Big Man, Frank Stewart, Clark Other Bull, C. T. Horse, 
 Thomas Stewart, John Wallace, Albert Anderson, Francis Ten 
 Bear, Mark Red Bird, Sampson B. Ground, Leads The Wolfe 
 (thumb mark), Old Horn (thumb mark). Sees With His Ears 
 (thumb mark). Charges Plenty, Herry Whiteman (thumb 
 mark). Enemy (thumb mark). Plenty Buffalo (thumb mark), 
 No Horse, Passes Everything (thumb mark), Simon Old Crow, 
 Old Tobacco (thumb mark). Yellow Head (thumb mark). 
 Mountain Sheep (thumb mark), Isaac Plenty Hoops, George 
 White Bear, Lots Stars (thumb mark), Clifford White Shirt, 
 In the Hole (thumb mark), Not Mix (thumb mark), Hartford 
 Comes Above. 
 
 Senator Curtis. I will state, Senator Walsh, that that was handed 
 me yesterday and my attention was called to some of those figures, 
 and I called the attention of the gentleman who handed it to me to 
 the fact that you had presented some figures that did not just agree 
 with those, and I have not had time to read either your figures or 
 those since. 
 
 Senator Walsh. I presented the official figures. 
 
 Senator Curtis. I told him that you had and asked him to look over 
 the hearings for them. 
 
 STATEMENT OF HON. THOMAS J. WALSH, A SENATOR FROM 
 THE STATE OF MONTANA. 
 
 Senator Walsh. Mr. Chairman, the matter to which Senator 
 Curtis now refers is doubtless a statement made in the paper which 
 has just been read, to the effect that of the lands included in what is 
 known as the ceded strip, opened in 1904, my recollection is — 12 years 
 ago — there remain undisposed of 250,000 acres. Similar statements 
 have been made in the course of the discussion before this committee 
 to which this bill has given rise. They have all been met, and every 
 other suggestion has been met in the course of these hearings. I re- 
 fer you, for instance, to page 38 of the hearings. It is nearly a year 
 ago that a similar declaration was made. I said as follows : 
 
 I call your attention to the fact that in 1904 what is known as the ceded strip 
 was opened. That Is the noi-tlieastcrn portion of the reservation. It einliraces 
 an area of 1,110,000 acres. Senator Curtis asked as to what was left of the land 
 so kept. I have a report from the receiver of the United States land office at 
 Billings, Mont., furnished me, as iiiy recollection is, about the ]st of November 
 last. It discloses that at that time, of the 1,110,000 acres, there were left 
 120,000 acres of land classified as coal land and not open to entry, and 102,789 
 acres of noncoal land. That is 90 per cent of those lands have been taken, and 
 presumably what is left is a mere remnant. 
 
 Senator Cuetis. Probably rough land. 
 
 Senator Walsh. Rough land. Now, I liave further information from the 
 Land OtRce to the 1st of Februni-y, showing that ihat A\'as reduced by the 1st of 
 February to 90,000 acres; in other wqrds, that in three months a reduction of 
 12,000 acres was made, or at the rate of 3,000 acres per month. That would be 
 4,()00 acres per month, and three months have now passed since then, so I as- 
 sume there is probably 85,000 acres of the 1,110,000 acres that .are left. I might 
 also say that the Indians were guaranteed that those lands would produce a 
 million and a half, and they have produced twice that amount, at least. 
 
 Those are the actual facts with respect to that matter. In the 
 same connection the statement was made that homesteaders would 
 
10 OPENING OF THE CROW (MONTANA) INDIAN EESEEVATION. 
 
 not take this land, and that the only Avay it was possible to get rid 
 of the lands was by selling them off in large tracts to parties who 
 wanted to use them for grazing and stock purposes. The fact of 
 the matter is that the original act provided for that disposal by 
 public sale in large tracts, and by the time I came here the system 
 had proven a failure as far as the disposition of the land was con- 
 cerned, that the pick of the land was taken by that system, and that 
 no more sales were being made at all — ^theywere offered on several 
 occasions — and there were no bidders at all, and we procured an 
 order to be made authorizing their entry under the homestead act, 
 the lands to be appraised — indeed, they were appraised before that 
 time, authorizing their entry under the homestead act by appraisal, 
 and you see the result in the figures that are given. Homesteaders 
 have gone in and have rapidly taken up the remnant of these lands 
 within the ceded strip, and are now cultivating them and raising 
 crops upon them. There has not been an objection offered in this 
 document that you have heard read here that Avas not offered in a 
 letter which the Secretary addressed to the committee at the outset, 
 and which I canvassed before this committee in the testimony given 
 at these hearings, and I undertake to say now and here, that up to 
 the present time not one valid reason has been urged against this bill. 
 
 I call your attention, gentlemen, to' the fact that this tribe of 
 Indians under the system which it is proposed now to perpetuate, 
 contrary to the settled policy of this Government for 30 years, has 
 been reduced by 50 per cent. There was a population of 3,500 on this 
 reservation in the year 1885, and according to the figures I gave 
 you, 1,696 of them are living. I called your attention to the fact 
 that the deaths annually exceed the births. I called your attention 
 to the frightful condition of infant mortality ujDon this reservation. 
 I called your attention to the fact that at least 90 per cent of them 
 are afflicted Avith tuberculosis, and many of them with trachoma, 
 and other loathsome diseases. I called your attention to the fact 
 that every member of this tribe, men, women, and children, have a 
 proportionate interest in something like 1,400 acres of land, and 
 assuming that there are five members to a family, every family on 
 the reservation can own, and is entitled to practically 7,000 acres of 
 land, and I want to know from anybody how that system can be 
 justified as an economic proposition. Moreover, the reduction con- 
 templated leaves as common property for these Indians, some 350 
 acres of land, or practically 1,500 acres for every family on the 
 reservation, over and above their allotments, you understand. 
 
 Now, you have heard here about how these people have nice herds 
 of cattle — 9,000 head put upon the reservation, and it has increased 
 to 12,000. AVhy, my dear friends, this plan that we propose does not 
 in the slightest degree interfere with that herd nor Avith its develop- 
 ment nor with its continuance. It proposes to leave Avith the Indians 
 just exactly as they have it now, the very portion of the reservation 
 upon which this herd of cattle is kept, a portion of the reservation 
 that will sustain 25,000 head of cattle. Am I right, Mr. Meritt? 
 
 Mr. Mbeitt. I think that is true. Senator. 
 
 Senator Walsh. So, what is the use of talking about it. Further- 
 more, gentlemen of the committee, you are told about the great irri- 
 gation system that these Indians have on this reservation. The irri- 
 
OPEliril^G OF THE CE.OW (MONTANA) INDIAN RESERVATION. 11 
 
 gation system is within the portion of the reservation which is left 
 intact. It does not touch it at all. The irrigation system will con- 
 tinue just as it is. Of course, in my humble opinion, that irrigation 
 system is just a waste of a vast aniount of these Indians' money, but 
 good or bad, they have it left. 
 
 Reference is made to the treaty 
 
 Senator Geonna. May I interrupt you just a moment? 
 
 Senator Walsh. Certainly. 
 
 Senator Geonna. What about the statement made in this paper 
 here about the large quantity of public land, as I understand it, sur- 
 rounding this reservation? 
 
 Senator Walsh. Senator, that likewise was raised and answered. 
 I will read you what was said. I read from the letter of the Secre- 
 tary, given at the outset of these proceedings, and to which reference 
 has heretofore been made, making the same statement. You will find 
 it at page 27 of the hearings. That letter stated as follows : 
 
 The southern boundary of the Crow Reservation forms a part of the State line 
 between Montana and Wyoming. Large areas of public land are now available 
 for settlement within these two States. A circular issued by the Commissioner 
 of the General Land Office, under date of July 1, 1915, showing the vacant pub- 
 lic lands as of that date, gives 19,065,121 acres in Montana and 30,929,969 acres 
 in AVyoming — a total of 49,995,090 acres. It is apparent, therefore, that as far 
 as prospective homesteaders are concerned there is no need of placing addi- 
 tional land in tViis vicinity on the market at this time. 
 
 Now, I commented on that letter as follows: 
 
 I am going to ask this committee to open this reservation in order that 
 additional homestead lands may be put upon the market at this time. But 
 these figures are as misleading as the other general declarations in this report 
 to which I have invited your attention. It is true that there are nineteen mil- 
 lions of unappropriated land in our State open to entry, but the Secretary for- 
 got to say tliat there are only ten millions of this that -are surveyed, and, o[ 
 course, the nine millions left are rocky, rough, broken, inaccessible areas. In 
 other words, there are ten millions of acres of land in the State of MoTitana still 
 unappropriated and open to entry. 
 
 Senator Curtis. May I ask you a question right there? 
 
 Senator Walsh. Just one moment until I finish this statement — and last year 
 there were entries aggregating 3,000,000 acres. So that there is enough land 
 left in the State of Montana at the present rate of appropriation surveyed and 
 open to appropriation to last just three years. 
 
 Senator Cuetis. I would like to know if that rough land is good grazing 
 land? 
 
 Senator AA'ai.sh. Yes ; no doubt. 
 
 Senator Cuetis. It is good for cattle and sheep? 
 
 Senator Walsh. There is no doubt about it. Of course, it is not as unde- 
 sirable, so far as general utilization for agricultural and stock-raising purposes 
 in a general way^it is not as undesirable as the very summit of the mountains 
 which are included within the forest reserves. That is so much in addition — it 
 would amount to 18,000,000 more in the forest reserves in addition to this 
 19,000,000 that are here spoken of. 
 
 So that if anvbody believes that we have more land in the State 
 of Montana than we know what to do with, if he makes a tour of 
 that State his mind will very readily be disabused of that idea. 
 
 Senator Geonna. My idea in asking that question was to follow 
 it up with a question. Is much of this land located right neiir this 
 reservation? 
 
 Senator Walsh. No, sir; I should say that there is practically 
 
 nothing to-day adjacent to the reservation that is unappropriated. 
 
 - Indeed, I might say. Senator Gronjia, that you may go on the Great 
 
12 OPENING OF THE CEOW (MONTANA) INDIAN EESEKVATION. 
 
 Northern Railroad from your State clear through to the Blackfeet 
 Eeservation and the eye can reach no ^unappropriated public land 
 upon either side of the road. Of course the lands m the southern 
 part of the State are, generally spealang, I should say perhaps more 
 rapidly appropriated than they are in the northern section. 
 
 Senator OwEX. Senator Walsh, I observe that this report which 
 Avas read indicated that there was a treaty m which the vote ot these 
 Indians was necessary. What are the facts with regard to that ^ 
 
 Senator Walsh. That, likewise, Senator, ^^^"s <liscussed here, it 
 is sufficient to say, however, that the Supreme Court of the United 
 States has held that it is beyond the power of Congress to make a 
 treaty with the Indians that would tie up the hands ot a future 
 Congress in disposing of the public land. , , ^u 
 
 Senator Owen. I know that; but I wanted to know what the agree- 
 ment was with the people, what the facts were. _ . 
 
 Senator Walsh. It has been read. Senator. There was a provision 
 in the treaty to the effect that these lands should not be disposed 
 of without the consent of the Indians. i t t 
 
 Senator Clapp. And that never has been abrogated by the Indians, 
 ias it? 
 
 Senator Walsh. Oh, no. 
 
 Senator Clapp. I simply wanted it stated for the purposes ot the 
 
 record. 
 
 Senator Owen. The proposition contemplates disregarding that 
 agreement because of what is conceded to be a matter of public 
 policy ; is that the theory ? 
 
 Senator Walsh. Exactly; and the decision on the matter was 
 made. 
 
 Senator Curtis. It is the Lone Wolf case. 
 
 Senator Owen. I think we are all familiar with that. 
 
 Senator Walsh. It was made some 10 years ago. Since that time 
 no attempt has ever been made, as far as my information goes, to 
 get the consent of the Indians whenever the Congress of the United 
 States conceives that it is to the interest of the Indians and of the 
 country that these reservations should be opened. If so, they are 
 opened. 
 
 Now the only argument that I ever heard advanced by the Inte- 
 rior Department, or the Indian Bureau, in opposition to this meas- 
 ure consists of two; one is that if we open this reservation the sa- 
 loons will be established all over the ceded portions and the opportu- 
 nity for Indians to get liquor will be proportionately increased. I 
 also met that argument by saying that they are going to vote for 
 prohibition in Montana, and it would become the law before it would 
 be possible to open the reservation under the act.. But that was re- 
 ceived with some skepticism. We have voted in favor of State-wide 
 prohibition. It was carried at the last election by 30,000 majority. 
 So that objection is done away with. 
 
 Senator Owen. You voted for woman's suffrage also, did you not? 
 
 Senator Walsh. We voted two years ago for woman's suffrage. 
 And another thing was that the Indians did not consent to this. 
 Well, I deal with that here. I defy anybody to go on any Indian 
 reservation in this country and secure the consent of the Indians to 
 the opening of a reservation against two influences — first, the oppo- 
 sition of the Indian Bureau. The Indians know perfectly well that 
 
OPENING OF THE CROW (MONTANA) INDIAN RESERVATION. 13'. 
 
 the Indian Commissioner, for reasons satisfactory to himself, is 
 against this bill. I need not say to the members of this committee 
 what a tremendous influence that has with these Indians, not only 
 because they look upon him as the guardian of their interests pri- 
 marily, but more than that because the more influential of them like' 
 to be in favor with the commissioner. But more than that, Mr. 
 Chairman, is the influence of the lessees who have been given the' 
 right to run their stock on this reservation. If you open the reserva- 
 tion of course you will not manufacture any more millonaires off 
 of the leasing privileges of the Crow Reservation. We have made' 
 several of them. They are on the reservation. They have great in- 
 terests there. They and their agents or representatives are on the- 
 reservation all the time traveling around among the Indians. They 
 are shrewd politicians and know the Indians. It is a very easy thing 
 to hire an Indian as superintendent of some haying operation or put 
 him in charge of a herd of stock, and things of that kind. He is 
 not insensible to his own interest nor to the influences of his em- 
 ployer, and he does not want the reservation opened. 
 
 I tell you gentlemen that if we did not have the leasing system- 
 on the Crow Reservation this reservation would have been opened 
 10 years ago, and when you go back to trace any opposition that 
 there may be to the plan by the Indians on the reservation, you will 
 run up against that influence practically every time. You can not. 
 figure on anything like a sound business proposition in leaving 7,000 
 acres of land in the hands of an Indian family, and you can not 
 figure anything like a business proposition in devoting this marvel- 
 ously fertile land — because despite anything that may be said in 
 these reports that you have read, this land will be greedily absorbed 
 by homesteaders who want to cultivate it and raise crops on it. You: 
 can not figure it out as an economic proposition, that that land ought 
 to be "devoted exclusively to the growing of the native grasses with- 
 out any cultivation at all. 
 
 Senator Clapp. Senator Walsh, what would you say to this propo- 
 sition : If you owned 7,000 acres of land there that was without any 
 tax burden, you would not be disposed to part with it at the present; 
 price, would you? 
 
 Senator Walsh. Why, Senator Clapp 
 
 Senator Clapp. I am speaking now from the Crow side, of course. 
 
 Senator Walsh. You can judge best about what I would do by 
 what I have done. 
 
 Senator Clapp. But you have not held any nontaxable property. 
 
 Senator Walsh. Oh, yes ; but I had property in lands in the State 
 of Montana that have been producing wells. Since I left, we sold 
 out one of the ranch properties in which I had been interested that 
 has paid us regular dividends for 12 years, running from 6 to Ifr 
 per cent, and we sold that land at present prices. Last spring we- 
 sold out another ranch property in which I was interested. 
 
 Now, here is the way I figure it 
 
 Senator Clapp. I would not sell a foot of my land if I could hold 
 it without taxation for 20 years. 
 
 Senator Walsh. Here is the way I figure it out. Senator Clapp. 
 I have held this land for a matter of 10 years. It has produced a 
 reasonably good revenue during that time, and I have lio doubt in 
 the world that if I held it 10 years more it would sell for more than 
 
14 OPENING OF THE CKOW (MONTANA) INDIAN KESBBVATION. 
 
 it would to-day. I think the prices of land in Montana ^-day are 
 very high. I have no doubt in the world that there ^^^^^^t ^^^Js 
 sion and that the wave will come again if I wait for 10 or 15 years 
 more; I have no doubt about that, that the land would sell tor more 
 But I may be dead then. I propose to get something out of it m the 
 meantime. I own some timber land over m the ^^stern part of the 
 State. I have been trying to sell this tiniber land ^ ;^;"J ^J^^ 
 money ; I want to make use of it. If I held it for 10, 15, oi 20 years 
 1 have no doubt it would sell for very much more than it would 
 
 *°Now, you have read that this report says there is destitution; that 
 these Indians are poor; and I told you that they need hospitals; th*y 
 need food. How eaii you reason it out, with 7,000 acres of land that 
 is growing nothing at all except native grasses, producing, as i was 
 eoing to tell you, iust 8 cents an acre— 8 cents ah acre is what the 
 presint grazing leases produce on that land. Why, I would be quite 
 willing that you should put a provision in this bill that none ot these 
 lands should be appraised for less than $5 an acre, and 6 per cent on 
 that, or 30 cents an acre, should be put in the Treasury here and let 
 it draw 4 per cent, and vou would have 20 cents as against 8. Just 
 put it in the bank and let it stay there and not invest it in any way. 
 
 Senator Clapp. But we will not get to the point of reforming tlie 
 error in the 8 cents an acre proposition. I do not know whether it 
 can be done. . 
 
 Senator Walsh. I think everybody agrees— I thing Mr. Mentt 
 will agree— that they are getting an enormous price. You may not 
 know — and that is the reason I call your attention to it, or perhaps 
 you have forgotten — that the price has advanced and advanced, and 
 that stock has advanced to a very high price. It now commands a 
 much better price. It has gone up to — what is it? 
 
 Mr. Meritt. Do you mean the total amount received ? 
 
 Senator Walsh. No ; the current leasing ; $180,000, is it not ? 
 
 Mr. Meeitt. I have it here. 
 
 Senator Walsh. Now, what I was going to say, Senator Clapp, is 
 that in my judgment that is perhaps enough for that grazing land; 
 but you understand our lands in Montana are now being devoted to 
 agricultural purposes. 
 
 Senator Clapp. Of course. 
 
 Senator Walsh. And you know enough about it to know that the 
 land will not produce enough if used merely for grazing purposes 
 that can be cultivated agriculturally, and you would not devote it to 
 grazing exclusively ; and so while a man is justified in paying $5 an 
 acre for it for agricultural purposes, it is not worth any such figure 
 as that for grazing purposes ; and therefore I suggest to you that" it is 
 an economic crime to let that great body of land lie there, producing 
 nothing whatever except the natural grasses that it will grow. 
 
 Mr. Meeitt. Senator, our record for the last fiscal year shows that 
 the reservation lands leased contained 1,893,591 acres, with a rental 
 of $186,150. That covered 29,900 head of cattle and 95,000 head of 
 sheep. 
 
 Senator Walsh. One hundred and eighty thousand dollars is the 
 figure that I had in my mind, and that was the result of very spirited 
 bidding. Bids were called for, my recollection is, twice, Mr. Meritt. 
 
OPENING OF THE CROW (MONTANA) INDIAN EESERVATTGN. 15 
 
 The first bids were rejected and it was advertised anew, and this 
 was the best result that could be obtained. 
 
 Senator Clapp. I did not ask the question in a spirit of criticism, 
 with regard to the 8 cents an acre. I was simply inquiring if that 
 could not be changed. 
 
 Senator Walsh. And that was the answer I was giving to you. 
 Senator, that the department has done the very best it couldj I think, 
 to get the very highest price that anybody would give for these lands 
 for grazing purposes. But it ought not to be devoted to grazing 
 purposes. The land ought to be made into homes for people who 
 will cultivate itj who will establish homes there, raise chickens and 
 hogs and cattle, conduct dairying and all that kind of business, and 
 you would increase the production of the I'and 10 times. Evet-ybody 
 appreciates that. 
 
 So I say that as a proposition of public policy it is not a wise 
 thing. And then bear in mind that you get all of whatever benefits 
 there are by the existing system under the plan proposed, because at 
 least two-thirds of those Indians, as the map would show if we have 
 it here, have their allotments within this triangular area amounting 
 to something over 750,000 acres. That is left vindisturbed. 
 
 Now, I do not know what the temper of the committee is in rela- 
 tion to the bill. 
 
 Senator Husting. Perhaps if they are getting only 8 cents an acre 
 for leasing, they are not getting the value of the land, and they may 
 get a larger profit by selling it than by leasing it if thej? can gef 
 $5 an acre for it. 
 
 Senator Walsh. No; I do not think that is the idea that enters 
 into the niind of any one at all. The Indian is a creature of environ- 
 ment and of heredity and of custom, just the same as all of us are. 
 The Indian has never known anything about private individual 
 ownership. He has for generations — ^for centuries, and perhaps for 
 iRons, been accustomed to ownership in common, and particularly 
 the old Indian does not want to be even jarred out of it — "this is 
 our land ; this belongs to our tribe." He does not want his land in 
 severalty but so much as he can cultivate and handle himself. He 
 wants the whole thing left as it is. 
 
 That is a powerful consideration. Secondly, the lands of the ceded 
 strip are sold, and, as I have shown you, for twice as much as it was 
 contemplated, when the land was opened, it ever would bring. In 
 other words, the Indians have got at least twice for this land what 
 they expected to get for it, and yet every one of these Indians will 
 tell you that he never got a dollar, if you go there and ask him. They 
 do not want to sell any more land, because they never got a dollar 
 for what they did sell. That is what they tell you. , -, , 
 
 Now what is the fact about the matter? This land was sold, and 
 the disposition of all the funds was left to the Interior Department— 
 an enormous amount of money. I have not the figures m my mind 
 just now as to what was paid in the construction of this irrigation 
 
 ^^Snator Owen. Do you recall how much it was, Mr Meritt? 
 
 Senator Cttetis. They say $1,250,000 in the report that was read. 
 
 Mr. Meritt. It was more than a million and a quarter dollars, 
 Senator. 
 
16 OPENING OF THE CROW (MONTANA) INDIAN RESEEVATION. 
 
 Senator Walsh. That was put into this irrigation plant, and it 
 is lying there ; and now the report tells you how the area under cul- 
 tivation is constantly increasing. I showed you that the expense of 
 maintaining that irrigation system is twice, or almost twice, the 
 ) aggregate of the amount of the agricultural production of the reser- 
 vation, and so, year by year, the amount of this money to the credit 
 of the Indians in the Treasury is being absorbed for the purpose 
 of making necessary repairs on the reservation. 
 
 Senator Owen. How does it happen that the irrigation project 
 does not pay better? 
 
 Senator Walsh. Well, the Indians have never been agricultur- 
 ists. They have been hunters for buffalo and they do not take to 
 agriculture and they are not supplied with teachers. 
 
 Senator Owen. I thought this was under the supervision of the 
 Indian Office? 
 
 Senator Walsh. It is. They are doing the best they can. 
 Senator Husting. Did we not appropriate several hundred thou- 
 sand dollars again at the last session for irrigation ? 
 
 Senator Walsh. Now, really, you go back and you will find that 
 in some way or another statesmen and philanthropists all had an 
 idea that that was the solution of the matter — to put the land under 
 cultivation and construct irrigation plants and have the Indians 
 cultivate the lands ; but they will not do it. You have to teach .them 
 how to do it. In the first place, the Indian is not an industrious, 
 hard-working fellow, and it takes hard work — ^back-breaking work — 
 to cultivate new land and put it under irrigation, and so it is not 
 being done. Then, in addition to that, the expense of maintenance 
 and the expense of administration on this reservation are great. 
 They have a very poor system of bookkeeping in the Indian Office. 
 Senator Cuetis. It is all paid out of their fund? 
 Senator Walsh. It is all paid out of their fund. You can figure 
 it out. It amounts to something like $105,000 a year to run the reser- 
 vation, and that is coming out of this money, and so the Indians say, 
 " We never got a dollar from the land that we sold." 
 
 Senator Owen. Would it not be a good idea to pension them? 
 Senator Walsh. Of course it would. Now, we endeavored, Sena- 
 tors, to meet that condition in this bill. We endeavor to fix it so the 
 Indian will know what he is getting and what is coming to him. 
 The report there tells about the expense of administration and says 
 that if this land is opened after this the expenses of administration 
 will have to be met by appropriation out of the Treasury, whereas 
 now they are met out of the funds of the Indians, while they have 
 this 750,000 acres of land, and they have got 13,000 head of cattle 
 on that 750,000 acres of land, and jon can increase that herd easily 
 to 25,000, or if you do not increase it, you can lease out the right to 
 graze the additional 13,000 on that and they will pay you $2.50 a 
 head at least— I think we might say $3 a head. You can realize that 
 it would make $39,000 more for grazing. Why, anybody with any 
 kind of business judgment or business capacity at all can take those 
 750,000 acres of land and 25,000 head of cattle, or their equivalent, 
 12,000 head of cattle, and if he can not clear $100,000 a year he ouffht 
 to quit. . ' J s 
 
OPENING OF THE CROW (MONTANA) INDIAN RESERVATION. 17 
 
 So I call your attention to the fact that they have got land enough 
 left and cattle enough left so that easily all the expenses of adminis- 
 tration can be met out of these resources. 
 
 Senator Owen. What are the objections that the commissioner 
 urges to this matter? 
 
 Senator Walsh. Why, Senator, I canvassed the letter of the Sec- 
 retary here. It recites all of the objections that are urged. I took 
 them up one by one and I answered those objections, and no man 
 has ever come before this committee to question or to controvert in 
 any way, shape, or manner those matters that I adverted to. 
 
 For instance, one was that the land on this ceded strip had not 
 yet been disposed of; large areas of that land remained undisposed 
 of. Another was that there are 49,000,000 acres of public land open 
 to entry in the States of Montana and Wyoming. Another was that 
 the treaty was against it, when, as a matter of fact, for 10 years in 
 the deliberations of this committee you never consulted or conferred 
 with nor ever took the judgment of the Indians concerning the open- 
 ing of the reservation, never since the decision of the case to which 
 Senator Curtis has adverted. 
 
 Senator Clapp. Do you recall at this time, Senator, a case in 
 which we have diminished the reservation where there was an ex- 
 press treaty provision? Now there may have been such cases that 
 had passed our scrutiny. 
 
 Senator Walsh. Senator Clapp, I read as part of my remarks 
 when this matter was before us, from the report, or at least an article 
 by Superintendent Valentine, who told of the history of this matter 
 and of the decision of the Supreme Court, and stated that thereafter 
 the department never sought to secure the consent of the Indians to 
 the opening of the reservation. 
 
 Senator Clapp. I think that is probably true, but it has not to my 
 knowledge ever come before the committee. 
 
 Senator Walsh. I wish I could find it for you. Senator. 
 
 Senator Clapp. I understand that part, but I do not recall now 
 any case to Avhich the attention of the committee was called in which 
 it was known that there was such an express agreement with any 
 tribe where we have diminished the reservation. If there have been 
 such cases, they were unnoticed and passed without attention being 
 called to the treaty itself. 
 
 Senator Walsh. Of course, that may be correct, the department, 
 as well as the committee, taking the view that the matter had been 
 disposed of by this decision of the Supreme Court. I do not mean 
 to say that it was not the subject of discussion here and determination. 
 
 Senator Clapp. It has not arisen in the State that I in part repre- 
 sent, because there is no such provision in their treaties, as I recall. 
 
 Senator Walsh. You will find at page 19 of the printed record 
 that I say as follows : 
 
 I desire to say in this connection tliat, although this report bears the signa- 
 ture of Secretary Lane, for whom I entertain a very high respect, It is by all 
 odds so weak in its logic ' and so erroneous in its statement of the conditions 
 that I can not possibly attribute its authorship to Secretary Lane. The letter 
 continues [reading] : 
 
 " For the information of your committee the following brief outline of the 
 legislative history of the Crow Reservation is presented : 
 
 "Article II of the treaty, dated May 7, 1868 " 
 
 73209— PT 4—16 2 
 
18 OPENING OF THE CEOW (MONTANA) INDIAN EESEKVATION. 
 
 Senator Page. That was before the aclmissiou of your State into the Union, 
 was it not? 
 
 Senator Walsh. Yes, sir; that was in 1868, and we were admitted in 1889 
 [reading] : 
 
 "(15 Stat. L., 649), created a reservation in tlie tlien Territory of Montana for 
 the Crow Tribe of Indians, which treaty also contained the following : 
 
 " 'Akt. XI. No treaty for the cession of any portion of the reservation herein 
 described, which may be held in common, shall be of any force or validity as 
 against the said Indians unless executed and signed by at least a majority of 
 all the adult male Indians occupying or interested in the same, and no cession 
 by the tribe shall be understood or construed in such manner as to deprive, 
 without his consent, any individual member of the tribe of his right to any 
 tract of land selected by him as provided in Article VI of this treaty.' 
 
 " This obligation on the part of the Government has heretofore been respected. 
 Several reductions of the original Crow Reservation have heretofore been made, 
 but in each instance the consent of the Indians was first had and obtained. 
 By agreement, dated June 12, 1880, the Crow Indians formally consented to 
 the sale and disposal of a part of their reservation, embracing approximately 
 1,300,000 acres. This agreement was ratified by the act of April 11, 1882 
 (22 Stat. L., 42). Similar action was had under agreements with this tribe, 
 ratified by the act of March 3, 1891 (26 Stat. L., 1039). under which they 
 ceded 1,200,000 acres, and by the act of April 27, 1904 (33 Stat. L., 352), under 
 which they agreed to the cession of 1,500,000 acres." 
 
 Now, I say — 
 
 "Now, the Secretary omits to tell you that in the year 1904 the Supreme 
 Court of the United States decided that an agreement of that character was 
 in no sense binding upon the Congress of the United States, and that since 
 that time all of the reservations have been opened without any respect whatever 
 to the provisions of this treaty and without securing acquiescence in it, and 
 accordingly in 1910 this committee reported a bill through Senator Page for the 
 •opening of the Crow Reservation without having gone through the formality 
 of securing the assent of the Indians. I shall refer to Senator Page's report a 
 little later on." 
 
 You will recall that that was more than six years ago. Senator 
 Page unanimously reported from this committee a bill favoring the 
 opening of the Crow Keservation. 
 
 Senator Cxjetis. May I state at this point that the decision to which the 
 Senator refers was simply to the effect that Congress had the power to do 
 that if it thought it was for the best interests of the Indians. The Senator 
 is not just correct in the statement that other reservations or all reservations 
 since that time have been opened up without consent. The Osages consented 
 to the opening of theirs in 1906, and I think it has been the policy to have the 
 consent of the Indians if it could be had unless Congress was convinced that it 
 would be to the best Interests of the tribe to open it. 
 
 Senator Walsh. Well, I made this statement upon the authority of Mr. 
 Valentine, who was the Commissioner of Indian Affairs preceding Mr. Sells, 
 in a very excellent work by Mr. Leupp, entitled " The Indian and his Problem," 
 and I take the liberty now, with the permission of the committee, to read from 
 the work as to what he says upon that subject. I read from page 81 
 
 Senator Page. Is this from Valentfhe or from Leupp'? 
 
 Senator Walsh. This is Leupp. Now [reading] : 
 
 " Until 1903 th,e prevalent assumption among our people at large was the same 
 as among the Indians themselves, that the reservations belonged absolutely to 
 the trijjes which inhabited them in pursuance of so-called ' treaties ' or by 
 authority of presidential proclamations. Although not a few of the treaties 
 ■contained figurative language designed to convey to the tribes concerned the 
 idea of perpetuity of physical possession, every allotment law, and every moral 
 argument made in behalf of allotment as a remedy for some of the more 
 ■crying evils of the reservation system, plainly recognized that system as but a 
 passing phase of the history of Indian development, and to such extent dis- 
 credited the notion of a permanent tribal title. It has often been said to me bv 
 ultraconservative old Indians that if they had ever conceived of the changes in 
 store for their people as the result of accepting reservations, they would have 
 ■died fighting the Government rather than submit to being placed there 
 
OPEKING OF THE CEOW (MONTANA) INDIAN EESEEVATION. 19 
 
 " It is declarations like this which form the basis of much of what we hear 
 and read about the deceptions practiced on the Indians by the Government. I 
 have had a part in the negotiations of one Indian treaty and in the interpreta- 
 tion and explanation of several others, and I am cotifident that most of the sins 
 of the Government in this respect went to no greater depth than its omission to 
 volunteer to the Indians suggestions which It would never have thought of 
 volunteering in a similar transaction with people of any other race of some 
 of the less obvious consequences which might flow from the business then in 
 hand ; that the rest of the trouble has resulted from the limited range of the 
 Indian's mind, due equally to his inherited peculiarities and his narrow environ- 
 ment, but rarely appreciated by the members of treaty-making commissions ; 
 and that what has been so sweepingly denounced as a century of dishonor might 
 better be described, as far as the Government's operations are concerned, as an 
 era of mutual misunderstandings." 
 
 " Every treaty had to be ratified by an act of Congress before it became of 
 force, and again and again the lawmaking body took what looked to the general 
 public like unwarrantable liberties with vital provisions which had received the 
 approval of the Indians. A notable instance in point occurred in 1901 in an 
 act ratifying an agreement with the Kiowa, Comanche, and Apache Tribes, 
 who occupied a large reservation in Oklahoma. To the ratification was 
 attached an item providing for the allotment of lands in severalty to the 
 members of the .occupant tribes and the opening of tlie unallotted surplus of 
 the reservation to public sale and settlement. Some of the features of this 
 legislation differed so radically from the terms of the original agreement with 
 the Indians that the Indian Rights' Association resolved to make a test ease 
 of the question of the authority of Congress in the premises. It brought suit, 
 therefore, in the name of Lone Wolf, a prominent Klowu, to enjoin the Secre- 
 tary of the Interior from carrying the law into execution. The case finally 
 reached the Supreme Court of the United States, which not only affirmed the 
 right of Congress to do what it had done, but laid down the general principle 
 . that the fee in Indian reservations is vested in the Government ; that the 
 Indians have nothing more than a right of occupancy ; and that the power of 
 Congress to work its will with such reservations is practically limited only by 
 its own sense of justice in dealing with a weaker and dependent people. 
 
 " This broad pronouncement carried dismay to the hearts of many excellent 
 persons whose benevolent interest in the Indians had led them to share the 
 Indian view of unqualified ownership and who could hardly reconcile them- 
 selves to the discovery that their long-cherished notion was a delusion. But 
 to one who had been studying the subject in a quite unemotional, way it 
 brought no great surprise. Nay, it furnished a key to a problem which had 
 given most of us anxious thought, for it had been intolerable to believe that the 
 highest legislative body in this . Republic would go on year after year cutting 
 out essential features of agreements with the Indians entered into with the 
 utmost solemnity of form, substituting therefor provisions never contemplated 
 by the immediate parties to these instruments and forcing the unrecognizable 
 resultant down the throats of the weaker party merely because the latter was 
 too feeble to resent the affront. When the Supreme Court gave to the apparent 
 aggressions of Congress the sanction of legal righteousness It at any rate 
 cleared the air and simplified the future duty of the friends of the Indians. 
 "From the 5th of January, 1903, the date of Lone Wolf decision, to the 
 present day no more agreements have been made or sought with the Indians 
 preliminary to the opening of a reservation." 
 
 That is the authority upon which I made the statement. 
 Senator Curtis. Eight there, if I may interrupt you, the decision 
 was made after a term of court in 1902, rendered, I think, in January, 
 1903, but Congress did afterwards negotiate and submit to a vote the 
 Osage treaty of 1906. I thinlc it would be well to read the language 
 of the decision at this point. . . ■ i.^ ^x, ^ i i 
 
 Senator Owen. It is rather a declaration of right than of legal 
 
 righteousness. . . 
 
 Senator Curtis. The decision is as follows : 
 
 The DOwer exists to abrogate the provisions of an Indian treaty, though 
 presumably such power will be exercised only when circumstances arise which 
 
20 OPENING OF THE CROW (lilONTAlNrA) INDIAN RESEEVATION. 
 
 will not only justify tlie Government in disregarding the stipulations of the 
 treaty, but may demand, in the interest of the country and the Indians them- 
 selves, that it should- do so. 
 
 Senator Walsh. In justice to Mr. Leupp, I ought to proceed with 
 the reading from the last hearing: 
 
 Senator Cubtis. Let me state what I know to be a fact. I know that the 
 Osage agreement of 1906 was voted on and approved by the Osages before it 
 was submitted to Congress. I do not care what Mr. Leupp says. I know what 
 occurred- 
 
 Senator Walsh. I merely read this so that 
 
 Senator Cubtis. But I want to state that because I know it. The agreement 
 with the Kaw Indians in 1902 was voted on by the tribe and submitted by the 
 tribe to Congress, and Congress approved it. After that time the Osages took 
 the same agreement and worked out their own plan and submitted it. Of course, 
 it was afterwards amended in the department and amended in Congres, but 
 the Osages by a majority vote voted to submit the proposition to Congress. I 
 do not care what Mr. I^eupp says. 
 
 Senator Walsh.' Mr. Leupp goes on [reading] : 
 
 " But during my administration as commissioner, when a bill looking to such 
 an opening was introduced in Congress and submitted to our department for 
 comment, I always urged the insertion of a clause to provide for sending a 
 special agent to the tribe concerned, to explain the situation; to interpret the 
 pending bill so that the Indians could comprehend its purport ; to assure them 
 in my name that under the ruling of our ' highest council of judges ' it would 
 be worse than useless for them to try to prevent the opening of their reservation 
 if Congress had decided that it should be opened ; and to ask then to discuss 
 the matter 'soberly among themselves and send me word what they would like 
 omitted, or modified in, or added to the bill as it stood. The message was 
 accompanied with a promise that I wCuld carefully consider their requests, 
 transmit to Congress those which- seemed sensible and wise, and use my utmost 
 influence to procure such changes in the meaure before it became a law." 
 
 And so, gentlemen, when the bill reported by Senator Page, to 
 Avhich I made reference a little while ago, was before this committee, 
 a delegation of the Indians was here and the committee said to the 
 Indians in substance, " We are going to pass a bill and we would 
 like to get it as nearly in conformity with your wishes as we can." 
 Now they said to the Indians, " You meet with Senator Dixon here 
 and let Senator Dixon know just exactly what changes you would 
 like to have in the bill and present them to us and we will consider 
 them." They did so. I do not know whether any changes were made 
 or not— I dare say there were some. Senator Dixon reported them 
 and they were acted upon, and adopted or rejected as the case may 
 be and the bill was reported. 
 
 That was the procedure, in accordance with what he says here. 
 
 Now the Commissioner of Indian Affairs comes before this com- 
 mittee and asks you not to pass this bill, not to give it your indorse- 
 ment or approval, because of the provisions of this treaty which for- 
 bids that Congress act on this matter without first getting the con- 
 sent of the Indians. I have told you my conviction, that you would 
 not get the consent of the Indians while this present condition of 
 affairs obtains. 
 
 Senator Curtis. Mr: Chairman I personally dislike very much to 
 oppose a measure that is supported by both of the Senators from 
 the State of Montana, and I am satisfied from what has been stated 
 by Mr. Walsh and the examination 1 have made of this case, that 
 somethmg ought to be done for these Indians and that the policy 
 that has been followed there would be changed by the department. 
 I do not think there is any question on earth about that. But I do 
 
OPEIfING OF THE CHOW (MqNTANA) INDIAN RESERVATION. 21. 
 
 believe that where the Indians themselves are unanimously opposed 
 to it, where the Commissioner of Indian Affairs is opposed to it, and 
 the Secretary of the Interior, and similarly the Indian Rights As- 
 sociation, who looks after the interest of the Indians, that we ought 
 to hesitate about passing or recommending the opening up the reser- 
 vation. It seems to me that Senator Walsh should confer with the 
 officers of the Indian Department, and that they ought to be able to 
 work out some plan that would be of benefit to the Indians— a pos- 
 sible plan to open up some of this reservation, but as far as I am 
 personally concerned, I can not vote for a bill where it is opposed by 
 the Indians themselves and by the Secretary and by the commissioner 
 unless^ I were fully convinced that it was for the best interests of 
 the Indians, and under all the circumstances I have some doubt that 
 it is for the best interests of the Indians. 
 
 The Chairman. Is there any further discussion? 
 . Senator Clapp. Mr. Chairman, I see a representative of the Indian 
 Office here. It is possible that he may desire to submit a statement. 
 
 STATEMENT OF MR. EDGAR B. MERITT, ASSISTANT COMMISSIONER 
 OF INDIAN AFFAIRS. 
 
 Mr. Meeitt. Mr. Chairman, Commissioner Sells asked me to get 
 out of a sick bed this morning and to come before the committee to 
 express his very strong objection to the passage of the Myers bill for 
 opening the Crow Indian Ileserva|;ion. 
 
 I was before the committee last summer and expressed the views of 
 the office and my own viie'^s in det£(.il on th^g bill, and piy testimony 
 is to be found on page 119 of Part II of the hearings. It seems to me 
 that the strongest objection to the passagp pf thp Myers bill for the 
 opening of the Crow Reservation is found in this treaty provisiqn, 
 which says in substance that the Crow Reservation shall not be 
 opened without the cpnsent of thp Indians. The Crpw Indians have 
 considered the Myers bill. A resolutipn was pasgpd, I believe, by the 
 Senate submitting this question to the Cro"^y Indians- It Was the 
 unanimous opinion of the Crow Indians, expressed without any in- 
 fluence on behalf of the commissipner or the employees pf tl^p Indian 
 Bureau, that the Myers bill shpuld npt be passed. We concede that 
 Congress has a legal right to open the Crow Reservation, in view of 
 the decision of the Supreme Court of the United States in the Lone 
 Wolf case; but there is a moral question involved here, and that is 
 the question of taking the property of the Crow Indians away from 
 them in the face of their pbjectipp, the treaty referred to, apd in view 
 of the strongly expressed opposition of the Crow Indians. The 
 Indian Office and Commissipner Sells strongly believe that this biU 
 should not be favorably repprted. 
 
 I realize that mistakes have been m.ade in the past in the adminis- 
 tration and handling of the'Crow |natters; for example, the construc- 
 tion pf this large irrigatipn prpject. More than $1,000,000 have 
 been expended in the construction of tliis prpject, but that project 
 wgs begun 20 years ago, and those now in charge of the Indian 
 affairs should not be hel"d responsible for that condition. The Crow 
 Indians have b§en decreasing in population during the past few 
 year's, so much so that thp death rate has been deplorable. However, 
 these conditicpis are now improving. We are trying very hard npw to 
 
22 OPENING OF THE CROW (MONTANA) INDIAN RESEEVATION. 
 
 teach these Indians industry, and we are impressing upon them the 
 necessity of going to work and making their living by labor, the 
 same as the white man. 
 
 Senator Cuetis. Before you conclude with reference to that reser- 
 vation, may I make a statement and ask you whether or not it is true, 
 or whether or not the opinion I get is correct. I had a letter yester- 
 day from a man named Summers, who said that the Indians were get- 
 ting 10 cents an acre for that land, and that the department was 
 deducting 50 cents an acre from them and from the money that they 
 earned per acre for irrigation charges. If that is so, you are charg- 
 ing the Indian 40 cents an acre a year more than he is getting for his 
 land. 
 
 Mr. Meeitt. I do not believe that statement is true, Senator. 
 
 Senator Cuetis. I wish you would look it up, because this gentle- 
 man has just been upon the reservation. I would read his lettter, but 
 I turned it over to Senator Lane yesterday. ' 
 
 Mr. Meeitt. We are charging 50 cents an acre for maintaining the 
 irrigation project, but that only applies to land that is actually under 
 cultivation by the Indians. There are about 73,686 acres under the 
 irrigation project and only about 18,000 acres are under cultivation 
 by the Indians. 
 
 The irrigation project on the Crow Reservation has been a hope- 
 less failure, so far as business economics is concerned, but it should 
 be borne in mind that we are treating with a people who do not 
 always conform to business principles. It is hoped that within the 
 near future these Indians will make a better use of that irrigation 
 project. I have urged the superintendent to lease that irrigable land 
 for farming purposes so that white farmers can go in there and by 
 making use of that irrigable land, show thp Indians by example what 
 can be done. We are at this time leasing, as I stated before, 1,893,531 
 acres for grazing purposes and we receive an income of $186,150 from 
 those leases. I stated before the committee that if I were going to 
 write the legislation that would dispose of this land it would be my 
 view that we should allot the entire reservation, divide the land up 
 pro rata, and then if any individual Indian wanted to dispose of 
 his surplus land he might have that privilege, reserving, of course, 
 the minerals and oil, and having a timber reservation, and an area 
 large enough to run the tribal herd. Of course, that is only my per- 
 sonal view of the matter. It has not been passed upon officially by 
 the commissioner or by the department. But the Myers bill, as 'now 
 worded, is, in the opinion of the commissioner and the Indian Office, 
 entirely against the best interests of the Crow Indians, and is a vio- 
 lation of a solemn treatj entered into with those Indians, and it is 
 the belief of the commissioner and the Indian Office that the bill 
 should not be favorably reported or passed by Congress. 
 
 The Chairman. Is there any further discussion ? 
 
 Senator Owen. Mr. Chairman, the difficulty that I see in the way 
 is one of sentiment. We sent this matter back to the Crow Indians 
 to be voted upon by a resolution of the Senate just at the last session, 
 .imd, to have them, vote upon it, and to immediately disregard the 
 vote would seem to me to be painfully negligent of our reasonable 
 attitude. If we are going to ask their opinion about it, intending to 
 disregard it absolutely when we get it, I think that is very incon- 
 siderate. I, of course, realize the legal right of the United States 
 
OPENING OF TTIE CROW (MONTANA) INDIAN RESERVATION. 23 
 
 under the Lone Wolf decision, the same kind of legal right that 
 would obtain to abrogate a treaty with any other nation on the face 
 of the globe. You have the legal right to abrogate a treaty with 
 Germany, but we would not be apt to do that if there was any other 
 way to adjust it. 
 
 I think that Senator Walsh has made out an economic case, but it 
 is not a question of mere property. The Indian does not look at 
 these things as the white man does. The Indian does not care much 
 for property. He is not disposed to give his time and energies and 
 do back-breaking work for the purpose of accumulating property. 
 He does not care very much about property. He would rather go out 
 in the sunshine and ride around on his horse and enjoy life in his own 
 particular way. We have been trying to persuade him to take the 
 Saxon view and accumulate the property so necessary to his happi- 
 ness and his advancement. But there is a fundamental difference 
 between the Indian view and the Saxon view. One man intensely 
 desires to accumulate property; the other man is almost indifferent 
 to the accumulation of property. The old Indian conception was 
 that whenever a friend had anything he naturally would be perfectly 
 willing to divide it, and they would be perfectly willing to divide 
 what they have. That has been demonstrated over and over again. 
 They do not have the same selfish view of property. 
 
 But here is a case where we submitted this matter to these people 
 for a vote, and they have voted upon it and voted unanimously 
 against it. That does not conclude the matter necessarily. It seems 
 to me that it would be perfectly feasible for the representatives of 
 the State there to take the matter up with the Indian Office and to 
 have the Indian Office deal with the Crows and come to some kind of 
 an agreement with them' that would preserve perfectly our attitude 
 of good faith. I should feel very reluctant to disregard the vote 
 which we have just invited. 
 
 Senator Walsh. How would you like a resolution instructmg the 
 Commissioner of Indian Affairs to begin negotiations with the In- 
 dians looking to the preparation 
 
 Senator Owen. I believe that would be a better way. 
 
 Senator Clapp. Mr. Chairman, it strikes me, while I am very much 
 impressed with Senator Walsh's argument and realize the embar- 
 rassment of voting against representatives of a State who have to 
 deal with the problem and are responsibe for its outcome— we need 
 only want to develop the Indian along industrial and economic Imes^ 
 that if there is anything left of our civilization that is worth im- 
 planting in anybody else's mind we want to implant it in his mind. 
 
 Now this is the first time that I have ever been called upon to 
 vote to disregard the express terms of a treaty of this kind. I may 
 have voted to open reservations without knowing that there was 
 such a provision in the treaty, but this is the first time that I have 
 ever been called upon to vote where I knew there was such a provision 
 
 The Senate, as Senator Owen has said, has by resolution submitted 
 fV,^« mnfter to these Indians. I realize that there is a great deal of 
 fo?ce"fthe a'rguSen^^^^^^ the Senator from Montana (Mr. Walsh) as 
 to why it was easier perhaps to get a negative th^n an affirmative vote 
 Zthl proposition from the Indians. But what will be the Indians' 
 concept of our ideals when we submit this matter and have this 
 
24 OPENING OP THE CEOW (MONTANA) INDIAN EESEEVATION. 
 
 report sent back to us and then oifh.md and deliberately disregard 
 the treaty obligation Avhich we ga\e some sanction to in submitting 
 this matter to them? It does seem to me it would be better, Sena- 
 tor, if some resolution could be passed to get the cooperation of the 
 department and see if this could not be worked out without a direct 
 violation of this treaty provision. 
 
 Senator Walsh. Let me say, Mr. Chairman, in this connection that 
 the bill Avas introduced by my colleague, who is unfortunately de- 
 tained by reason of serious illness and probably will not be here 
 before the 1st of January. I had hoped that my colleagues in the 
 Senate and on the committee would yield to what sepms to me the 
 obvious interest of the Indians, and in connection with this matter 
 take up this measure and make such amendments as the committer 
 deemed wise and then pass the bill. But in \'iew of the opinions 
 expressed bj' members of the committee it may be that we ought to 
 proceed along the line suggested by the remarks of Senator Owen 
 and express to the Secretary the view that he ought to take the 
 matter up with the Indians and see if some agreement can not be 
 reached with, regard to the matter. 
 
 I should like to ask the committee to postpose the further consid- 
 eration of the matter until my colleague can be present. 
 The Chairman. To what date? 
 
 Senator Walsh. I was going to ask, if it will be agreeable to the 
 committee, to let it stand over until the first Wednesday in January. 
 The Chairmajst. Is there objection? 
 Senator Owen. Our regular meetings are on Thursday. 
 Senajior Clapp. Why not make it on Thursday and t]:ien Ave ar^ 
 more likely to have a quorum qn our regular meeting day. 
 
 Senator Gronna. I have no objection except that some of us may 
 not be able to be here at that time. Would it make aijy difference 
 if you set a later date than that ? 
 
 Senator Walsh. Well, of course, as we all know, the 4th of March 
 will come along now very rapidly. If it is satisfactory to the com- 
 mittee I will be glad to say the second Wednesday in January. 
 
 Senator Geonna. I desire to say a word before we adjourn. As 
 Senator Owen has said, Senator Walsh has made out an economic 
 case, but that is based entirely upon the way the affairs of the Indians 
 have been managed in the past, a manner which is entirely faulty. 
 I do not think it is out of place to mention the fact here that 1 was 
 subjected to a great deal of criticism, and I might say almost un- 
 friendliness, because I opposed the Indian bill a year ago, the bill 
 that failed. I called the attention of the Senate to the fact at 
 that time that these hundreds of thousands; yes, millions, of dollars 
 that have been taken from the Indians' money and invested in recla- 
 ination projects was money wasted. We have conclusive proof of 
 that here to-day in the case which has been so ably presented by 
 Senator Walsh. It is an absolute proof and corroboration of the 
 statement I made at that time, that we were taking the Indians* 
 money and expending it for something that is of no use to the In- 
 dian, because the Indian was not prepared to farm under these con- 
 ditions. 
 
 I am simply paying that in order to call not only the attention of 
 this committee but of the department to the fact that we ought to 
 exercise care m. appropriating these vast sums of money for irriga- 
 
OPENING OF THE CKOW (MONTANA) INDIAN EESEKVATION. 25 
 
 tion projects. The Avhite men have no objection, of course, to that 
 provided it is taken out of the Treasury of the United States ; but, 
 p,s I said at that time, I do object to the taking of the Indians' money 
 for the purpose of building irrigation projects which eventually 
 inure to the benefit of the white man entirely. There is a possibility 
 of changing this system, and I know that the Indian Office has re- 
 cently been trying to do it. They have been investing the Indians' 
 money in cattle. But they ought to invest more. If you make mil- 
 lionaires by leasing the land to them on that reservation, why not 
 give the Indians that benefit? It is not impossible for the Indian 
 Office or for Congress to allow the Indian Office to buy cattle and . 
 invest the money in that way. If the Indians have not the money, 
 take money out of the Treasury and let them buy cattle instead of 
 leasing to those millionaires or those people, whoever they are, 
 for 8 cents an acre, which is nothing, in my judgment. We pay in 
 North Dakota $1, and as high as $2, an acre for grazing land, and I 
 know that 8 cents an acre is only a nominal sum, and it is worth 
 more if it is worth anything at all. 
 
 Senator La Follette. These Indians have something like $800,000 
 in the Treasury now, which would provide for establishing a cattle 
 industry there for them, which would make the lands remunerative 
 to them. 
 
 Senator Geoxna. Exactly. 
 
 Senator La Follette. Give them the opportunity to hold them for 
 a raise that will eventually come. 
 
 Senator Geonna. That is right. If you will establish the right 
 standard and base it upon that, then the argument by Senator Walsh, 
 of course, will fall. But I agree with Senator Walsh that if you 
 are going to conduct the business of the Indians in the future as it 
 has been conducted in the past, we had better pass his bill. There is 
 no question about that, I can not, however, at this time vote to re- 
 port the bill out. I have no objection to postponing action upon it. 
 I think that ought to be done. 
 
 The Chairman. Is there any objection to the request of the Senator 
 from Montana that the bill be postponed tmtil Wednesday, the 10th 
 day of January, 1917, that being the second Wednesday in that 
 month? 
 
 Senator Clapp. Why do you make it Wednesday, when on the next 
 day we will have a regular meeting and would be more apt to have 
 
 a quorum present ? i x ^i, + 
 
 The Chairman. Senator, we will be m session every day at that 
 
 time on the Indian appropriation bill. ^ ^ i .i x xu 
 
 Senator Walsh. I make that suggestion because I find that on the 
 
 regular day there are a great many other things that require the 
 
 attention of the committee, and I would like to make this a special 
 
 matter. , . ,. 
 
 Senator Clapp. Very well; I have no objection 
 
 The Chairman. Do you want it disposed of on that day, or do you 
 lesire further discussion? unxu ■+ 
 
 Senator Walsh. If my colleague is here I would like to have it 
 disposed of. I may be obliged at that time to ask a little further 
 discussion. 
 
26 OPENING OF THE CEOW (MONTANA) INDIAN BESEKVATION. 
 
 The Chairman. A vote will be taken on the bill at that time. 
 
 Senator Clapp. You can not bind the committee to vote on that 
 day. 
 
 The Chairman. Well, we will postpone it to that day for further 
 consideration. 
 
 Senator Curtis. I move that the committee adjourn. 
 
 (The motion was agreed to, and the committee adjourned, postpon- 
 ing the consideration of the Crow Indian bill to Wednesday, January 
 10, 1917, at 10 o'clock a.' m.) 
 
Cornell University Library 
 
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 Opening of the Crov» (Mont.) Indian Reser 
 
 3 1924 028 748 469 
 

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